Joint Committee on Statutory Instruments Thirteenth Report


Memorandum by the Department of the Environment, Transport and the Regions


  1. The basis for the calculation of the fees fixed or determined under the Regulations is that the full cost of each service to industry is recovered.

  2. These regulations change the levels of fee fixed or determined in the Health and Safety (Fees) Regulations 1996 (S.I. 1996 No. 2791) which are a result of the review of timings and the full cost of the work involved. As a result of this year's review, there are some fees which show an increase above the rate of inflation, while elsewhere, a reassessment of the work involved and the grade mix or time needed has meant that fees have been kept at the current level.

  3. The most significant of these changes are as follows:

    (i)   Schedule 9 Part V (fee for classification of an explosive): It has been decided to charge one fee in future which will incorporate the administrative work required to deal with the application and any work required by Specialist Inspectors. At present, a fixed fee is payable upfront and the company is invoiced separately for the Specialist Inspector's input. HSE's Explosives Unit have used the information from their work recording system to more accurately cost this service and secure full cost recovery;

    (ii)   Schedule 12 (fees relating to the notification of genetically modified organisms): HSE's work recording system has been able to more accurately attribute costs to each of the notifications while also ensuring full cost recovery. The present system is difficult for Industry to understand. The difference between type a and b notifications is one standard letter, but different fees are charged, leading to cheques being returned to Industry for cancelling and re-issue. One fee is representative of the work involved for both types of notification;

    (iii)   Schedule 8 (groups I, II and III): the system for approval of dosimetry services has changed. More administrative work is now required as well as input from a Band 2 Nuclear Inspector. There are also some presentational changes to schedule 8 rather than changes of substance;

    (iv)   Schedule 9 Part 1 (factory/magazine licence): one extra hour has been included for travelling time incurred by a band 2 Specialist Inspector, as this is a more accurate representation of the time taken. However, due to improved working practices, one and a half hours work previously undertaken by a Specialist Inspector, is now carried out by administrative staff. This saving of approximately £35 will be offset against the rise in the fixed fee;

    (v)   Schedule 1 Part 1 (mines and quarries): the cost of typing/secretarial support has been included as a legitimate overhead attached to a Band 1 Mines Inspector.

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