text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety (Fees) Regulations 2005 and shall come into force on 6th April 2005.
2
In these Regulations —
“approval” includes the amendment of an approval, and “amendment of an approval” includes the issue of a new approval replacing the original incorporating an amendment;
“employment medical adviser” means an employment medical adviser appointed under section 56(1) of the 1974 Act;
“the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to —
mines within the meaning of section 180 of the Mines and Quarries Act 1954 ;
tips and quarries within the meaning of regulations 2(1) and 3 respectively of the Quarries Regulations 1999 ; and
tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969 ;
and includes regulations, rules and orders relating to a particular mine (whether they are continued in force by regulation 7(3) of the Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974 or are health and safety regulations);
“original approval” does not include an amendment of an approval;
“renewal of approval” or “renewal of licence” means respectively the granting of an approval or licence to follow a previous approval or licence without any amendment or gap in time; and
“working days” does not include weekends or public holidays.
Fees payable under the mines and quarries provisions
2
1
A fee shall be payable by the applicant to the Executive on each application for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.
2
The fee payable under paragraph (1) on application for such approval as is mentioned in column 1 of Part 1 of Schedule 1 shall be respectively that specified in the corresponding entry in column 2, 3 or 4 of that Part and shall be payable on making the application for approval, or, where any such entry specifies a fee as the reasonable cost to the Executive of having the work carried out, the fee so costed shall be payable prior to the notification of the result of the application.
3
Where the Executive requires testing to be carried out to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant prior to the notification of the result of the application for the approval as described below —
a
in the case of explosives and detonators, for each test specified in column 1 of Part 2 of Schedule 1, the fee shall be that specified in the corresponding entry in column 2 of that Part;
b
in any other case, the fee shall be as set out in Part 3 of Schedule 1 (that is to say the reasonable cost to the Executive of having the testing carried out).
Fees for applications for approval under the Agriculture (Tractor Cabs) Regulations 1974
3
1
A fee shall be payable by the applicant to the Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974 .
2
The fee payable on application for such an approval or revision of an approval as is described in column 1 of Schedule 2 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fee for application for approval under the Freight Containers (Safety Convention) Regulations 1984
4
1
A fee shall be payable by the applicant to the Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984 .
2
The fee payable on application for the approval described in column 1 of Schedule 3 shall be that specified in column 2 of that Schedule.
Fees for various applications under the Asbestos (Licensing) Regulations 1983
5
1
A fee shall be payable by the applicant to the Executive on each application for a licence under the Asbestos (Licensing) Regulations 1983 (“the 1983 Regulations ”).
2
The fee payable on application for a licence described in column 1 of Table 1 to Schedule 4 shall be that specified in column 2 of that Table.
3
Where the Executive refuses to grant an applicant a licence under the 1983 Regulations and offers to reassess whether to grant the application if shortcomings leading to the refusal are remedied, a fee shall be payable by the applicant to the Executive in respect of any such reassessment.
4
The fee payable for the reassessment referred to in paragraph (3) shall be that specified in column 1 of Table 2 to Schedule 4.
5
Where the Executive amends a licence granted under the 1983 Regulations and the amendment relates to a condition or the duration of the licence, a fee shall be payable to the Executive by the licensee.
6
The fee payable under paragraph (5) shall be that specified in column 2 of Table 2 to Schedule 4.
7
Where the Executive replaces a lost licence granted under the 1983 Regulations or the Executive amends a licence granted under the 1983 Regulations for reasons other than those referred to in paragraph (5), a fee shall be payable to the Executive by the licensee.
8
The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 to Schedule 4.
Fees for examination or surveillance by an employment medical adviser
6
1
A fee shall be payable to the Executive by an employer in respect of a medical examination or medical surveillance of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 5.
2
The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when surveillance is carried out together with additional fees for X-rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 5 —
a
the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
b
the additional fee for X-rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X-rays taken in connection with any one examination;
c
the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination.
3
Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Control of Asbestos at Work Regulations 2002 , that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).
Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 2002
7
1
A fee shall be payable to the Executive by an employer in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 2002 .
2
The fee payable for each item described in column 1 of Schedule 6 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for various applications in connection with the Ionising Radiations Regulations 1999 and the Radiation (Emergency Preparedness and Public Information) Regulations 2001
8
1
A fee shall be payable by the applicant to the Executive on each application for an approval of dosimetry services, or for the reassessment of an approval of dosimetry services previously granted, for the purposes of the 1999 Regulations .
2
A fee shall be payable by the applicant to the Executive on each application for the type approval of apparatus pursuant to sub-paragraphs 1(c)(i) and 1(d)(i) of Schedule 1 to the 1999 Regulations.
3
The fee payable for approval or reassessment or type approval in respect of each matter described in column 1 of Table 1 to Schedule 7 shall be that specified in the corresponding entry in column 2 of that Table.
4
A fee shall be payable by the applicant to the Executive on each application for an approval of dosimetry services, or for the reassessment of an approval of dosimetry services previously granted, for the purposes of regulation 14 of the Radiation (Emergency Preparedness and Public Information) Regulations 2001 .
5
The fee payable for an application for each purpose specified in column 1 of Table 2 to Schedule 7 shall be that specified in column 2 of that Table.
6
A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its nuclear or other specialist inspectors in connection with any application in respect of which a fee is payable —
a
by virtue of paragraph (1) or (2), or
b
by virtue of paragraph (4)
and the fee for such work in connection with each matter described in column 1 of Tables 1 and 2 to Schedule 7 shall be that specified in the corresponding entry in column 3 of those Tables for each hour worked, adjusted pro rata for a period worked of less than one hour.
7
Where the Executive requires an inspection to be carried out in connection with any application mentioned in this regulation, a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of any member of the Executive’s staff in connection with the inspection.
8
Any fee payable under paragraph (6) or (7) shall be payable prior to notification of the result of the application.
9
In this regulation “the 1999 Regulations” means the Ionising Radiations Regulations 1999 .
Fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983
9
1
Where any application in relation to a provision specified in column 1 of Part 1 of Schedule 8 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Executive.
2
The fee or maximum fee payable under each provision specified in column 1 of Part 2 of Schedule 8 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.
3
A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1) for any purpose specified in column 2 of Part 1 of Schedule 8 for which there is a corresponding entry in column 4 of that Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 4 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to notification of the result of the application.
4
A fee shall be payable by the applicant to the Executive for each application made for each purpose specified in column 1 of each of Parts 3, 4 and 5 of Schedule 8 and such fee shall be payable on making the application save that, in the case of an application for the purpose referred to in entry (a) in column 1 of Part 5 of that Schedule, the fee shall be payable prior to notification of the result of the application.
5
The fee for an application for each purpose specified in column 1 of each of Parts 3, 4 and 5 of Schedule 8 shall be that specified in the corresponding entry in column 2 in the respective Part and, where the fee is determined as an amount per hour, the fee shall be adjusted pro rata for a period worked of less than one hour.
6
A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (4) for any purpose specified in column 1 of each of Parts 3, 4 and 5 of Schedule 8 for which there is a corresponding entry in column 3 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 3 of that Part for each hour worked, adjusted pro rata for a period worked of less than one hour, and such fee shall be payable prior to notification of the result of the application.
7
A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part 6 of Schedule 8, and the fee for testing in connection with each such purpose shall be the reasonable cost to the Executive of having the work carried out and such fee shall be payable prior to notification of the result of the application.
8
Part 2 of Schedule 8 shall have effect subject to the Notes to that Part.
Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
10
Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928 or section 1(4) of the Petroleum (Transfer of Licences) Act 1936 the fees in respect of applications for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after the coming into force of these Regulations irrespective of the date of the application for that licence, transfer or renewal.
Fees for application for or changes to an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987
11
1
A fee shall be payable by the applicant to the Executive on each application for an explosives licence, for any alteration in the terms of, or other change to an existing licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 .
2
The fee on an application for each purpose specified in column 1 of Schedule 9 shall be that specified in column 2 of that Schedule and where the fee is determined as an amount per hour, the fee, which shall be adjusted pro rata for a period worked of less than one hour, so calculated shall be payable prior to notification of the result of the application.
Fees for certificates and applications for approvals under the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004
12
1
A driver may only be issued with a driver training certificate in accordance with regulation 32 of the Carriage Regulations where a fee of the sum specified in Schedule 10 has been paid to the GB competent authority.
2
The validity of a driver training certificate may only be extended in accordance with regulation 33(6)(c) of the Carriage Regulations where, within the period of 12 months which precede the expiry of the original certificate or of an extension of it granted in accordance with that regulation, a fee of the sum specified in Schedule 10 has been paid to the GB competent authority.
3
A fee shall be payable by the applicant to the GB competent authority on each application for an original approval or a renewal of any approval of initial or refresher training in accordance with sub-section 8.2.2.6 of ADR pursuant to regulation 24(1) of the Carriage Regulations.
4
The fee payable under paragraph (3) on application for such approval as is mentioned in column 1 of Schedule 11 shall be respectively that specified in the corresponding entry in column 2 or 3 of that Schedule.
5
An individual may only be issued with a safety adviser vocational training certificate in accordance with regulation 32 of the Carriage Regulations where a fee as specified in Schedule 12 has been paid to the GB competent authority or the person designated by it for the purpose of issuing safety adviser vocational training certificates.
6
The validity of a safety adviser vocational training certificate may only be extended in accordance with regulation 32(5)(c) of the Carriage Regulations where, within the period of twelve months which precede the expiry of the original certificate or an extension of it granted in accordance with that paragraph, a fee of the sum specified in Schedule 12 has been paid to the GB competent authority or the person designated by it for the purpose of issuing safety adviser vocational training certificates.
7
Nothing in paragraphs (1), (2), (5) and (6) shall be construed as making a fee payable by a person in any of the capacities specified in section 43(4) of the 1974 Act.
8
For the purposes of this regulation and Schedules 10, 11 and 12, “the Carriage Regulations” means the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 and “ADR” and “GB competent authority” have the same meanings as in those Regulations.
Estimate of cost of work
13
Where any fee is to be assessed on the reasonable cost to the Executive of carrying out any work or testing under regulation 2(2), 2(3)(b), 9(2) or 9(9), the Executive shall on receipt of the application first prepare and send to the applicant an estimate of that cost and shall, before carrying out the work, obtain confirmation from the applicant that he wishes the work to be carried out on the basis of that estimate of cost.
Fees for notifications and applications under the Genetically Modified Organisms (Contained Use) Regulations 2000
14
1
The fee specified in column 2 of Schedule 13 shall be payable by a notifier to the competent authority on each such notification or application under the 2000 Regulations as is referred to in the corresponding entry in column 1 of that Schedule.
2
No fee shall be returned to a notifier where the competent authority returns a notification pursuant to regulation 14(7) of the 2000 Regulations or a notifier withdraws his notification pursuant to regulation 15(6) of the 2000 Regulations.
3
In this regulation, “the 2000 Regulations” means the Genetically Modified Organisms (Contained Use) Regulations 2000 and “competent authority” has the same meaning as in those Regulations.
Fees for notifications and applications under the Notification of New Substances Regulations 1993
15
1
The fee specified in column 2 of Table 1 to Schedule 14 shall be payable by a notifier to the competent authority, within the meaning of the Notification of New Substances Regulations 1993 , on each such notification or application under those Regulations as is referred to in the corresponding entry in column 1 of that Table.
2
In the circumstances described in column 1 of Table 2 to Schedule 14, the fee specified in the corresponding entry in column 2 of that Table shall be payable by the notifier to the Executive in addition to the fee payable under paragraph (1) in respect of the notification concerned.
3
In Schedule 14 —
“the 1982 Regulations ” means the Notification of New Substances Regulations 1982 ;
“the 1993 Regulations ” means the Notification of New Substances Regulations 1993;
“the predecessor Directive” has the same meaning as is given to “the Directive” in the first mentioned Regulations in this paragraph;
“RTP polymer” means a polymer, which word has the same meaning as in the second mentioned Regulations in this paragraph, for which a reduced test package is acceptable pursuant to paragraph C.2 of Part D of Schedule 2 to those second mentioned Regulations; and,
references in that Schedule to “competent authority”, “the Directive” ,“member State” and “process-orientated research and development” have the same meanings as in those second mentioned Regulations.
Fees payable in respect of offshore installations
16
1
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 15 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee shall be payable to the Executive by an operator or owner who has prepared a safety case pursuant to the 1992 Regulations for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against —
a
that operator or owner in relation to the installation to which the safety case relates;
b
a contractor in relation to any work carried out by him on or in connection with that installation.
3
In this regulation, regulation 19 and Schedule 15, “the 1992 Regulations” means the Offshore Installations (Safety Case) Regulations 1992 , and “installation”, “safety case”, “operator” and “owner” have the same meanings as in those Regulations.
Fees payable in respect of railway safety functions
17
1
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 16 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee shall be payable to the Executive by a railway operator who has prepared a safety case which has been accepted by the Executive pursuant to the 2000 Regulations for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against —
a
that railway operator in relation to the railway infrastructure, station or train operation to which that safety case relates;
b
a contractor in relation to work carried out by him on or in connection with that railway infrastructure or station or in connection with that train operation.
3
This regulation shall not apply to a function performed in relation to the tunnel system within the meaning of section 1(7) of the Channel Tunnel Act 1987 .
4
This regulation shall not apply to a function performed in relation to a railway, tramway or trolley vehicle system if on no part of that railway, tramway or trolley vehicle system there is a line speed exceeding 40 kilometres per hour and for the purposes of this paragraph “line speed” means the highest of the permitted speeds on the railway, tramway or trolley vehicle system concerned and “permitted speed” means the maximum speed permitted on the part of the railway, tramway or trolley vehicle system concerned.
5
In this regulation, regulation 19 and Schedule 16, “the 2000 Regulations” means the Railways (Safety Case) Regulations 2000 , the “ Approval Regulations ” means the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994 , “railway”, “railway infrastructure”, “railway operator”, “safety case”, “station” and “train” have the same meanings as in the 2000 Regulations and “tramway” and “trolley vehicle system” have the same meanings as in the Transport and Works Act 1992 .
Fees payable in respect of gas safety functions
18
1
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 17 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee shall be payable to the Executive by a person conveying gas who has prepared a safety case pursuant to the 1996 Regulations or by a network emergency co-ordinator for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against —
a
that person in relation to the network to which the safety case relates; and
b
a contractor in relation to work carried out by him on or in connection with that network,
insofar as such enforcement is for the purpose of protecting persons from risks arising from the manner in which gas is conveyed or used.
3
In this regulation, regulation 19 and Schedule 17, “the 1996 Regulations” means the Gas Safety (Management) Regulations 1996 , and “network”, “network emergency co-ordinator” and “safety case” have the same meanings as in the 1996 Regulations.
Provisions supplementary to regulations 16 to 18
19
1
The fees referred to in regulations 16 to 18 above shall —
a
not exceed the sum of the costs reasonably incurred by the Executive for the performance of the function referred to in the respective regulation; and
b
be payable within 30 days from the date of the invoice that the Executive has sent or given to the person who is required to pay the fees, and such invoices shall include a statement of the work done and the costs incurred including the period to which the statement relates.
2
Any fees payable under regulations 16 to 18 shall not include any costs connected with any —
a
in England and Wales, criminal investigation or prosecution incurred (in either case) from the date any summons is obtained from a Magistrates' Court;
b
in Scotland, criminal investigation or prosecution incurred (in either case) after such a time as —
i
the inspector undertaking the investigation submits a report to the Procurator Fiscal for his decision as to whether a prosecution should be brought; or
ii
the Procurator Fiscal intervenes in the investigation,
whichever is the sooner; or
c
appeal pursuant to section 24 of the 1974 Act (appeal against improvement or prohibition notice) and regulation 16(1) and (3)(b) of, and Schedules 1 and 4 to, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 .
3
For the purposes of regulation 16 and paragraph (2)(a) and (b), an installation shall be treated as being in England and Wales if it is in the English area within the meaning of article 1 of the Civil Jurisdiction (Offshore Activities) Order 1987 and in Scotland if it is in the Scottish area within the meaning of that article.
4
Any reference in regulations 16 to 18 to a person who has prepared a safety case includes a reference to a person who is required to prepare a safety case, and in that connection as if —
a
any reference in those regulations to the installation, railway infrastructure, station, train operation or network to which the safety case relates were a reference to the installation, railway infrastructure, station, train operation or network to which the safety case would have related if it had been prepared in accordance with such requirement; and
b
the reference in regulation 17(2) to a safety case which has been accepted by the Executive were a reference to a safety case which is required to be accepted by the Executive.
5
Any reference in regulations 16 and 17 to a person who has prepared a safety case includes a reference to a person who is treated as having prepared a safety case by virtue of (in the case of regulation 16) regulation 2(9) of the 1992 Regulations or (in the case of regulation 17) regulation 2(7) of the 2000 Regulations.
6
Any reference in regulations 16 to 18 to work carried out by a contractor is a reference to work carried out by the contractor or his employees for the benefit of the person by whom the fees are payable under that regulation, whether pursuant to an agreement or an arrangement he has made with that person or with another person.
7
Any reference in regulations 16 to 18 to a function conferred on an inspector by the 1974 Act which relates to enforcement against a person of any of the relevant statutory provisions includes a reference to any function conferred on an inspector by that Act which is exercised for the purpose of carrying into effect those provisions in relation to that person.
Fees for applications for approvals under the Health and Safety (First-Aid) Regulations 1981
20
1
A fee shall be payable by the applicant to the Executive on each application for an original approval of training or a renewal of an approval of training under regulation 3(2)(a) of the Health and Safety (First-Aid) Regulations 1981 .
2
The fee payable under paragraph (1) shall be —
a
in respect of an application for an original approval, that specified in column 1 of Table 1 to Schedule 18; and
b
in respect of an application for a renewal of an approval, that specified in column 3 of that Table.
3
Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and an additional site-visit for the purpose of reassessment is required, the fee payable shall be that specified in column 2 of Table 2 to Schedule 18.
4
The fee referred to —
a
in paragraph (1) shall be payable on making the application for approval or renewal of an approval of training;
b
in paragraph (3) shall be payable prior to the notification of the result of the application for approval of training.
5
Where the Executive requires a site-visit, not including one for the purpose referred to in paragraph (7), to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee shall be payable to the Executive by the provider of the approved training, except that no such fee shall be payable in respect of the first such site-visit made after the original approval has been given.
6
The fee payable under paragraph (5) shall be that specified in column 1 of Table 2 to Schedule 18 except where the site-visit is required to be carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit, when the fee shall be that specified in column 2 of that Table.
7
Where the Executive requires a site-visit to be made for the purpose of investigating a complaint in relation to training provided pursuant to an approval mentioned in paragraph (1), a fee shall be payable to the Executive by the provider of the training where —
a
the result of the investigation is that the complaint is found to be justified, and
b
the complaint could not be fully investigated during a site-visit made for an additional purpose to that of investigating the complaint, requiring, as a result, a further site-visit.
8
The fee payable under paragraph (7) shall be that specified in column 3 of Table 2 to Schedule 18.
9
Where the date for any site visit referred to in this regulation has been agreed between the training provider and the Executive and —
a
three working days or less before that date the training provider informs the Executive that he wishes to cancel the site-visit agreed for that date, and
b
there is as a result no site-visit on that date,
a fee shall be payable by the training provider to the Executive in respect of that cancelled site-visit.
10
The fee payable under paragraph (9) shall be that specified in column 4 of Table 2 to Schedule 18.
11
The fee referred to in paragraphs (6), (8) and (10) shall be payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.
Fees for applications for approvals under the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989
21
1
A fee shall be payable by the applicant to the Executive on each application for an original approval or a renewal of an approval of training under regulation 5(2)(a) of the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 .
2
The fee payable under paragraph (1) shall be —
a
where the application for an original approval of training relates to, as the case may be —
i
rendering first-aid to persons who are injured or become ill while at work (referred to in this regulation as “first-aid training”), or
ii
rendering first-aid to, and treating in accordance with the directions of a registered medical practitioner (who may or may not be present) persons who are injured or become ill while at work, and giving simple advice in connection with the health of persons at work (together referred to in this regulation as “medical training”),
that specified in, respectively, columns 1 and 2 of Table 1 to Schedule 19;
b
in respect of an application for a renewal of approval of, as the case may be, first-aid training or medical training, that specified in, respectively, columns 3 and 4 of that Table.
3
Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and an additional site-visit for the purpose of reassessment is required, the fee payable shall —
a
where the application for approval relates to first-aid training, be that specified in column 1 of Table 2 to Schedule 19, or
b
where the application for approval relates to medical training, be that specified in column 2 of that Table.
4
The fee referred to —
a
in paragraph (1) shall be payable on making the application for approval or renewal of approval of training;
b
in paragraph (3) shall be payable prior to the notification of the result of the application for approval of training.
5
Where the Executive requires a site-visit, not including one for the purpose referred to in paragraph (8), to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee shall be payable to the Executive by the provider of the approved training, except that no such fee shall be payable in respect of the first such site-visit made after the original approval has been given.
6
Subject to paragraph (7), the fee payable under paragraph (5) shall —
a
where the site-visit is in connection with an approval relating to first-aid training, be that specified in column 1 of Table 3 to Schedule 19, or
b
where the site-visit is in connection with an approval relating to medical training, be that specified in column 2 of that Table,
provided that, where the site-visit is in respect of both kinds of approval of training as are referred to in sub-paragraphs (a) and (b) above and takes only one day to complete, the sum of the payable fees specified in columns 1 and 2 of that Table shall be reduced by an amount of £150.
7
The fee payable under paragraph (5) where the site-visit is required to be carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit, shall —
a
where the site-visit is in connection with an approval relating to first-aid training, be that specified in column 3 of Table 3 to Schedule 19, or
b
where the site-visit is in connection with an approval relating to medical training, be that specified in column 4 of that Table.
8
Where the Executive requires a site-visit to be made for the purpose of investigating a complaint in relation to training provided pursuant to an approval mentioned in paragraph (1), a fee shall be payable to the Executive by the provider of the training where —
a
the result of the investigation is that the complaint is found to be justified, and
b
the complaint could not be investigated during a site-visit made for an additional purpose to that of investigating the complaint, requiring, as a result, a further site-visit.
9
The fee payable under paragraph (8) for such a site-visit as is there referred to, whether in connection with first-aid training or medical training provided, shall be that specified in column 1 of Table 4 to Schedule 19.
10
Where the date for any site-visit referred to in this regulation has been agreed between the training provider and the Executive and —
a
three working days or less before that date the training provider informs the Executive that he wishes to cancel the site-visit agreed for that date, and
b
there is as a result no site-visit on that date,
a fee shall be payable by the training provider to the Executive in respect of that cancelled site-visit.
11
The fee payable under paragraph (10) shall —
a
where the site-visit was to have been in connection with an approval of first-aid training, be that specified in column 2 of Table 4 to Schedule 19, or
b
where the site-visit was to have been in connection with an approval of medical training, be that specified in column 3 of that Table, (that is to say the reasonable cost to the Executive due to the cancellation).
12
The fee referred to in paragraphs (6), (7), (9) and (11) shall be payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.
Provisions supplementary to regulations 20 and 21
22
1
Where an application for an original approval of either first-aid training or training for the purposes of regulation 3(2)(a) of the 1981 Regulations is made and the applicant thereafter applies for an original approval of the one of those two kinds of training not earlier applied for or the applications are made together, the Executive shall repay to the applicant the amount of £150 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of medical training, the Executive shall repay to the applicant a further amount of £50 in respect of the fees paid for the original approvals of training applied for.
2
Where an application for an original approval of either first-aid training or training for the purposes of regulation 3(2)(a) of the 1981 Regulations is made and the applicant thereafter or at the same time applies for an original approval of medical training, the Executive shall repay to the applicant the amount of £50 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of the one of the two kinds of training first referred to in this paragraph not earlier applied for, the Executive shall repay to the applicant a further amount of £150 in respect of the fees paid for the original approvals of training applied for.
3
Where an application for an original approval of medical training is made and the applicant thereafter or at the same time applies for an original approval of first-aid training, the Executive shall repay to the applicant the amount of £50 in respect of the fees paid for the original approvals of training applied for; and if after those applications the applicant applies for an original approval of training for the purposes of regulation 3(2)(a) of the 1981 Regulations, the Executive shall repay to the applicant a further amount of £150 in respect of the fees paid for the original approvals of training applied for.
4
Where an applicant applies for original approvals of first-aid training, medical training and training for the purposes of regulation 3(2)(a) of the 1981 Regulations at the same time, the Executive shall repay to the applicant the amount of £200 in respect of the fees paid for those applications.
5
In this regulation —
“the 1981 Regulations” means the Health and Safety (First-Aid) Regulations 1981; and
“first-aid training” and “medical training” have the same meanings as in regulation 21.
Amendment
23
For paragraph (6)(b)(i) of regulation 22 (fee payable by operator) of the Control of Major Accident Hazards Regulations 1999 , substitute —
i
the inspector or authorised person undertaking the investigation submits a report to the Procurator Fiscal for his decision as to whether a prosecution should be brought; or
Revocation
24
1
The Health and Safety (Fees) Regulations 2004 are hereby revoked.
2
Regulation 59 of, and Schedule 10 to, the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 are revoked.
Signed by authority of the Secretary of State
Jane Kennedy
Minister of State
Department for Work and Pensions
11th March 2005


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Pupil Information) (England) Regulations 2005 and shall come into force on 8 July 2005.
2
These Regulations apply to schools in England.
Interpretation
2
In these Regulations —
“the 2002 Act ” means the Education Act 2002 ;
“the associated documents” means the documents published by the Department for Education and Skills and the Qualifications and Curriculum Authority, setting out any national curriculum levels of attainment, attainment targets and programmes of study in relation to each of the foundation subjects, which documents have effect by virtue of the orders made under section 87(3)(a) and (b) of the 2002 Act for the time being in force, for each of those subjects;
“core subjects” means English, mathematics and science;
“curricular record” means a formal record of a pupil’s academic achievements, his other skills and abilities and his progress in school;
“Departmental number” means a reference number unique to each establishment and allocated by use of a formula determined by the Department for Education and Skills;
“external marking agency” means a body nominated by the Qualifications and Curriculum Authority (or by any successor body to that Authority) and approved by the Secretary of State to mark NC tests;
“foundation subjects” means art and design, citizenship, design and technology, geography, history, information and communication technology, a modern foreign language, music, physical education and the core subjects;
“key stage” or references to a particular key stage shall be construed in accordance with section 82 of the 2002 Act;
“maintained school” means a community, foundation or voluntary school or a community or foundation special school other than such a school which is established in a hospital;
“NC attainment targets” means the National Curriculum attainment targets described in the associated documents;
“NC levels of attainment” means the National Curriculum levels of attainment described in the associated documents;
“NC tasks” means the National Curriculum standard tasks administered to pupils pursuant to the statutory arrangements ;
“NC tests” means the National Curriculum tests administered to pupils pursuant to the statutory arrangements ;
“NC test tiers” means the National Curriculum test tiers described in the associated documents;
“personal education plan” means the plan referred to in section 5.16 to 5.26 of the guidance entitled “Guidance on the Education of Children and Young People in Public Care , which a local authority must ensure is provided for every child and young person in their care;
“responsible person” means —
the head teacher of an independent school;
the governing body of any other school; or
the person responsible for the conduct of any further education institution or higher education institution or other place of education or training to which a pupil transfers or may transfer;
“the statutory arrangements” means the assessment arrangements specified by orders made under section 87(3)(c) of the 2002 Act;
“teacher assessment” means assessment of a pupil’s NC level of attainment in a subject by the pupil’s teacher, as specified in the statutory arrangements ;
“unauthorised absence” means any absence from the school for which leave has not been granted by a person authorised in that behalf by the governing body of the school;
“unique pupil number” means a combination of numbers which, together with a letter or letters, are allocated to a pupil by use of a formula determined by the Department for Education and Skills and are particular to that pupil.
Meaning of educational record
3
1
Subject to paragraph (4), in these Regulations “educational record” means any record of information which —
a
is processed by or on behalf of the governing body of, or a teacher at, any school specified in paragraph (2);
b
relates to any person who is or has been a pupil at any such school; and
c
originated from or was supplied by or on behalf of any of the persons specified in paragraph (3),
other than information which is processed by a teacher solely for the teacher’s own use.
2
The schools referred to in paragraph (1)(a) are —
a
any school maintained by a local education authority; and
b
any special school which is not so maintained.
3
The persons referred to in paragraph (1)(c) are —
a
any employee of the local education authority which maintains the school or former school attended by the pupil to whom the record relates;
b
in the case of —
i
a voluntary aided, foundation or foundation special school; or
ii
a special school which is not maintained by a local education authority,
any teacher or other employee at the school or at the pupil’s former school (including any educational psychologist engaged by the governing body under a contract for services);
c
the pupil to whom the record relates; and
d
a parent of that pupil.
4
In addition to the information referred to in paragraph (1), an educational record includes —
a
any statement of special educational needs; and
b
any personal education plan,
relating to the pupil concerned.
5
For the purposes of this regulation, “processed” shall be construed in accordance with the definition of “processing” in section 1(1) of the Data Protection Act 1998 .
Duty to keep curricular records
4
The governing body of every school maintained by a local education authority (other than a nursery school), and of every special school not so maintained, shall keep a curricular record, updated at least once every school year, in respect of every registered pupil at the school.
Disclosure of curricular and educational records
5
1
This regulation applies to the governing body of any school maintained by a local education authority (other than a nursery school) and any special school not so maintained.
2
Subject to paragraph (4), the governing body shall make a pupil’s educational record available for inspection by the parent, free of charge, within fifteen school days of receipt of the parent’s written request for access to that record.
3
Subject to paragraph (4), the governing body shall provide a copy of a pupil’s educational record to the parent, on payment of such fee (not exceeding the cost of supply), if any, as the governing body may prescribe, within fifteen school days of receipt of the parent’s written request for a copy of that record.
4
When complying with a request under paragraph (2) or paragraph (3), a governing body shall not make available for inspection or provide a copy of any information —
a
which they could not lawfully disclose to the pupil himself under the Data Protection Act 1998; or
b
in relation to which the pupil himself would have no right of access under that Act or by virtue of any order made under section 30(2) or section 38(1) of the Act.
5
Subject to paragraph (6), where the pupil is under consideration for admission to another school (including an independent school) or to a further education institution or higher education institution, the governing body shall transfer the pupil’s curricular record to the responsible person, free of charge, within fifteen school days of receipt of the responsible person’s written request for that record.
6
The record supplied under paragraph (5) shall not include the results of any assessment of the pupil’s achievements.
Head teacher’s annual report to parents and adult pupils
6
1
This regulation applies to the head teacher of any school maintained by a local education authority.
2
Subject to paragraphs (3) and (6), prior to the end of the summer term of every school year, the head teacher shall —
a
prepare a head teacher’s report in respect of every registered pupil at the school, containing the information referred to in paragraph (4);
b
provide a copy of each such report to the person specified in paragraph (7)(a) or (b), as the case may be, free of charge; and
c
make arrangements to enable the recipient of the report to discuss its content with the pupil’s teacher, if he so wishes.
3
Paragraph (2) does not apply in relation to any pupil who is to be provided with a school leaver’s report pursuant to regulation 8.
4
Subject to paragraph (5), the head teacher’s report shall include the information specified in Schedule 1.
5
Where the head teacher has asked the external marking agency to review the result of any NC test taken by the pupil but still awaits the outcome of that review, he shall include the original result of the test in his report but indicate that it is provisional.
6
The head teacher may provide the information referred to in paragraph (4) in the form of more than one report, provided that, subject to regulation 7, all such information is provided before the end of the summer term.
7
The persons referred to in paragraph (2)(b) are —
a
in the case of any pupil who is aged 18 or over at the time the head teacher’s report is due to be provided and who is not proposing to leave school by the end of the school year to which the report relates, the pupil himself and, if the head teacher considers there to be special circumstances which make it appropriate, the parent of that pupil;
b
in any other case, the parent of the pupil to whom the report relates.
8
The period to which a head teacher’s report relates shall begin with the later of —
a
the pupil’s date of admission to the school; or
b
the day after the date on which the last report was made pursuant to this regulation (or, as the case may be, made available pursuant to regulation 6 of the regulations revoked by these Regulations).
Late receipt of information
7
1
Where any of the particulars necessary to provide the information referred to in regulation 6 and specified in paragraph (2) are not received by the head teacher until after the end of the summer term, he shall send such information within fifteen school days of receiving it.
2
The information referred to in paragraph (1) is —
a
the results of any public examinations taken;
b
details of any vocational qualifications or credits toward any such qualifications gained;
c
the results of any NC tests taken by the pupil; and
d
the results of any reviews by the external marking agency of any NC tests taken by the pupil.
Head teacher’s report to school leavers
8
1
The head teacher of every maintained school shall prepare a school leaver’s report in respect of any pupil who has ceased to be of compulsory school age and is proposing to or has left the school, containing brief particulars of the pupil’s progress and achievements in subjects and activities forming part of the school curriculum (other than in relation to any public examination or vocational qualification) in the school year during or at the end of which the pupil proposes to or has left school.
2
The head teacher shall provide a copy of the school leaver’s report to the pupil concerned by no later than 30th September following the end of the school year during or at the end of which the pupil left the school.
Transfer of information when a pupil changes school
9
1
In this regulation “common transfer file” means a record of the information set out in Schedule 2.
2
Where this regulation requires information to be transferred in machine readable form, that requirement may be met by transferring the information —
a
subject to paragraph (11), by an e-mail attachment;
b
through an intranet provided for that purpose by or on behalf of a local authority, and for the purposes of this regulation an intranet means a closed network that can only be accessed —
i
by the local education authority,
ii
by or on behalf of a governing body of a school within the area of that authority; or
iii
by a teacher at a school within the area of that authority; or
c
through an internet website or other facility provided for that purpose by or on behalf of the Department for Education and Skills.
3
Subject to paragraphs (6), (7) and (8), when a pupil ceases to be registered at a maintained school (the “old school”) and becomes a registered pupil at another school (the “new school”), the governing body of the old school or, where this has been agreed between that governing body and the local education authority, that authority shall transfer the pupil’s common transfer file and educational record to the responsible person of the new school no later than fifteen school days after the day on which the pupil ceases to be registered at the old school.
4
The common transfer file shall be transferred in machine readable form, except where either the old school or the new school does not have the necessary facilities to send or receive such information in that form.
5
The educational record may be transferred in machine readable form or in paper form or in a combination of both forms.
6
Paragraph (3) shall not apply where it is not reasonably practicable for the governing body of the old school to ascertain the pupil’s new school.
7
The reference to “new school” in paragraph (3) shall include any school in Wales, Scotland or Northern Ireland with effect from 3 October 2005.
8
Where a pupil has been registered at a maintained school for less than four weeks, it shall be sufficient compliance for the purposes of paragraph (3) if the governing body of that school or, where applicable, the local education authority transfers such information and record as they have received under this regulation from the school at which the pupil was previously registered in the form in which it was received by them.
9
For the purposes of paragraph (8), the reference in paragraph (3) to “fifteen school days” shall be a reference to the number of days after the day on which the pupil ceases to be registered at the school in question or to the number of days after the information and record have been received by the governing body of that school, whichever is the later.
10
If the governing body of a pupil’s old school receives a request from the responsible person of the school at which the pupil is currently a registered pupil, either for the pupil’s common transfer file or for any educational record relating to that pupil in the old school’s possession, they shall provide it within fifteen school days of receiving the request.
11
Notwithstanding paragraph (2)(a), information may only be sent by an e-mail attachment up to and including 30 September 2005.
10
The following Regulations are hereby revoked —
a
The Education (Pupil Information) (England) Regulations 2000 ;
b
The Education (Pupil Information) (England) (Amendment) Regulations 2001 ;
c
The Education (Pupil Information) (England) (Amendment) Regulations 2002 ; and
d
The Education (Pupil Information (England) (Amendment) Regulations 2003 .
Jacqui Smith
Minister of State
Department for Education and Skills
24th May 2005


text:
Citation and commencement
1
This Order may be cited as the Norfolk and Suffolk Broads Act 1988 (Alteration of Constitution of the Broads Authority) Order 2005 and shall come into force on 1st June 2005.
Amendments to the Norfolk and Suffolk Broads Act 1988
2
This Order amends the Norfolk and Suffolk Broads Act 1988.
Membership of the Broads Authority
3
Section 1 (the Broads Authority) is amended as follows —
a
for subsection (3)(a), substitute —
a
nine members appointed as follows —
two by Norfolk County Council;
one by Suffolk County Council;
one by Broadland District Council;
one by Great Yarmouth Borough Council;
one by North Norfolk District Council;
one by Norwich City Council;
one by South Norfolk District Council;
one by Waveney District Council;
;
b
For subsection (3)(b), substitute —
b
ten members appointed by the Secretary of State; and
.
Consequential amendments
4
Section 9 (the Navigation Committee) is amended as follows —
a
in subsection (3), for “Six” substitute “Five”;
b
omit subsection (4);
c
in subsection (5) —
i
for “seven” substitute “eight”; and
ii
omit the word “and” immediately preceding subparagraph (e), and after that subparagraph add —
and
f
one shall be appointed after consultation with the Great Yarmouth Port Authority.)
.
5
In section 14 (Authority’s power to make levies on participating authorities), in subsection (10), for “nine” substitute “five”.
Signed on behalf of the Secretary of State
Alun Michael
Minister of State
Department for Environment, Food and Rural Affairs
31st March 2005


text:
Citation and commencement
1
These Regulations may be cited as the Personal Equity Plan (Amendment) Regulations 2005 and shall come into force on 6th October 2005.
Amendment of the Personal Equity Plan Regulations 1989
2
The Personal Equity Plan Regulations 1989 are amended as follows.
3
In regulation 2(1)(a) for the definition of “the Board” substitute —
“the Board” means the Commissioners for Her Majesty’s Revenue and Customs;
.
4
In regulation 6 —
a
in paragraph (2)(a) for the words from “, issued” to the end substitute —
i
issued by a company wherever incorporated,
ii
subject to paragraph (3), officially listed on a recognised stock exchange, and
iii
in circumstances where the shares in question satisfy the condition specified in paragraph (13), or were held under the component on 6th October 2005;
;
b
for paragraph (2)(b)(ii) substitute —
ii
where the securities in question satisfy —
a
at least one of the conditions specified in paragraph (5),
b
the condition specified in paragraph (6), and
c
the condition specified in paragraph (13), or the condition that they were held under the component on 6th October 2005, and
;
c
in paragraph (12) after “sub-paragraphs” insert “(a), (b),”.
5
In regulation 24A(3)(a) after paragraph (ii) insert —
iia
government securities falling within regulation 6(2)(c), (d) or (e);
.
Joan Ryan
Vernon Coaker
Two of the Lords Commissioners of Her Majesty’s Treasury
14th September 2005