(2) Any fees payable under regulations 15 to 17 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(29).

(3) For the purposes of regulation 15 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(30) and in Scotland if it is in the Scottish area within the meaning of that article.

(4) Any reference in regulation 15 to a person who has prepared a current safety case includes a reference to —

(a) a person who is required to prepare a safety case, and in that connection as if any reference in that regulation to the installation to which the current safety case relates were a reference to the installation to which the safety case would have related if it had been prepared in accordance with such requirement; and

(b) a person who is treated as having prepared a current safety case by virtue of regulation 2(9) of the 2005 Regulations.

(5) Any reference in regulation 16 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 any reference in that regulation to the network to which the safety case relates were a reference to the network to which the safety case would have related if it had been prepared in accordance with such requirement.

(6) Any reference in regulations 15 to 17 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 15 to 17 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

19.—(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(31).

(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 in Schedule 15; 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 1 in Schedule 15.

(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 in Schedule 15 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 in Schedule 15.

(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 in Schedule 15.

(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

20.—(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(32).

(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 in Schedule 16;

(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 in Schedule 16, 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 in Schedule 16, 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 in Schedule 16, 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 in Schedule 16.

(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 in Schedule 16, 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 19 and 20

21.—(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 £168 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 £56 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 £56 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 £168 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 £56 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 £168 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 £224 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 20.

Amendment of the Control of Major Accident Hazard Regulations 1999

22.—(1) In regulation 22 of the Control of Major Accident Hazards Regulations 1999(33) after paragraph (2), insert —

“(2A) Subject to paragraph (2B), a fee shall be payable to the Executive by an operator of an establishment who is required to prepare a safety report pursuant to regulation 7 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 one or more than one of the following—

(a) that operator or owner in relation to the installation to which the current safety case relates; or

(b) a contractor in relation to any work carried out by him on or in connection with that installation.

(2B) Paragraph 2A does not apply in the case of an establishment where the presence of the dangerous substance at the establishment is, in the opinion of the Executive, for a purpose ancillary to the main activity at the establishment.”

(2) In paragraph (3) for “paragraphs (1) and (2)” substitute “paragraphs (1), (2) and (2A)”.

(3) After paragraph (7) insert—

“(8) In this regulation any reference 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 this regulation, whether pursuant to an agreement or an arrangement he has made with that person or with another person.”.

Revocation

23.  The Health and Safety (Fees) Regulations 2007(34) and the Health and Safety (Fees) (Amendment) Regulations 2007(35) are revoked.