Statutory Instruments
2010 No. 554
Fees And Charges
Health And Safety
The Blood Safety and Quality (Fees Amendment) Regulations 2010
Made
25th February 2010
Laid before Parliament
4th March 2010
Coming into force
1st April 2010
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972( 1 ) and section 56(1) and (2) of the Finance Act 1973( 2 ).
The Secretary of State has been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to health protection measures regulating the use of material of human origin( 3 ).
The Treasury has consented to the making of these Regulations as required by section 56(1) of the Finance Act 1973.
Citation, commencement and interpretation
1. β(1) These Regulations may be cited as the Blood Safety and Quality (Fees Amendment) Regulations 2010 and shall come into force on 1st April 2010.
(2) In these Regulations, βthe principal Regulationsβ means the Blood Safety and Quality Regulations 2005( 4 ).
Amendment of regulation 22 of the principal Regulations
2. β(1) Regulation 22 of the principal Regulations (fees) is amended as follows.
(2) In paragraph (2)β
(a) in sub-paragraph (a), for βΒ£3,044β substitute βΒ£3,074β;
(b) in sub-paragraph (b), for βΒ£513β substitute βΒ£518β; and
(c) in sub-paragraph (c), for βΒ£458β substitute βΒ£463β.
(3) In paragraph (2A)(b), for βΒ£487β substitute βΒ£492β.
(4) In paragraph (3)β
(a) in sub-paragraph (a), for βΒ£2,557β substitute βΒ£2,583β; and
(b) in sub-paragraph (b), for βΒ£1,279β substitute βΒ£1,292β.
(5) In paragraph (3A), for βΒ£676β substitute βΒ£683β.
(6) In paragraph (3C)(c), for βΒ£487β substitute βΒ£492β.
(7) In paragraph (5)β
(a) in sub-paragraph (a), for βΒ£2,557β substitute βΒ£2,583β; and
(b) in sub-paragraph (b), for βΒ£1,279β substitute βΒ£1,292β.
(8) In paragraph (5B)β
(a) in sub-paragraph (a), for βΒ£2,557β substitute βΒ£2,583β; and
(b) in sub-paragraph (b), for βΒ£1,279β substitute βΒ£1,292β.
(9) In paragraph (5C)β
(a) in sub-paragraph (a), for βΒ£2,557β substitute βΒ£2,583β; and
(b) in sub-paragraph (b), for βΒ£1,279β substitute βΒ£1,292β.
(10) Before paragraph (6) insertβ
β (5E) The fee payable by a blood establishment or a person who is responsible for the management of a hospital blood bank who gives a notification under regulation 12(1) of its desire to make written representations to, or appear before and be heard by, a person appointed by the Secretary of State, is Β£10,000.
(5F) The Secretary of State will refund to that personβ
(a) 60% of that fee if the person withdraws the notification two weeks before the commencement of the hearing before the person appointed;
(b) 100% of that fee if, in respect of the hearing before a person appointed, the decision notified by the Secretary of State isβ
(i) not to suspend or revoke, as the case may be, the authorisation pursuant to regulation 5;
(ii) to withdraw any notice served pursuant to regulation 4(8), 5 or 11; or
(iii) to overturn the refusal of authorisation or the imposition of any condition pursuant to regulation 4(5). β .
(11) After paragraph (7)(iib) insertβ
β (iic) the fee payable pursuant to paragraph (5E) shall be payable at the time the notification is given; β .
(12) In paragraph (9), for βThe Secretary of Stateβ substitute βSave in respect of the fee payable under paragraph (5E), the Secretary of Stateβ.
Signed by authority of the Secretary of State for Health
Mike OβBrien
Minister of State,
Department of Health
22nd February 2010
We consent
Tony Cunningham
Steve McCabe
Two of the Lords Commissioners of Her Majestyβs Treasury
25th February 2010
1972 c.68 . Under section 57(1) of the Scotland Act 1998 (c.46) , despite the transfer to Scottish Ministers of functions in relation to implementing obligations under European Union law in relation to devolved matters, the functions of the Secretary of State in relation to implementing these obligations continues to be exercisable by the Secretary of State as regards Scotland.
S.I. 2005/50 , as amended by S.I. 2005/1098 , 2532 and 2898 , 2006/2013 , 2007/604 , 2008/525 and 941 and 2009/372 and 3307 .
OJ No. L33, 8.2.2003, p.30 to which amendments have been made by Regulation (EC) No. 596/2009 of the European Parliament and of the Council (OJ No. L188, 18.7.2009, p.14).
Commission Directive 2004/33/EC (OJ No. L91, 30.3.2004, p.25), Commission Directive 2005/61/EC (OJ No. L256, 1.10.2005, p.32) and Commission Directive 2005/62/EC (OJ No. L256, 1.10.2005, p.41).