Citation and commencement

1. These Regulations may be cited as the Measuring Instruments (EEC Requirements) (Fees) (Amendment) Regulations 2010 and come into force on 6th April 2010.

Amendment of the Measuring Instruments (EEC Requirements) (Fees) Regulations 2004

2. —(1)The Measuring Instruments (EEC Requirements) (Fees) Regulations 2004( 3 ) are amended as follows.

(2) For paragraph (3) of regulation 3 (interpretation), substitute—

“ (3) In calculating a variable fee—

(a) in the case of a service to which any of the regulations specified in Table 1 in Schedule 1 relates, each period of time taken by each officer involved in carrying out that service shall be counted separately, and the total for each officer aggregated, and shall be divided into complete periods of 15 minutes, with any remaining period of 7.5 minutes or more but less than 15 minutes being counted as a complete period of 15 minutes, and any remaining period of less than 7.5 minutes being disregarded; or

(b) in the case of a service to which any of the regulations specified in Table 2 in Schedule 1 relates, each period of time taken by each officer involved in carrying out that service on work of a specified type shall be counted separately, and the total for each officer aggregated, and shall be divided into complete periods of 15 minutes, with any remaining period of 7.5 minutes or more but less than 15 minutes being counted as a complete period of 15 minutes, and any remaining period of less than 7.5 minutes being disregarded. ” .

(3) In regulations 7 (fees relating to the grant of an EC type-approval certificate), 8A (fees relating to the approval of a manufacturer’s quality system and the carrying out of EC surveillance) and 8B (fees relating to assessment of applications for certificates or notifications), after “payable in accordance with regulation 9” insert “,9A or 9B, as the Secretary of State shall, in the Secretary of State’s sole discretion, determine.”.

(4) In regulation 9 (timing of payment of fees)—

(a) for the heading, substitute “Payment of fees on completion”; and

(b) for paragraph (1), substitute—

“ (1) On receipt of an application for a service—

(a) to which regulation 4, 5, 6 or 8 applies; or

(b) to which—

(i) regulation 7, 8A, or 8B applies; and

(ii) in relation to which, the Secretary of State has determined that the amount of the fee referred to in regulation 7, 8A, or 8B, as the case may be, shall be due and payable in accordance with this regulation,

the Secretary of State shall estimate the total amount to be payable in accordance with these Regulations in respect of that application and shall notify the applicant of the amount so estimated. ” .

(5) After Regulation 9 insert—

“ 9A. — Payment of fees in advance

(1) On receipt of an application for a service—

(a) to which regulation 7, 8A or 8B applies; and

(b) in relation to which the Secretary of State has determined that the amount of the fee referred to in regulation 7, 8A or 8B, as the case may be, shall be due and payable in accordance with this regulation,

the Secretary of State shall estimate the total amount to be payable in accordance with these Regulations in respect of that application and shall notify the applicant of the amount so estimated.

(2) The amount so estimated shall be paid by the applicant before the commencement of the relevant service.

(3) If, on completion of the relevant service, the actual amount owed to the Secretary of State exceeds the amount paid by the applicant in accordance with paragraph (2), the Secretary of State shall serve an invoice on the applicant for the amount of the excess, which shall then be due and payable to the Secretary of State.

(4) If, on completion of the relevant service, the amount paid by the applicant in accordance with paragraph (2) exceeds the actual amount owed to the Secretary of State, the amount of the excess shall then be due and payable by the Secretary of State to the applicant.

9B. — Payment of fees in instalments

(1) On receipt of an application for a service—

(a) to which regulation 7, 8A, or 8B applies; and

(b) in relation to which the Secretary of State has determined that the amount of the fee referred to in regulation 7, 8A or 8B, as the case may be, shall be due and payable in accordance with this regulation,

the Secretary of State shall estimate the total amount to be payable in accordance with these Regulations in respect of that application, notify the applicant of the amount so estimated and divide the amount so estimated in accordance with an instalment plan agreed with the applicant.

(2) On completion of each instalment of the relevant service, the Secretary of State shall serve an invoice on the applicant for the actual amount owed to the Secretary of State in relation to that instalment, which shall then be due and payable to the Secretary of State. ” .

(6) In Schedule 1 (calculation of variable fee)—

(a) for paragraph (a) substitute—

“ (a) an amount per officer for the time spent in providing the service, calculated in accordance with the following table—

(aa) an amount for the time spent in providing the service on work of a specified type, calculated in accordance with the following table—

(b) in paragraph (b)—

(i) at the beginning insert “with the exception of any service taking place within Great Britain to which regulation 8A or 8B(1)(c) relates,”; and

(ii) for “the Department for Innovation, Universities and Skills”, substitute “the Department for Business, Innovation and Skills”.