Contents
1Citation and commencement#
These Regulations may be cited as the Biocidal Products (Fees and Charges) Regulations (Northern Ireland) 2015 and shall come into operation on 1st July 2015.
2Interpretation#
(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;• “the Executive” means the Health and Safety Executive for Northern Ireland.
(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 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
3Functions 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.
4Fees#
(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 the Schedule; 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.
(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 per person specified in column 2 of the Table in the Schedule that corresponds to the activity listed in column 1.
(9)The daily rate per person 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.
5Revocations and savings provisions#
(1)The Biocidal Products (Fees and Charges) Regulations (Northern Ireland) 2013 are revoked.
(2)Despite the revocation of the Biocidal Products (Fees and Charges) Regulations (Northern Ireland) 2013 by paragraph (1), regulation 9 (2) of those Regulations continues to have effect for the purpose set out in that provision.
Schedule · Activities in respect of which a fee is payable and daily rate
Contains public sector information licensed under the Open Government Licence v3.0.