The Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2017

• Citation: S.I. 2017/404
• Sections: 5

Section 1 Citation and commencement

These Regulations may be cited as the Pollution Prevention and Control (Fees) (Miscellaneous Amendments) Regulations 2017 and come into force on 6th April 2017.

Section 2 Amendment of the Offshore Chemicals Regulations 2002

Regulation 8 of the Offshore Chemicals Regulations 2002 is amended as follows.

(1) In regulation 8(2)(f), omit “and”.

(2) In regulation 8(2)(g)—

(a) after “release”, insert “or discharge”; and

(b) for the comma, substitute “; and”.

(3) After regulation 8(2)(g), insert—

(h) the provision of advice in respect of—

(i) an application or potential application for the grant or renewal of a permit;

(ii) an application or potential application for the variation of a permit or the conditions to which it is subject, or a review of a permit and its conditions;

(iii) a request or potential request for the Secretary of State’s consent to the transfer of a permit;

(iv) the revocation or surrender of a permit;

(v) the testing or analysis of substances;

(vi) the validating of, or of the results of, any testing or analysis of substances; and

(vii) assessing how the environment might be affected by the release or discharge into it of any substances,

(4) In regulation 8(2), after “the matters referred to in sub-paragraphs (e) to (g)”, insert “and (h)(v) to (h)(vii)”.

Section 3 Amendment of the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005

Regulation 6 of the Offshore Petroleum Activities (Oil Pollution Prevention and Control) Regulations 2005 is amended as follows.

(1) In regulation 6(2)(g), omit “and”.

(2) In regulation 6(2)(h)—

(a) after “release”, insert “or discharge”; and

(b) for the comma, substitute “; and”.

(3) After regulation 6(2)(h), insert—

(i) the provision of advice in respect of—

(i) an application or potential application for the grant or renewal of a permit;

(ii) a review, or an application or potential application for a review, of a permit or the conditions to which it is subject;

(iii) a request or potential request for the Secretary of State’s consent to the transfer of a permit;

(iv) the revocation or surrender of a permit;

(v) the testing or analysis of substances;

(vi) the validating of, or of the results of, any testing or analysis of substances; and

(vii) the assessment of the effect upon the environment of the release or discharge into it of any oil,

(4) In regulation 6(2), after “the matters referred to in sub-paragraphs (f) to (h)”, insert “and (i)(v) to (i)(vii)”.

Section 4 Amendment of the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015

The Pollution Prevention and Control (Fees) (Miscellaneous Amendments and other Provisions) Regulations 2015 are amended as follows.

(1) For regulation 4(2)(aa)(i)(aa), substitute—

(aa) Article 2 (labelling format) of Commission Regulation 2015/2068, or

(2) Omit regulation 4(2)(b)(iii) to (vii), and insert—

(iii) Commission Regulation 1497/2007,

(iv) Commission Regulation 1516/2007,

(v) Commission Regulation 304/2008,

(vi) Commission Regulation 306/2008,

(vii) Commission Regulation 2015/2066,

(viii) Commission Regulation 2015/2067, and

(ix) Commission Regulation 2015/2068.

(3) In regulation 4(3)(a), omit “and”.

(4) Omit regulation 4(3)(b), and insert—

(b) “the 2014 Regulation”, “Commission Regulation 1497/2007”, “Commission Regulation 1516/2007”, “Commission Regulation 304/2008”, Commission Regulation 306/2008”, “Northern Ireland offshore installations” and “offshore installations” have the meanings given in the 2015 Regulations;

(c) “Commission Regulation 2015/2066” means Commission Implementing Regulation ( EU ) 2015/2066 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of natural persons carrying out installation, servicing, maintenance, repair or decommissioning of electrical switchgear containing fluorinated greenhouse gases or recovery of fluorinated greenhouse gases from stationary electrical switchgear ;

(d) “Commission Regulation 2015/2067” means Commission Implementing Regulation (EU) 2015/2067 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, minimum requirements and the conditions for mutual recognition for the certification of natural persons as regards stationary refrigeration, air conditioning and heat pump equipment, and refrigeration units of refrigerated trucks and trailers, containing fluorinated greenhouse gases and for the certification of companies as regards stationary refrigeration, air conditioning and heat pump equipment, containing fluorinated greenhouse gases ; and

(e) “Commission Regulation 2015/2068” means Commission Implementing Regulation (EU) 2015/2068 establishing, pursuant to Regulation (EU) No 517/2014 of the European Parliament and of the Council, the format of labels for products and equipment containing fluorinated greenhouse gases .

(5) After regulation 5A, insert—

Fees relating to offshore undertakings: Energy Savings Opportunity Scheme Regulations 2014

(5B)

(1) This regulation applies where the Secretary of State’s functions referred to in paragraph (2) are in respect of an offshore undertaking, or a participant for which it has been agreed that the Secretary of State will act as the compliance body in accordance with regulation 6(2) of the ESOS Regulations.

(2) The Secretary of State may charge fees, calculated in accordance with regulation 7, in respect of monitoring compliance with the requirements of the ESOS Regulations.

(3) In this regulation—

(a) “the ESOS Regulations” means the Energy Savings Opportunity Scheme Regulations 2014 ;

(b) “compliance body”, “offshore undertaking” and “participant” have the meanings given in the ESOS Regulations; and

(c) “Secretary of State” means the Secretary of State for Business, Energy and Industrial Strategy.

Section 5 Amendment of the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015

After regulation 13 of the Offshore Petroleum Licensing (Offshore Safety Directive) Regulations 2015 , insert—

Fees

(13A)

(1) The Secretary of State may charge fees in relation to the Secretary of State’s functions as competent authority in respect of—

(a) providing advice in accordance with the competent authority’s functions as a consultee under regulations 3(1)(b) and 5(3); and

(b) monitoring compliance with an offshore licensee’s obligations—

(i) under regulation 9(a), in relation to its liabilities under regulation 10; and

(ii) under regulation 9(c) and (d), including notifying the licensing authority of any determination, and the reasons for it, under regulation 7.

(2) A fee charged under paragraph (1) is ( A × B ) + ( C × D ) where—

A is the number of hours work carried out by specialist officers;

B is £168;

C is the number of hours work carried out by non-specialist officers; and

D is £82.

(3) For the purposes of paragraph (2), the number of hours work may be expressed as a fraction where—

(a) less than one hour’s work has been carried out; or

(b) the total amount of time worked is more than one hour but cannot be expressed as a whole number in hours.

(4) In this regulation “specialist officers” means persons engaged on behalf of the Secretary of State to carry out the functions of the Secretary of State referred to in paragraph (1) and “non-specialist officers” means any other persons engaged on behalf of the Secretary of State to provide administrative support to specialist officers.