The Biocidal Products (Fees and Charges) Regulations (Northern Ireland) 2013
|Document Number:||2013 No. 207|
Statutory Rules of Northern Ireland
Health And Safety
2 nd August 2013
Coming into operation
1 st September 2013
The Department of Enterprise, Trade and Investment (“the Department”)(1) , is designated(2) for the purposes of section 2(2) of the European Communities Act 1972 (“the 1972 Act”)(3) in relation to the notification and control of substances and to measures relating to biocides.
The Department, being the Department concerned(4) , makes the following Regulations in exercise of the powers conferred by section 2(2) of the 1972 Act(5) and Articles 40(2) and (4) , and 55(2) of the Health and Safety at Work (Northern Ireland) Order 1978(6) (“the 1978 Order”).
The Regulations give effect without modifications to proposals submitted to the Department by the Health and Safety Executive for Northern Ireland under Article 13(1 A) of the 1978 Order(7).
Citation and commencement
These Regulations may be cited as the Biocidal Products (Fees and Charges) Regulations (Northern Ireland) 2013 and shall come into operation on 1 st September 2013.
Application within the territorial sea
Within the territorial sea these Regulations shall apply only to and in relation to the premises and activities to which any of paragraphs 2 to 9 of Schedule 2 applies.
—(1) In these Regulations—
“the Biocides Regulation” means Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products(8);
“the competent authorities in Great Britain” means any of the competent authorities appointed by regulation 5 of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013(9);
“the Executive” means the Health and Safety Executive for Northern Ireland;
“the Great Britain Regulations” means the Biocidal Products (Fees and Charges) Regulations 2013(10);
“liability period” means—
the period beginning on 1 st September 2013 and ending on 31 st March 2014; or
from 1 st April 2014 , the period beginning on 1 st April and ending on 31 st March the following year; and
“territorial sea” means the territorial sea of the United Kingdom adjacent to Northern Ireland and “within the territorial sea” includes on, over and under it.
(2) Expressions used in both these Regulations and the Biocides Regulation have the same meaning in these Regulations as they have in the Biocides Regulation.
(3) The Interpretation Act (Northern Ireland) 1954(11) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
Functions of the Member State
The functions of the Member State referred to in Article 80(2) of the Biocides Regulation are to be performed by the Executive.
—(1) The Executive shall charge fees for—
(a) work it carries out within the scope of the Biocides Regulation which relates to the activities listed in column 1 of the Table in Schedule 1; and
(b) work it carries out in order to evaluate an application under regulation 12 of the Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2013(12).
(2) Any fee payable under paragraph (1) shall be calculated in accordance with paragraphs (3) to (9).
(3) Where a fee is payable under paragraph (1) , the Executive shall prepare and send to the applicant, the person providing the information or the person making the request, as the case may be, an estimate of the cost of the work.
(4) The person to whom the estimate of costs specified in paragraph (3) is sent by the Executive must pay to the Executive the amount of that estimate within 30 days of its issue.
(5) Upon completion of the work, the Executive shall prepare a detailed statement of the work carried out and of the cost incurred by the Executive or any person acting on its behalf in carrying out that work.
(6) If the cost referred to in paragraph (5) is greater than the amount estimated in accordance with paragraph (3) , the Executive shall notify the amount of difference to the applicant, the person providing the information or the person making the request as the case may be, who shall pay the amount of the difference, which will be the final fee payable, without delay.
(7) If the cost referred to in paragraph (5) is less than the amount estimated in accordance with paragraph (3) , the fee shall be adjusted accordingly and the amount of difference shall be paid without delay by the Executive to the applicant, the person providing the information or the person making the request, as the case may be.
(8) Subject to paragraph (9) , in estimating or stating the cost of carrying out any work, the Executive shall determine that cost by reference to the daily rate specified in column 2 of the Table in Schedule 1 that corresponds to the activity listed in column 1.
(9) The daily rate shall be adjusted pro rata for a period worked of less than 7.4 hours on any one day by—
(a) dividing the daily rate by 14.8 to create a half hourly rate; and
(b) multiplying that figure by the number of half hours worked, rounded up or down to the nearest half hour.
(10) Any unpaid fees may be recovered by the Executive as a civil debt.
—(1) In respect of a given liability period a charge shall be payable to the Executive on invoice by anyone placing one or more biocidal products on the market.
(2) The charge referred to in paragraph (1) shall be in respect of any costs incurred by, or on behalf of—
(a) the Executive, in Northern Ireland; and
(b) the competent authorities in Great Britain,
associated with making biocidal products available on the market, but shall not include any costs in respect of which a fee is payable under regulation 5.
(3) If a person (“P”) pays the annual fee under Article 80(1)(a) of the Biocides Regulation in respect of all biocidal products that P places on the market, P shall not be liable to pay the charge referred to in paragraph (1).
(4) No payment shall be required from a person liable to pay the charge referred to in paragraph (1) where that person has made a payment in respect of the same liability to any of the competent authorities under the Great Britain Regulations.
(5) The Executive may exclude anyone from the requirement to pay a charge where it decides that it would not be fair to collect that charge.
(6) Where a person becomes liable to pay a charge in accordance with paragraph (1) at any time during the liability period, that person will be liable...
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