v.5 
 
D R A F T  S T A T U T O R Y  I N S T R U M E N T S  
2022 No.  
EXITING THE EUROPEAN UNION  
ENVIRONMENTAL PROTECTION  
 
The Hazardous Substances  (Legislative Functions) (Fees ) (EU 
Exit) Regulations 202 2  
Made  - - - - *** 
Coming into force  in accordance with regulation 1  *** 
The Secretary of State makes these Regulations  in exercise of the powers conferred by section 8(1) 
of, and paragraph 1  of Schedule 4 to , the European Union (Withdrawal) Act 2018 (a). 
The Treasury has consent ed to the making of these Regulations as required by paragraphs 3 (1) and 
10 of Schedule 4 to the European Union (Withdrawal) Act 2018.  
In accordance with paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a 
draft of this instrument has been laid before Parliament and approved by resolu tion of each House 
of Parliament.  
Citation, commencement and extent  
1.—(1) These Regulations may be cited as the Hazardous Substances (Legislative Functions) 
(Fees ) (EU Exit) Regulations 2022 . 
(2) These Regulations come into force on 6th April 2023 . 
(3) These Regulations extend to England and Wales and Scotland.  
Interpretation  
2. In these regulations — 
“application” means an application for the granting, renewal or revocation of an exemption 
under regulation 6 of  the 2020 Regulations;  
“the 2020 Regulations” mean the Hazardous Substances and Packaging (Legislative Functions 
and Amendment) (EU Exit) Regulations 2020( b). 
Fees 
3.—(1) Subject to paragraph ( 6), the Secretary of State may charge a person who makes an 
application a fee.   
 
(a) 2018 c.16, amended by the European Union (Withdrawal Agreement) Act 2020 (c.1).  
(b) S.I. 2020/1647 .  2 (2)  The amount of the fee payable under paragraph (1) is — 
(a) £39,721 ; or 
(b) where the Secretary of State has published a charging scheme under regulation 4, the fee 
or fees set out in, or calcu lated in accordance with, that scheme.  
(3) The fee  is payable when the application is made to the Secretary of State.  
(4) The Secretary of State is under no obligation to process or to issue a determination in respect 
of an outstanding application if there are ou tstanding fees in relation to it.  
(5) Any unpaid fee may be recovered by the Secretary of State as a civil debt . 
(6) No fee is payable in respect of an application to which regulations 9 or 10 of the 2020 
Regulations apply.  
Charging scheme  
4.—(1) The Secretary of State may , with the consent of the Treasury,  publish a document 
(“charging scheme”) setting out the fee or fees payable in accordance with regulation 3 or how the 
fee or fees  will be calculated.  
(2) Before publishing a charging scheme, the  Secretary of State  must — 
(a) bring the proposals for a charging scheme to the attention of the persons likely to be 
affected by them;  
(b) specify the period within which representations or objections to the proposals may be made ; 
(c) consider any representations or objections made under paragraph (2)(b) ; and 
(d) make such modifications to the proposal s as the Secretary of State considers appropriate.  
(3) If the Secretary of State proposes to revise a charging scheme in a material way, paragraph (2) 
applies to the revised cha rging scheme.  
(4) A charging scheme may —  
(a) make different provision for different cases, including different provision in relation to 
different persons  or circumstances;  
(b) provide for the times at which, and the manner in which, the fees prescribed by the scheme  
are to be paid;  
(c) revoke or amend any previous charging scheme;  
(d) contain supplemental, incidental, consequential or transitional provision for the purposes 
of the scheme . 
Refund of fees  
5.—(1) This regulation applies where — 
(a) an application for which a fee is payable under or in accordance with these Regulations is 
withdrawn before being determined; or  
(b) the fee paid under or in accordance with these Regulations for an application has exceeded 
the reasonable costs incurred by the Secretary of State in connection with that application.  
(2) The Secretary of State must refund such proportion of the fee paid in respect of an application 
as the Secretary of State thinks fit, having regard to any reasonable costs incurred by the Secretary 
of State in connection with that application.  
 
 
 
 
 Name  
 Parliamentary Under Secretary of State  
Date  Department  for Environment, Food and Rural Affairs   3  
 
 
We consent  
 
 Name  
 Name  
 Two of the Lords Commissioners of Her Majesty’s Treasury  
Date   
 
EXPLANATORY NOTE  
(This note is not part of these Regulations)  
These Regulations make provision for the charging of fees in connection with the exercise of a 
function conferred on the Secretary of State by the Hazardous Substances and Packaging 
(Legislative  Functions and Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1647)  (“the 2020 
Regulations”).  
In particular, the introduction of fees payable to the Secretary of State for determin ing applications 
made under regulation 6 of the 2020 Regulations  for the granting, renewal or revocation of an 
exemption  from the restriction in regulation 3(1) of the Restriction of the Use of Certain Hazardous 
Substances in Electrical and Electronic Equipment Regulations 2012  (S.I. 2012/3032)  (“the 2012 
Regulations”) .  
The fees provided for by regulation 3 are payable by manufacturer s, the authorised representative 
of manufacturer s, or any economic operator in the supply chain  within the meaning of the 2012 
Regulations.  
The fee levels provide d for in this instrument represent  full cost recovery  of fees . 
An impact assessment has not been produced for this instrument as no negative impact on the costs 
of the private or voluntary sectors is foreseen.