United Kingdom Statutory Instruments

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



Grade of Officer	Amount per hour
	£
Junior Engineer/Junior Metrologist	45.00
Engineer/Metrologist	70.00
Senior Engineer/Senior Metrologist	90.00
Assistant Director/Director	120.00


(b) any travelling costs reasonably incurred by reason of any part of the service taking place at a place other than the National Weights and Measures Laboratory of the Department of Trade and Industry;

(c) any other additional expense, other than as specified elsewhere in these Regulations, incurred by or occasioned to the Secretary of State directly related to the provision of the relevant service.

(a) a variable fee (as defined in regulation 3(1) and calculated in accordance with Schedule 1) comprising an amount per officer for the time spent by that officer in providing the relevant service (depending upon the appropriate amount per hour for the grade of officer involved as set out in Schedule 1), travelling costs reasonably incurred and any other additional expense not falling within (b) or (c) below directly related to the provision of the relevant service;

(b) except in the case of regulation 6 (designation and inspection of approved bodies), an amount in respect of any use of specified equipment; and

(c) an amount in respect of any use of third parties by the Secretary of State in connection with the provision of the relevant service.

Instead of the arrangements for invoices and payments monthly in arrears (or, in the case of fixed fees, on completion of the service) in the former Regulations, these Regulations provide that an estimate of the fee shall be provided by the Secretary of State on receipt of an application for services, with an invoice being served and payment being due on completion of the relevant service (regulation 9).

Compared with the fixed hourly rate of £80 per hour (£75 per hour where regulation 9(5) of the Non-automatic Weighing Instruments Regulations 2000 (the 2000 principal Regulations) applies - inspection of approved bodies) in the former Regulations, an hourly rate respectively of £45, £70, £90, and £120, as prescribed in Schedule 1 of these Regulations, will result in the possibility of a saving of £35 or £10 (£30 or £5) respectively per hour or an increase of £10 or £40 (£15 or £45) per hour depending on the grade of officer who provides the relevant service. Whilst these revisions take into account inflation which has occurred since the former Regulations were last amended in 2003, the changes also reflect more accurately the grade of the officer providing the relevant service. It is anticipated that the services will mainly be provided by officers of the lower grades and the higher grade officers will only be involved in providing services where more complex issues are involved. The charging of amounts described in paragraph 2(b) and (c) above will be dependent upon the circumstances of each case. The hourly rate for use of an environmental test chamber (£15) or for testing for electromagnetic compatibility (£60) are the same as under the former Regulations.

Under the former Regulations, a fixed fee of £52, £130 or £260 was payable in certain circumstances, but it is not possible to draw a direct comparison between the circumstances in which a fixed fee was payable under the former Regulations with the revised charging arrangements in these Regulations.

Revised definitions are provided in regulation 3 and regulation 3(2) provides that the services referred to in regulations 4 and 5 of these Regulations are those services mentioned or referred to in Schedule 2 to these Regulations. The services referred to in regulations 6 to 8 of these Regulations are services provided in relation to Directive 90/384/EEC (to which reference is made in the relevant provisions of the 2000 principal Regulations referred to in regulations 6 to 8 of these Regulations).

A regulatory Impact Assessment has not been prepared for the purposes of these Regulations. Further, since the prescription of fees to be charged in these circumstances are ancillary arrangements to the implementation of the relevant Directives, a transposition note is not required.

The variable fee arrangements in these Regulations will enable applicants to be provided with more accurate estimates, whilst ensuring recovery by the Secretary of State of the actual cost of services provided. The revised arrangements for estimates, invoices and payments will provide the flexibility required by both parties.