PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - CHAPTER 360A PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - LONG TITLE Empowering section VerDate:18/04/2008 PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS (6 of 2008 s. 31) (Cap 360 section 47) [1 January 1981] (L.N. 236 of 1980) ___________________________________________________________________________ ______________ Note: These regulations were amended by Part 2 of the Construction Industry Levy (Miscellaneous Amendments) Ordinance 2004 (3 of 2004). The transitional provisions contained in section 40 of Part 4 of that Amendment Ordinance read as follows- "40. Transitional provisions relating to Part 2 (1) Notwithstanding anything contained in Part 2 of this Ordinance, and in addition to and without derogating from section 23 of the Interpretation and General Clauses Ordinance (Cap 1), the amendments effected under this Ordinance shall not apply to any construction works if, before the commencement date- (a) the tender for the construction works has been submitted to the employer concerned; (b) no tender for the construction works has been submitted to the employer concerned, but a construction contract in respect of the construction works has been entered into; or (c) no tender for the construction works has been submitted to the employer concerned and no construction contract in respect of the construction works has been entered into, but the construction works have been commenced. (2) For the purposes of this section- *"commencement date" (生效日期) means the day appointed under section 1(3) of this Ordinance as the day on which Part 2 of this Ordinance comes into operation; "construction works" (建造工程) has the same meaning as in section 2(1) of the pre-amended Ordinance; "employer" (僱主) has the same meaning as in section 2(1) of the pre-amended Ordinance; "pre-amended Ordinance" (未經修訂條例) means the Pneumoconiosis (Compensation) Ordinance (Cap 360) at any time in force before the commencement date.". * Commencement date: 1 June 2004. PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 360 section 47) [1 January 1981] (L.N. 236 of 1980) _________________________________________________________________________ Note: These regulations were amended by Part 2 of the Construction Industry Levy (Miscellaneous Amendments) Ordinance 2004 (3 of 2004). The transitional provisions contained in section 40 of Part 4 of that Amendment Ordinance read as follows- "40. Transitional provisions relating to Part 2 (1) Notwithstanding anything contained in Part 2 of this Ordinance, and in addition to and without derogating from section 23 of the Interpretation and General Clauses Ordinance (Cap 1), the amendments effected under this Ordinance shall not apply to any construction works if, before the commencement date- (a) the tender for the construction works has been submitted to the employer concerned; (b) no tender for the construction works has been submitted to the employer concerned, but a construction contract in respect of the construction works has been entered into; or (c) no tender for the construction works has been submitted to the employer concerned and no construction contract in respect of the construction works has been entered into, but the construction works have been commenced. (2) For the purposes of this section- *"commencement date" (生效日期) means the day appointed under section 1(3) of this Ordinance as the day on which Part 2 of this Ordinance comes into operation; "construction works" (建造工程) has the same meaning as in section 2(1) of the pre-amended Ordinance; "employer" (僱主) has the same meaning as in section 2(1) of the pre-amended Ordinance; "pre-amended Ordinance" (未經修訂條例) means the Pneumoconiosis (Compensation) Ordinance (Cap 360) at any time in force before the commencement date.". * Commencement date: 1 June 2004. PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 1 Citation VerDate:18/04/2008 PART I PRELIMINARY These regulations may be cited as the Pneumoconiosis and Mesothelioma (Compensation) (Assessment of Levy) Regulations. (6 of 2008 s. 32) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 1 Citation VerDate:30/06/1997 PART I PRELIMINARY These regulations may be cited as the Pneumoconiosis (Compensation) (Assessment of Levy) Regulations. PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 2 Interpretation VerDate:18/04/2008 In these regulations, unless the context otherwise requires- "notice of completion" (竣工通知) means a notice given under regulation 5A, and includes a copy of a notice sent to the Board in accordance with paragraph (6) of that regulation; (12 of 2006 s. 84) "notice of payment" (付款通知) means a notice given under regulation 5, and includes a copy of a notice sent to the Board in accordance with paragraph (6) of that regulation; (12 of 2006 s. 84) "notice of surcharge" (附加費通知) means a notice of the surcharge referred to in regulation 6D(3); (12 of 2006 s. 84) "objector" (反對者) means a person who makes an objection under regulation 12; (12 of 2006 s. 84) "quarry industry" (石礦業) means the industry that is engaged in the operation of a quarry. (3 of 2004 s. 27) "notice of completion" (竣工通知) "notice of payment" (付款通知) "notice of surcharge" (附加費通知) "objector" (反對者) "quarry industry" (石礦業) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 2 Interpretation VerDate:01/01/2008 In these regulations, unless the context otherwise requires- "notice of completion" (竣工通知) means a notice given under regulation 5A, and includes a copy of a notice sent to the Board in accordance with paragraph (6) of that regulation; (12 of 2006 s. 84) "notice of payment" (付款通知) means a notice given under regulation 5, and includes a copy of a notice sent to the Board in accordance with paragraph (6) of that regulation; (12 of 2006 s. 84) "notice of surcharge" (附加費通知) means a notice of the surcharge referred to in regulation 6D(3); (12 of 2006 s. 84) "objector" (反對者) means a person who makes an objection under regulation 12; (12 of 2006 s. 84) "quarry industry" (石礦業) means the industry that is engaged in the operation of a quarry. (3 of 2004 s. 27) "notice of completion" (竣工通知) "notice of payment" (付款通知) "notice of surcharge" (附加費通知) "objector" (反對者) "quarry industry" (石礦業) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 2 Interpretation VerDate:01/06/2004 In these regulations, unless the context otherwise requires- "quarry industry" (石礦業) means the industry that is engaged in the operation of a quarry. (3 of 2004 s. 27) "quarry industry" (石礦業) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 2 Interpretation VerDate:30/06/1997 In these regulations, unless the context otherwise requires- "authorized person" (獲授權人) has the meaning assigned to it in section 2(1) of the Industrial Training (Construction Industry) Ordinance (Cap 317); "building works" (建築工程) has the meaning assigned to it in section 2(1) of the Buildings Ordinance (Cap 123); "quarry" (石礦場) means- (a) any works or system of works, the principal purpose of which is to extract from the earth for commercial purposes any rock or stone; or (b) any works or system of works the principal purpose of which is to crush rock or stone for commercial purposes; "quarry industry" (石礦業) means the industry that is engaged in the operation of a quarry; "quarry products" (石礦產品) means all crushed rock, stone and sand extracted or produced in a quarry; "street works" (街道工程) has the meaning assigned to it in section 2(1) of the Buildings Ordinance (Cap 123). "authorized person" (獲授權人) "building works" (建築工程) "quarry" (石礦場) "quarry industry" (石礦業) "quarry products" (石礦產品) "street works" (街道工程) PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 3 (Repealed 3 of 2004 s. 29) VerDate:18/04/2008 PART II CONSTRUCTION OPERATIONS (3 of 2004 s. 28) (Repealed 3 of 2004 s. 29) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 3 (Repealed 3 of 2004 s. 29) VerDate:01/06/2004 PART II CONSTRUCTION OPERATIONS (3 of 2004 s. 28) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 3 Value of construction works VerDate:30/06/1997 PART II CONSTRUCTION WORKS (1) In ascertaining the value of construction works for the purpose of the Ordinance, regard shall be given to- (a) in the case of construction works performed pursuant to a contract, the consideration, or such part of the consideration as is attributable to the construction works, payable to the contractor under the contract, which shall be evidence, but not conclusive evidence, of the value of the construction works; (b) the cost or value of materials used in the construction works; (c) the cost or value of time, work and labour involved in the construction works; (d) the equipment used in the construction works; (e) such overhead costs as may be considered reasonable; (f) the reasonable profit to be expected on the open market in respect of the performance of such construction works; (g) any other factors that may be prescribed. (2) In the case of any construction works to be undertaken or carried out in stages the total value of all stages of the construction works shall be the value of the construction works for the purposes of paragraph (1). PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 4 Contractor and authorized person to notify Board of their carrying out of construction operations VerDate:18/04/2008 (1) Within 14 days after any construction operations have commenced, the contractor and the authorized person in respect of the construction operations shall each inform the Board, by a notice, that he is such contractor or authorized person. (12 of 2006 s. 84) (2) A notice referred to in paragraph (1) shall be in a form specified by the Board and shall state the estimated total value of the construction operations. (12 of 2006 s. 84) (3) A notice is required to be given under this regulation only if— (a) the construction operations are carried out under a term contract; or (b) it is reasonably estimated that the total value of the construction operations exceeds the amount specified in Part 1 of Schedule 5 to the Ordinance. (12 of 2006 s. 84) (3A) The Board may in a particular case extend the period for giving a notice under this regulation. (12 of 2006 s. 84) (4) A contractor or authorized person in respect of the construction operations complies with this regulation if he— (a) had given a notice to the Construction Industry Council under section 34 of the Construction Industry Council Ordinance (Cap 587) in respect of the construction operations; and (b) sent a copy of that notice to the Board within the specified period. (12 of 2006 s. 84) (5) Every contractor or authorized person who, without reasonable excuse, fails to comply with this regulation commits an offence and is liable to a fine of $5000. (L.N. 32 of 1983; 12 of 2006 s. 84) (6) In this regulation, "specified period" (指明期間) means the period of 14 days referred to in paragraph (1) or, if the Board has extended that period under paragraph (3A), the extended period. (12 of 2006 s. 84) "specified period" (指明期間) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 4 Contractor and authorized person to notify Board of their carrying out of construction operations VerDate:01/01/2008 (1) Within 14 days after any construction operations have commenced, the contractor and the authorized person in respect of the construction operations shall each inform the Board, by a notice, that he is such contractor or authorized person. (12 of 2006 s. 84) (2) A notice referred to in paragraph (1) shall be in a form specified by the Board and shall state the estimated total value of the construction operations. (12 of 2006 s. 84) (3) A notice is required to be given under this regulation only if— (a) the construction operations are carried out under a term contract; or (b) it is reasonably estimated that the total value of the construction operations exceeds the amount specified in Part 1 of Schedule 5 to the Ordinance. (12 of 2006 s. 84) (3A) The Board may in a particular case extend the period for giving a notice under this regulation. (12 of 2006 s. 84) (4) A contractor or authorized person in respect of the construction operations complies with this regulation if he— (a) had given a notice to the Construction Industry Council under section 34 of the Construction Industry Council Ordinance (Cap 587) in respect of the construction operations; and (b) sent a copy of that notice to the Board within the specified period. (12 of 2006 s. 84) (5) Every contractor or authorized person who, without reasonable excuse, fails to comply with this regulation commits an offence and is liable to a fine of $5000. (L.N. 32 of 1983; 12 of 2006 s. 84) (6) In this regulation, "specified period" (指明期間) means the period of 14 days referred to in paragraph (1) or, if the Board has extended that period under paragraph (3A), the extended period. (12 of 2006 s. 84) "specified period" (指明期間) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 4 Contractor and authorized person to notify Board when undertaking construction operations VerDate:01/06/2004 (1) Within 14 days after any construction operations have begun or such further time as the Board may in any case allow- (3 of 2004 s. 30) (a) the contractor in respect of the construction operations; and (b) the authorized person appointed in connection with the construction operations, shall each give notice to, the Board in a form specified by the Board that he is the contractor in respect of the construction operations or authorized person appointed in connection with the construction operations, as the case may be. (3 of 2004 s. 30) (2) Except in the case of a term contract, paragraph (1) shall not apply in respect of any construction operations if it is reasonably estimated that the total value of such operations does not exceed the specified amount. (3 of 2004 s. 30) (3) Every notice under paragraph (1) shall state the estimated total value of the construction operations. (3 of 2004 s. 30) (4) This regulation shall be complied with if a copy of a notice given to the Construction Industry Training Authority under section 24 of the Industrial Training (Construction Industry) Ordinance (Cap 317) is sent to the Board. (5) Every contractor or authorized person who, without reasonable excuse, fails to give a notice when required to do so by paragraph (1) commits an offence and is liable to a fine of $5000. (L.N. 32 of 1983) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 4 Contractor and authorized person to notify Board when undertaking construction works VerDate:30/06/1997 (1) Within 14 days after any construction works have begun or such further time as the Board may in any case allow- (a) the contractor carrying out the construction works; and (b) the authorized person appointed in connection with the construction works, shall each give notice to, the Board in a form approved by the Board that he is such a contractor carrying out construction works or authorized person appointed in connection with construction works, as the case may be. (2) Paragraph (1) shall not apply in respect of any construction works the estimated value of which would render those works not liable to the levy as a result of a resolution under section 36 of the Ordinance. (3) Every notice under paragraph (1) shall state the estimated value of the construction works. (4) This regulation shall be complied with if a copy of a notice given to the Construction Industry Training Authority under section 24 of the Industrial Training (Construction Industry) Ordinance (Cap 317) is sent to the Board. (5) Every contractor or authorized person who, without reasonable excuse, fails to give a notice when required to do so by paragraph (1) commits an offence and is liable to a fine of $5000. (L.N. 32 of 1983) PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 5 Notice of payment made in respect of construction operations VerDate:18/04/2008 (1) If a payment is made to or for the benefit of a contractor in respect of any construction operations or any stage or part of any construction operations, other than construction operations carried out under a term contract, the contractor shall, within 14 days after the payment is made, give notice of the payment to the Board. (12 of 2006 s. 84) (1A) (Repealed 12 of 2006 s. 84) (2) If a payment is made to or for the benefit of a contractor in respect of any construction operations carried out under a term contract, the contractor shall, within 14 days after the last day of the month in which the payment was made, give notice of the payment to the Board. (12 of 2006 s. 84) (3) A notice of payment shall be in a form specified by the Board and shall state the value of the construction operations or the value of the stage or part of the construction operations in respect of which the payment was made. (12 of 2006 s. 84) (4) A notice is required to be given under this regulation only if— (a) the construction operations are carried out under a term contract; or (b) it is reasonably estimated that the total value of the construction operations exceeds the amount specified in Part 1 of Schedule 5 to the Ordinance. (12 of 2006 s. 84) (5) The Board may in a particular case extend the period for giving a notice under this regulation. (12 of 2006 s. 84) (6) A contractor complies with this regulation if he— (a) had given a notice to the Construction Industry Council under section 35 of the Construction Industry Council Ordinance (Cap 587) in respect of the relevant payment; and (b) sent a copy of that notice to the Board within the specified period. (12 of 2006 s. 84) (7) Every contractor or authorized person who without reasonable excuse fails to comply with this regulation commits an offence and is liable to a fine of $5000. (L.N. 32 of 1983; 12 of 2006 s. 84) (8) In this regulation, "specified period" (指明期間) means the period of 14 days referred to in paragraph (1) or (2) or, if the Board has extended that period under paragraph (5), the extended period. (12 of 2006 s. 84) (3 of 2004 s. 31) "specified period" (指明期間) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 5 Notice of payment made in respect of construction operations VerDate:01/01/2008 (1) If a payment is made to or for the benefit of a contractor in respect of any construction operations or any stage or part of any construction operations, other than construction operations carried out under a term contract, the contractor shall, within 14 days after the payment is made, give notice of the payment to the Board. (12 of 2006 s. 84) (1A) (Repealed 12 of 2006 s. 84) (2) If a payment is made to or for the benefit of a contractor in respect of any construction operations carried out under a term contract, the contractor shall, within 14 days after the last day of the month in which the payment was made, give notice of the payment to the Board. (12 of 2006 s. 84) (3) A notice of payment shall be in a form specified by the Board and shall state the value of the construction operations or the value of the stage or part of the construction operations in respect of which the payment was made. (12 of 2006 s. 84) (4) A notice is required to be given under this regulation only if— (a) the construction operations are carried out under a term contract; or (b) it is reasonably estimated that the total value of the construction operations exceeds the amount specified in Part 1 of Schedule 5 to the Ordinance. (12 of 2006 s. 84) (5) The Board may in a particular case extend the period for giving a notice under this regulation. (12 of 2006 s. 84) (6) A contractor complies with this regulation if he— (a) had given a notice to the Construction Industry Council under section 35 of the Construction Industry Council Ordinance (Cap 587) in respect of the relevant payment; and (b) sent a copy of that notice to the Board within the specified period. (12 of 2006 s. 84) (7) Every contractor or authorized person who without reasonable excuse fails to comply with this regulation commits an offence and is liable to a fine of $5000. (L.N. 32 of 1983; 12 of 2006 s. 84) (8) In this regulation, "specified period" (指明期間) means the period of 14 days referred to in paragraph (1) or (2) or, if the Board has extended that period under paragraph (5), the extended period. (12 of 2006 s. 84) (3 of 2004 s. 31) "specified period" (指明期間) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 5 Notice by contractor and authorized person of payments made in respect of construction operations and of completion VerDate:01/06/2004 (1) Subject to paragraph (1A), where a payment or an interim payment is made to a contractor or for his benefit in respect of any construction operations, the contractor shall, within 14 days after the payment is made or such further time as the Board may in any case allow, give notice of it to the Board in a form approved by the Board. (1A) Where any payment or interim payment is made in any calendar month to a contractor or for his benefit in respect of any construction operations that are carried out under a term contract, the contractor shall, within 14 days after the last day of that month or such further time as the Board may in any case allow, give notice of it to the Board in a form specified by the Board. (3 of 2004 s. 31) (2) Not later than 14 days, or such further time as the Board may in any case allow, after the completion of any construction operations, or of any stage of the construction operations (if the construction operations are undertaken or carried out in stages), the contractor and the authorized person appointed in respect of the construction operations shall each give notice of such completion to the Board in a form specified by the Board. (3) Except in the case of a term contract, paragraphs (1) and (2) shall not apply in respect of any construction operations if it is reasonably estimated that the total value of such operations does not exceed the specified amount. (3 of 2004 s. 31) (4) Every notice under paragraph (1), (1A) or (2) shall state the value of the construction operations or stage thereof in respect of which payment was made or the value of the operations or stage thereof which have been completed. as the case may be. (5) This regulation shall be complied with if a copy of a notice given to the Construction Industry Training Authority under section 25 of the Industrial Training (Construction Industry) Ordinance (Cap 317) is sent to the Board. (6) Every contractor or authorized person who without reasonable excuse fails to give a notice when required to do so by paragraph (1), (1A) or (2) commits an offence and is liable to a fine of $5000. (L.N. 32 of 1983) (3 of 2004 s. 31) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 5 Notice by contractor and authorized person of payments made in respect of works etc. and of completion VerDate:30/06/1997 (1) Where a payment or an interim payment is made to a contractor or for his benefit in respect of any construction works, the contractor shall, within 14 days after the payment is made or such further time as the Board may in any case allow, give notice of it to the Board in a form approved by the Board. (2) Not later than 14 days, or such further time as the Board may in any case allow, after the completion of any construction works, or of any stage of the construction works (if the construction works are being undertaken or carried out in stages), the contractor and the authorized person appointed in respect of the construction works shall each give notice of such completion to the Board in a form approved by the Board. (3) Paragraphs (1) and (2) shall not apply in respect of any construction works which are not liable to the levy as a result of a resolution under section 36 of the Ordinance. (4) Every notice under paragraph (1) or (2) shall state the value of the construction works or stage thereof in respect of which payment was made or the value of the works or stage thereof which have been completed. as the case may be. (5) This regulation shall be complied with if a copy of a notice given to the Construction Industry Training Authority under section 25 of the Industrial Training (Construction Industry) Ordinance (Cap 317) is sent to the Board. (6) Every contractor or authorized person who without reasonable excuse fails to give a notice when required to do so by paragraph (1) or (2) commits an offence and is liable to a fine of $5000. (L.N. 32 of 1983) PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 5A Notice of completion of construction operations VerDate:18/04/2008 (1) After the completion of any construction operations, the contractor and the authorized person shall each give notice of the completion to the Board. (2) If any construction operations (other than those carried out under works orders) are carried out in stages, after the completion of each stage, the contractor and the authorized person shall each give notice of the completion to the Board. (3) A notice of completion shall be given within 14 days after the completion of the construction operations or the stage of the construction operations (as the case may be) but the Board may in a particular case extend the period for giving the notice. (4) The notice shall be in a form specified by the Board and shall state the value of the completed construction operations or the value of the completed stage. (5) A notice is required to be given under this regulation only if— (a) the construction operations are carried out under a term contract; or (b) it is reasonably estimated that the total value of the construction operations exceeds the amount specified in Part 1 of Schedule 5 to the Ordinance. (6) A contractor or authorized person complies with this regulation if he— (a) had given a notice to the Construction Industry Council under section 36 of the Construction Industry Council Ordinance (Cap 587) in respect of the relevant completion; and (b) sent a copy of that notice to the Board within the specified period. (7) A person who, without reasonable excuse, fails to comply with this regulation commits an offence and is liable to a fine at level 2. (8) In this regulation, "specified period" (指明期間) means the period of 14 days referred to in paragraph (3) or, if the Board has extended that period under that paragraph, the extended period. (12 of 2006 s. 84) "specified period" (指明期間) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 5A Notice of completion of construction operations VerDate:01/01/2008 (1) After the completion of any construction operations, the contractor and the authorized person shall each give notice of the completion to the Board. (2) If any construction operations (other than those carried out under works orders) are carried out in stages, after the completion of each stage, the contractor and the authorized person shall each give notice of the completion to the Board. (3) A notice of completion shall be given within 14 days after the completion of the construction operations or the stage of the construction operations (as the case may be) but the Board may in a particular case extend the period for giving the notice. (4) The notice shall be in a form specified by the Board and shall state the value of the completed construction operations or the value of the completed stage. (5) A notice is required to be given under this regulation only if— (a) the construction operations are carried out under a term contract; or (b) it is reasonably estimated that the total value of the construction operations exceeds the amount specified in Part 1 of Schedule 5 to the Ordinance. (6) A contractor or authorized person complies with this regulation if he— (a) had given a notice to the Construction Industry Council under section 36 of the Construction Industry Council Ordinance (Cap 587) in respect of the relevant completion; and (b) sent a copy of that notice to the Board within the specified period. (7) A person who, without reasonable excuse, fails to comply with this regulation commits an offence and is liable to a fine at level 2. (8) In this regulation, "specified period" (指明期間) means the period of 14 days referred to in paragraph (3) or, if the Board has extended that period under that paragraph, the extended period. (12 of 2006 s. 84) "specified period" (指明期間) PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 6 Assessment pursuant to notice of payment or notice of completion VerDate:18/04/2008 (1) On receiving a notice of payment, the Board shall assess the amount of the levy payable in respect of the construction operations or the stage or part of the construction operations to which the notice relates. (2) If no assessment has been made under paragraph (1), on receiving a notice of completion, the Board shall assess the amount of the levy payable in respect of the construction operations or the stage of the construction operations to which the notice of completion relates. (3) If the notice of payment is given in respect of an interim payment or partial payment, subject to paragraph (4)— (a) the assessment shall be a provisional assessment; and (b) a final assessment shall be made on the final payment for the construction operations. (4) If an assessment made under this regulation is in respect of a stage or part of any construction operations, or in respect of any construction operations, which constitute a stage or part of any other construction operations— (a) the assessment shall be a provisional assessment; and (b) a final assessment shall be made on the completion of those other construction operations. (12 of 2006 s. 84) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 6 Assessment pursuant to notice of payment or notice of completion VerDate:01/01/2008 (1) On receiving a notice of payment, the Board shall assess the amount of the levy payable in respect of the construction operations or the stage or part of the construction operations to which the notice relates. (2) If no assessment has been made under paragraph (1), on receiving a notice of completion, the Board shall assess the amount of the levy payable in respect of the construction operations or the stage of the construction operations to which the notice of completion relates. (3) If the notice of payment is given in respect of an interim payment or partial payment, subject to paragraph (4)— (a) the assessment shall be a provisional assessment; and (b) a final assessment shall be made on the final payment for the construction operations. (4) If an assessment made under this regulation is in respect of a stage or part of any construction operations, or in respect of any construction operations, which constitute a stage or part of any other construction operations— (a) the assessment shall be a provisional assessment; and (b) a final assessment shall be made on the completion of those other construction operations. (12 of 2006 s. 84) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 6 Assessment VerDate:01/06/2004 (1) On receipt of a notice of payment under regulation 5(1), the Board shall assess the amount of levy due in respect of the construction operations or the stage of the construction operations (if the construction operations are undertaken or carried out in stages) to which the payment relates. (2) Where more than one payment is made or to be made in respect of construction operations or a stage of the construction operations, the assessment under paragraph (1) shall be a provisional assessment and a final assessment shall be made on the final payment in respect of the construction operations, each stage of the operations or all stages of operations, as is appropriate. (3) On receipt of a notice of completion of construction operations or any stage thereof under regulation 5(2), the Board shall, if no assessment under paragraph (1) or (2) has been made, assess the amount of levy due in respect of the construction operations or the stage of the construction operations. (4) Where construction operations are undertaken or carried out in stages the Board may make a provisional assessment under paragraph (3) on the completion of each stage of the construction operations and make a final assessment on the completion of all stages of the construction operations. (4A) Notwithstanding paragraphs (1), (2) and (3), where construction operations are carried out under a term contract, the Board may defer the making of any assessment under paragraph (1), (2) or (3) until such time as the Board considers appropriate. (3 of 2004 s. 32) (5) The Board may assess the amount of levy due in respect of the construction operations or stage thereof which have or has been completed notwithstanding that no notice has been given to the Board under regulation 5. (6) Where it appears to the Board that an assessment of levy has been made at less than the proper amount, then, subject to paragraph (9), the Board may at any time make an additional assessment of levy due in respect of construction operations or a stage of construction operations. (7) If a contractor fails to give any notice required to be given by him under regulation 5 and does not give a reasonable excuse therefor within such period as the Board may allow in any case, the Board may, in addition to the levy assessed under this regulation and payable by the contractor, impose a surcharge on the contractor not exceeding twice the amount of the levy so assessed. (8) Any assessment of levy or imposition of surcharge under this regulation shall be notified in writing by the Board. (3 of 2004 s. 32) (8A) A levy or surcharge shall not be payable by a contractor- (a) if he has not been notified by the Board of an assessment of such levy or imposition of such surcharge, as the case may be, under paragraph (8); or (b) to the extent that the levy or surcharge, as the case may be, has been paid by any other contractor unless the levy or surcharge, as the case may be, may be required or ordered to be refunded or repaid to that other contractor under section 37(1C) of the Ordinance or regulation 12(4) or 13(4). (3 of 2004 s. 32) (9) Subject to paragraph (10), an assessment or surcharge under this regulation shall be made or imposed within- (3 of 2004 s. 32) (a) 2 years after the completion of the operations; or (b) 1 year after evidence of facts, sufficient in the opinion of the Board to justify the making of the assessment or the imposition of the surcharge comes to its knowledge, whichever is the later. (10) If construction operations are carried out under a term contract, an assessment or surcharge under this regulation shall be made or imposed within- (a) 2 years after the completion of all construction operations to which the contract relates; (b) 2 years after the expiration of the period within which all construction operations to which the contract relates have to be completed as provided for by the contract; or (c) 1 year after evidence of facts, sufficient in the opinion of the Board to justify the making of the assessment or the imposition of the surcharge comes to its knowledge, whichever is the last to occur. (3 of 2004 s. 32) (11) For the purposes of this regulation, where the amount of levy due in respect of a stage of any construction operations is assessed under this regulation, the amount of levy shall be assessed as if such stage of the construction operations separately constitutes construction operations subject to payment of levy under the Ordinance. (3 of 2004 s. 32) (3 of 2004 s. 32) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 6 Assessment VerDate:30/06/1997 (1) On receipt of a notice of payment under regulation 5(1), the Board shall assess the amount of levy due from the contractor in respect of the construction works or the stage of the construction works (if the construction works are being undertaken or carried out in stages) to which the payment relates. (2) Where more than one payment is made or to be made to the contractor in respect of construction works or a stage of the construction works, the assessment under paragraph (1) shall be a provisional assessment and a final assessment shall be made on the final payment in respect of the construction works, each stage of the works or all stages of works, as is appropriate. (3) On receipt of a notice of completion of construction works or any stage thereof under regulation 5(2), the Board shall, if no assessment under paragraph (1) or (2) has been made, assess the amount of levy due from the contractor in respect of the construction works or the stage of the construction works. (4) Where construction works are undertaken or carried out in stages the Board may make a provisional assessment under paragraph (3) on the completion of each stage of the construction works and make a final assessment on the completion of all stages of the construction works. (5) The Board may assess the amount of levy due from the contractor in respect of the construction works or stage thereof which have or has been completed notwithstanding that no notice has been given to the Board under regulation 5. (6) Where it appears to the Board that an assessment of levy has been made at less than the proper amount, then, subject to paragraph (9), the Board may at any time make an additional assessment of levy due from the contractor in respect of construction works or a stage of construction works. (7) If a contractor fails to give any notice required to be given by him under regulation 5 and does not give a reasonable excuse therefor within such period as the Board may allow in any case, the Board may, in addition to the levy assessed under paragraph (5), impose a surcharge on the contractor not exceeding twice the amount of the levy so assessed. (8) The Board shall notify the contractor in writing of any assessment of levy or imposition of surcharge. (9) An assessment or surcharge under this regulation shall be made or imposed within- (a) 2 years after the completion of the works; or (b) 1 year after evidence of facts, sufficient in the opinion of the Board to justify the making of the assessment or the imposition of the surcharge comes to its knowledge, whichever is the later. PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 6A Assessment for construction operations under term contract may be deferred VerDate:18/04/2008 If the construction operations are carried out under a term contract, the Board may, subject to regulation 6E, defer the making of any assessment under regulation 6 until such time as the Board considers appropriate. (12 of 2006 s. 84) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 6A Assessment for construction operations under term contract may be deferred VerDate:01/01/2008 If the construction operations are carried out under a term contract, the Board may, subject to regulation 6E, defer the making of any assessment under regulation 6 until such time as the Board considers appropriate. (12 of 2006 s. 84) PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 6B Assessment in respect of stage or part of construction operations VerDate:18/04/2008 The amount of the levy payable in respect of a stage or part of any construction operations is to be assessed as if that stage or part separately constitutes construction operations that are subject to payment of levy under the Ordinance. (12 of 2006 s. 84) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 6B Assessment in respect of stage or part of construction operations VerDate:01/01/2008 The amount of the levy payable in respect of a stage or part of any construction operations is to be assessed as if that stage or part separately constitutes construction operations that are subject to payment of levy under the Ordinance. (12 of 2006 s. 84) PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 6C Powers of Board to make assessment VerDate:18/04/2008 (1) The Board may, subject to regulations 6E and 6G, assess the amount of the levy payable in respect of any construction operations or any stage or part of any construction operations, after the completion of the construction operations or the stage or part of the construction operations, notwithstanding that neither a notice of payment nor a notice of completion has been given to the Board. (2) If it appears to the Board that any assessment of levy made by it is less than the proper amount, subject to regulations 6E and 6G, the Board may make an additional assessment of the levy. (12 of 2006 s. 84) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 6C Powers of Board to make assessment VerDate:01/01/2008 (1) The Board may, subject to regulations 6E and 6G, assess the amount of the levy payable in respect of any construction operations or any stage or part of any construction operations, after the completion of the construction operations or the stage or part of the construction operations, notwithstanding that neither a notice of payment nor a notice of completion has been given to the Board. (2) If it appears to the Board that any assessment of levy made by it is less than the proper amount, subject to regulations 6E and 6G, the Board may make an additional assessment of the levy. (12 of 2006 s. 84) PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 6D Imposition of surcharge VerDate:18/04/2008 (1) If a contractor fails to give a notice under regulation 5 or 5A and fails to give, within a period allowed by the Board, a reasonable excuse for that failure, the Board may, subject to regulations 6F and 6H, impose a surcharge on him. (2) The surcharge may not exceed twice the amount of the levy payable by the contractor. (3) Notwithstanding paragraph (1), the contractor is liable to pay a surcharge only if the Board gives him a notice of the surcharge. (4) A notice of surcharge shall be in writing and shall specify the amount of the surcharge payable by the contractor. (12 of 2006 s. 84) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 6D Imposition of surcharge VerDate:01/01/2008 (1) If a contractor fails to give a notice under regulation 5 or 5A and fails to give, within a period allowed by the Board, a reasonable excuse for that failure, the Board may, subject to regulations 6F and 6H, impose a surcharge on him. (2) The surcharge may not exceed twice the amount of the levy payable by the contractor. (3) Notwithstanding paragraph (1), the contractor is liable to pay a surcharge only if the Board gives him a notice of the surcharge. (4) A notice of surcharge shall be in writing and shall specify the amount of the surcharge payable by the contractor. (12 of 2006 s. 84) PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 6E Time limit on making assessment: construction operations under term contract VerDate:18/04/2008 In the case of construction operations carried out under a term contract, an assessment under this Part may not be made after the expiry of whichever is the last to end of the following periods— (a) 2 years after the completion of all construction operations under the contract; (b) 2 years after the expiry of the period within which the contract stipulates that all such construction operations have to be completed; (c) one year after evidence, sufficient in the opinion of the Board to justify the making of the assessment, comes to its knowledge. (12 of 2006 s. 84) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 6E Time limit on making assessment: construction operations under term contract VerDate:01/01/2008 In the case of construction operations carried out under a term contract, an assessment under this Part may not be made after the expiry of whichever is the last to end of the following periods— (a) 2 years after the completion of all construction operations under the contract; (b) 2 years after the expiry of the period within which the contract stipulates that all such construction operations have to be completed; (c) one year after evidence, sufficient in the opinion of the Board to justify the making of the assessment, comes to its knowledge. (12 of 2006 s. 84) PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 6F Time limit on imposing surcharge: construction operations under term contract VerDate:18/04/2008 In the case of construction operations carried out under a term contract, a surcharge may not be imposed after the expiry of whichever is the last to end of the following periods— (a) 2 years after the completion of all construction operations under the contract; (b) 2 years after the expiry of the period within which the contract stipulates that all such construction operations have to be completed; (c) one year after evidence, sufficient in the opinion of the Board to justify the imposition of the surcharge, comes to its knowledge. (12 of 2006 s. 84) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 6F Time limit on imposing surcharge: construction operations under term contract VerDate:01/01/2008 In the case of construction operations carried out under a term contract, a surcharge may not be imposed after the expiry of whichever is the last to end of the following periods— (a) 2 years after the completion of all construction operations under the contract; (b) 2 years after the expiry of the period within which the contract stipulates that all such construction operations have to be completed; (c) one year after evidence, sufficient in the opinion of the Board to justify the imposition of the surcharge, comes to its knowledge. (12 of 2006 s. 84) PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 6G Time limit on making assessment: construction operations other than those under term contract VerDate:18/04/2008 In respect of construction operations other than those carried out under a term contract, an assessment under this Part may not be made after the expiry of whichever is the last to end of the following periods— (a) 2 years after the completion of the construction operations; (b) one year after evidence, sufficient in the opinion of the Board to justify the making of the assessment, comes to its knowledge. (12 of 2006 s. 84) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 6G Time limit on making assessment: construction operations other than those under term contract VerDate:01/01/2008 In respect of construction operations other than those carried out under a term contract, an assessment under this Part may not be made after the expiry of whichever is the last to end of the following periods— (a) 2 years after the completion of the construction operations; (b) one year after evidence, sufficient in the opinion of the Board to justify the making of the assessment, comes to its knowledge. (12 of 2006 s. 84) PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 6H Time limit on imposing surcharge: construction operations other than those under term contract VerDate:18/04/2008 In respect of construction operations other than those carried out under a term contract, a surcharge may not be imposed after the expiry of whichever is the last to end of the following periods— (a) 2 years after the completion of the construction operations; (b) one year after evidence, sufficient in the opinion of the Board to justify the imposition of the surcharge, comes to its knowledge. (12 of 2006 s. 84) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 6H Time limit on imposing surcharge: construction operations other than those under term contract VerDate:01/01/2008 In respect of construction operations other than those carried out under a term contract, a surcharge may not be imposed after the expiry of whichever is the last to end of the following periods— (a) 2 years after the completion of the construction operations; (b) one year after evidence, sufficient in the opinion of the Board to justify the imposition of the surcharge, comes to its knowledge. (12 of 2006 s. 84) PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 7 (Repealed 3 of 2004 s. 33) VerDate:18/04/2008 PART III QUARRY INDUSTRY (Repealed 3 of 2004 s. 33) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 7 (Repealed 3 of 2004 s. 33) VerDate:01/06/2004 PART III QUARRY INDUSTRY PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 7 Value of quarry products VerDate:30/06/1997 PART III QUARRY INDUSTRY In ascertaining the value of quarry products for the purposes of the Ordinance, regard shall be given to- (a) the type and volume of quarry products; and (b) the market price of the quarry products at the time of production. PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 8 Quarry operators to notify Board of quarry operations VerDate:18/04/2008 (1) Subject to paragraph (2), every quarry operator who begins a quarry operation on the date of commencement of these regulations or on any date thereafter shall, within 14 days after the date on which such quarry operation has begun, or such further time as the Board may in any case allow, give notice to the Board in a form approved by the Board specifying the quarry at which he is carrying on the quarry operation. (2) Where on the date of commencement of these regulations a quarry operator is carrying on a quarry operation, he shall, within 14 days after such date, or such further time as the Board may in any case allow, give notice to the Board in a form approved by the Board specifying the quarry at which he is carrying on the quarry operation. (3) Any quarry operator who, without reasonable excuse, fails to give notice in accordance with this regulation commits an offence and is liable to a fine of $5000. (L.N. 32 of 1983) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 8 Quarry operators to notify Board of quarry operations VerDate:30/06/1997 (1) Subject to paragraph (2), every quarry operator who begins a quarry operation on the date of commencement of these regulations or on any date thereafter shall, within 14 days after the date on which such quarry operation has begun, or such further time as the Board may in any case allow, give notice to the Board in a form approved by the Board specifying the quarry at which he is carrying on the quarry operation. (2) Where on the date of commencement of these regulations a quarry operator is carrying on a quarry operation, he shall, within 14 days after such date, or such further time as the Board may in any case allow, give notice to the Board in a form approved by the Board specifying the quarry at which he is carrying on the quarry operation. (3) Any quarry operator who, without reasonable excuse, fails to give notice in accordance with this regulation commits an offence and is liable to a fine of $5000. (L.N. 32 of 1983) PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 9 Notice by quarry operator of quarry products and their value VerDate:18/04/2008 (1) Not later than 14 days after the expiry of a month, or such further time as the Board may in any case allow, every quarry operator shall give notice to the Board in a form approved by the Board specifying the volume of the quarry products extracted or produced during the immediately preceding month and their value. (2) Not later than 14 days after the cessation of a quarry operation, or such further time as the Board may in any case allow, the quarry operator shall give notice to the Board in a form approved by the Board specifying the quantity of the quarry products extracted or produced during the period immediately preceding the cessation and their value, other than the quarry products included in the notice given under paragraph (1). (3) No notice shall be required to be given in accordance with this regulation in respect of any quarry products extracted before the date of commencement of these regulations. (4) Any quarry operator who, without reasonable excuse, fails to give notice in accordance with this regulation commits an offence and is liable to a fine of $5000. (L.N. 32 of 1983) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 9 Notice by quarry operator of quarry products and their value VerDate:30/06/1997 (1) Not later than 14 days after the expiry of a month, or such further time as the Board may in any case allow, every quarry operator shall give notice to the Board in a form approved by the Board specifying the volume of the quarry products extracted or produced during the immediately preceding month and their value. (2) Not later than 14 days after the cessation of a quarry operation, or such further time as the Board may in any case allow, the quarry operator shall give notice to the Board in a form approved by the Board specifying the quantity of the quarry products extracted or produced during the period immediately preceding the cessation and their value, other than the quarry products included in the notice given under paragraph (1). (3) No notice shall be required to be given in accordance with this regulation in respect of any quarry products extracted before the date of commencement of these regulations. (4) Any quarry operator who, without reasonable excuse, fails to give notice in accordance with this regulation commits an offence and is liable to a fine of $5000. (L.N. 32 of 1983) PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 10 Assessment VerDate:18/04/2008 (1) Subject to paragraph (2), the Board shall assess the amount of levy due from the quarry operator in respect of the value of the quarry products extracted or produced during each period of 6 months or up to the date of cessation of the quarry operation. (2) If the Board is not satisfied as to the accuracy of the quantity or value of the quarry products specified in any notice given in accordance with regulation 9, it shall assess the quantity and value of the quarry products before assessing the amount of levy due under paragraph (1). (3) The Board may assess the amount of levy due under paragraph (1) notwithstanding that no notice has been given to it under regulation 9. (4) Where it appears to the Board that an assessment of levy under paragraph (1) has been made at less than the proper amount, then, subject to paragraph (7), the Board may at any time make an additional assessment of levy due from the quarry operator in respect of the value of quarry products. (5) If a quarry operator fails to give any notice required to be given by him in accordance with regulation 9 and to give a reasonable excuse therefor within such period as the Board may allow in any case, the Board may, in addition to the levy assessed under paragraph (3), impose a surcharge on the quarry operator not exceeding twice the amount of the levy so assessed on the value of the quarry products in respect of which such failure occurred. (6) The Board shall notify the quarry operator in writing of any assessment of levy or imposition of surcharge. (7) An assessment or surcharge under this regulation may be made or imposed within- (a) 2 years after the cessation of the quarry operation; or (b) 1 year after evidence of facts, sufficient in the opinion of the Board to justify the making of the assessment or the imposition of the surcharge comes to its knowledge, whichever is the later. PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 10 Assessment VerDate:30/06/1997 (1) Subject to paragraph (2), the Board shall assess the amount of levy due from the quarry operator in respect of the value of the quarry products extracted or produced during each period of 6 months or up to the date of cessation of the quarry operation. (2) If the Board is not satisfied as to the accuracy of the quantity or value of the quarry products specified in any notice given in accordance with regulation 9, it shall assess the quantity and value of the quarry products before assessing the amount of levy due under paragraph (1). (3) The Board may assess the amount of levy due under paragraph (1) notwithstanding that no notice has been given to it under regulation 9. (4) Where it appears to the Board that an assessment of levy under paragraph (1) has been made at less than the proper amount, then, subject to paragraph (7), the Board may at any time make an additional assessment of levy due from the quarry operator in respect of the value of quarry products. (5) If a quarry operator fails to give any notice required to be given by him in accordance with regulation 9 and to give a reasonable excuse therefor within such period as the Board may allow in any case, the Board may, in addition to the levy assessed under paragraph (3), impose a surcharge on the quarry operator not exceeding twice the amount of the levy so assessed on the value of the quarry products in respect of which such failure occurred. (6) The Board shall notify the quarry operator in writing of any assessment of levy or imposition of surcharge. (7) An assessment or surcharge under this regulation may be made or imposed within- (a) 2 years after the cessation of the quarry operation; or (b) 1 year after evidence of facts, sufficient in the opinion of the Board to justify the making of the assessment or the imposition of the surcharge comes to its knowledge, whichever is the later. PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 11 Time within which levy or surcharge is to be paid VerDate:18/04/2008 PART IV PAYMENT OF LEVY OR SURCHARGE For the purposes of section 37 of the Ordinance, the amount of any levy or surcharge- (a) specified in a notice of assessment or a notice of surcharge; or (12 of 2006 s. 84) (b) specified in a notice given to a quarry operator under regulation 10, shall be paid by the contractor or quarry operator within 28 days after receipt by him of the notice. PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 11 Time within which levy or surcharge is to be paid VerDate:01/01/2008 PART IV PAYMENT OF LEVY OR SURCHARGE For the purposes of section 37 of the Ordinance, the amount of any levy or surcharge- (a) specified in a notice of assessment or a notice of surcharge; or (12 of 2006 s. 84) (b) specified in a notice given to a quarry operator under regulation 10, shall be paid by the contractor or quarry operator within 28 days after receipt by him of the notice. PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 11 Time within levy or surcharge to be paid VerDate:30/06/1997 PART IV PAYMENT OF LEVY OR SURCHARGE For the purposes of section 37 of the Ordinance, the amount of any levy or surcharge- (a) specified in a notice given to a contractor under regulation 6; or (b) specified in a notice given to a quarry operator under regulation 10, shall be paid by the contractor or quarry operator within 28 days after receipt by him of the notice. PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 12 Objection VerDate:18/04/2008 PART V OBJECTIONS AND APPEALS (1) Any person who is notified under regulation 6D(3) or 10(6) or section 35(5) of the Ordinance may, by notice in writing ("notice of objection") served on the Board within 21 days after the receipt of the notice, object to the levy or surcharge. (2) A notice of objection shall state the grounds of objection and shall be accompanied by all written statements and other documentary evidence relied upon by the objector in support of the objection. (3) An objection under paragraph (1) shall be considered by the appropriate committee of the Board which may confirm, cancel or reduce the levy or surcharge. (4) The Board shall notify the objector of the decision of the committee under paragraph (3) within 28 days after the receipt by the Board of the notice of objection and, if a levy or surcharge is cancelled or reduced, the Board shall forthwith refund to the objector the amount of the levy or any amount, including any amount of the penalty or further penalty, that has been paid in excess (as the case may be). (L.N. 32 of 1983) (12 of 2006 s. 84) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 12 Objection VerDate:01/01/2008 PART V OBJECTIONS AND APPEALS (1) Any person who is notified under regulation 6D(3) or 10(6) or section 35(5) of the Ordinance may, by notice in writing ("notice of objection") served on the Board within 21 days after the receipt of the notice, object to the levy or surcharge. (2) A notice of objection shall state the grounds of objection and shall be accompanied by all written statements and other documentary evidence relied upon by the objector in support of the objection. (3) An objection under paragraph (1) shall be considered by the appropriate committee of the Board which may confirm, cancel or reduce the levy or surcharge. (4) The Board shall notify the objector of the decision of the committee under paragraph (3) within 28 days after the receipt by the Board of the notice of objection and, if a levy or surcharge is cancelled or reduced, the Board shall forthwith refund to the objector the amount of the levy or any amount, including any amount of the penalty or further penalty, that has been paid in excess (as the case may be). (L.N. 32 of 1983) (12 of 2006 s. 84) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 12 Objection VerDate:30/06/1997 PART V OBJECTIONS AND APPEALS (1) Any person who is notified under regulation 6(8) or 10(6) of an assessment of levy, or imposition of surcharge may, by notice in writing served on the Board within 21 days after the receipt of the notice, object to the levy or surcharge. (2) A notice of objection under paragraph (1) shall state precisely the grounds of objection and shall be accompanied by all written statements and other documentary evidence relied upon by the objector in support of the objection. (3) An objection under paragraph (1) shall be considered by the appropriate committee of the Board which may confirm, cancel or reduce the levy or surcharge. (4) The Board shall notify the objector of the decision of the committee under paragraph (3) within 28 days after the receipt by the Board of the notice of objection under paragraph (1) and, if a levy or surcharge is cancelled or reduced, any amount which has been paid by the contractor in excess of that found to be due, excluding the amount of any penalty or further penalty which has been paid, shall forthwith be repaid by the Board to the objector. (L.N. 32 of 1983) PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 13 Appeals VerDate:18/04/2008 (1) An objector who is aggrieved by a decision notified to him under regulation 12(4) may appeal to the Court against that decision. (12 of 2006 s. 84) (2) An appeal under paragraph (1) shall be lodged within 30 days after the receipt of the notification by him. (3) An appeal under this regulation shall not be heard unless the amount of the levy or surcharge which is the subject matter of the appeal, including the amount of any penalty or further penalty, has been paid. (L.N. 32 of 1983) (4) On hearing any appeal under this regulation the Court may- (a) confirm, cancel or reduce the levy or surcharge; (b) if it cancels or reduces a levy or surcharge, order the repayment of the amount of levy or surcharge cancelled or reduced, and any amount of the penalty or further penalty which has been paid, with interest from the date of payment to the Board at such rate as the Court may determine or without interest; and (L.N. 32 of 1983; 12 of 2006 s. 84) (c) make such order as it thinks fit as to the payment of the costs of the hearing. PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 13 Appeals VerDate:01/01/2008 (1) An objector who is aggrieved by a decision notified to him under regulation 12(4) may appeal to the Court against that decision. (12 of 2006 s. 84) (2) An appeal under paragraph (1) shall be lodged within 30 days after the receipt of the notification by him. (3) An appeal under this regulation shall not be heard unless the amount of the levy or surcharge which is the subject matter of the appeal, including the amount of any penalty or further penalty, has been paid. (L.N. 32 of 1983) (4) On hearing any appeal under this regulation the Court may- (a) confirm, cancel or reduce the levy or surcharge; (b) if it cancels or reduces a levy or surcharge, order the repayment of the amount of levy or surcharge cancelled or reduced, and any amount of the penalty or further penalty which has been paid, with interest from the date of payment to the Board at such rate as the Court may determine or without interest; and (L.N. 32 of 1983; 12 of 2006 s. 84) (c) make such order as it thinks fit as to the payment of the costs of the hearing. PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 13 Appeals VerDate:30/06/1997 (1) An objector who is aggrieved with a decision notified to him under regulation 12(4) may appeal to the Court against that decision. (2) An appeal under paragraph (1) shall be lodged within 30 days after the receipt of the notification by him. (3) An appeal under this regulation shall not be heard unless the amount of the levy or surcharge which is the subject matter of the appeal, including the amount of any penalty or further penalty, has been paid. (L.N. 32 of 1983) (4) On hearing any appeal under this regulation the Court may- (a) confirm, cancel or reduce the levy or surcharge; (b) if it cancels or reduces a levy or surcharge, order the repayment of the amount of levy or surcharge cancelled or reduced, excluding the amount of any penalty or further penalty which has been paid, with interest from the date of payment to the Board at such rate as the Court may determine or without interest; and (L.N. 32 of 1983) (c) make such order as it thinks fit as to the payment of the costs of the hearing. PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 14 Provision of information and production of documents VerDate:09/05/2008 PART VI MISCELLANEOUS (1) A construction employer, contractor or authorized person concerned in any construction operations shall- (3 of 2004 s. 34) (a) provide the Board, or an officer of the Board authorized by it for the purposes of this regulation, within such time and in such form as the Board or such officer may specify, with such information relating to the construction operations (including information on any amount paid or payable in respect of the construction operations or any work connected therewith), or the name and address of the person for or by whom the construction operations are carried out, as the Board or such officer may require for the purposes of performing its or his functions under the Ordinance and these regulations; (b) on being so required by the Board or such officer, produce or cause to be produced any documents or records in his possession relating to the construction operations (including a document or record relating to any amount paid or payable in respect of the construction operations) for inspection by the Board or such officer and permit the Board or such officer to take copies or make extracts from them or to remove them for a reasonable period. (3 of 2004 s. 34; 10 of 2008 s. 68) (2) A quarry operator shall- (a) provide the Board, or an officer of the Board authorized by it for the purposes of this regulation, within such time and in such form as the Board or such officer may specify, with such information relating to the quarry operated by him (including information on any amount paid or payable in respect of the quarry products) as the Board or such officer may require for the purposes of performing its or his functions under the Ordinance and these regulations; (b) on being so required by the Board or such officer, produce or cause to be produced any documents or records in his possession relating to the quarry operated by him (including a document or record relating to any amount paid or payable in respect of the quarry products) for inspection by the Board or such officer and permit the Board or such officer to take copies or make extracts from them or to remove them for a reasonable period. (3) Any person who, without reasonable excuse, fail to comply with a requirement under this regulation when it is within his power to do so commits an offence and is liable to a fine of $1000. (12 of 2006 s. 84) PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 14 Provision of information and production of documents VerDate:18/04/2008 PART VI MISCELLANEOUS (1) A construction employer, contractor or authorized person concerned in any construction operations shall- (3 of 2004 s. 34) (a) provide the Board, or an officer of the Board authorized by it for the purposes of this regulation, within such time and in such form as the Board or such officer may specify, with such information relating to the construction operations (including information on any amount paid or payable in respect of the construction operations or any work connected therewith), or the name and address of the person for or by whom the construction operations are carried out, as the Board or such officer may require for the purposes of performing its or his functions under the Ordinance and these regulations; (b) on being so required by the Board or such officer, produce or cause to be produced any documents or records in his possession relating to the construction operations (including a document or record relating to any amount paid or payable in respect of the construction operations) for inspection by the Board or such officer and permit the Board or such officer to take copies or make extracts from them or to remove them for a reasonable period. (3 of 2004 s. 34; 10 of 2008 s. 68) (2) A quarry operator shall- (a) provide the Board, or an officer of the Board authorized by it for the purposes of this regulation, within such time and in such form as the Board or such officer may specify, with such information relating to the quarry operated by him (including information on any amount paid or payable in respect of the quarry products) as the Board or such officer may require for the purposes of performing its or his functions under the Ordinance and these regulations; (b) on being so required by the Board or such officer, produce or cause to be produced any documents or records in his possession relating to the quarry operated by him (including a document or record relating to any amount paid or payable in respect of the quarry products) for inspection by the Board or such officer and permit the Board or such officer to take copies or make extracts from them or to remove them for a reasonable period. (3) Any person who, without reasonable excuse, fail to comply with a requirement under this regulation when it is within his power to do so commits an offence and is liable to a fine of $1000. (12 of 2006 s. 84) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 14 Provision of information and production of documents VerDate:01/01/2008 PART VI MISCELLANEOUS (1) A construction employer, contractor or authorized person concerned in any construction operations shall- (3 of 2004 s. 34) (a) provide the Board, or an officer of the Board authorized by it for the purposes of this regulation, within such time and in such form as the Board or such officer may specify, with such information relating to the construction operations (including information on any amount paid or payable in respect of the construction operations or any work connected therewith), or the name and address of the person for or by whom the construction operations are carried out, as the Board or such officer may require for the purposes of performing its or his functions under the Ordinance and these regulations; (b) on being so required by the Board or such officer, produce or cause to be produced any documents or records in his possession relating to the construction operations (including a document or record relating to any amount paid or payable in respect of the construction operations) for inspection by the Board or such officer and permit the Board or such officer to take copies or make extracts from them or to remove them for a reasonable period. (3 of 2004 s. 34; 10 of 2008 s. 68) (2) A quarry operator shall- (a) provide the Board, or an officer of the Board authorized by it for the purposes of this regulation, within such time and in such form as the Board or such officer may specify, with such information relating to the quarry operated by him (including information on any amount paid or payable in respect of the quarry products) as the Board or such officer may require for the purposes of performing its or his functions under the Ordinance and these regulations; (b) on being so required by the Board or such officer, produce or cause to be produced any documents or records in his possession relating to the quarry operated by him (including a document or record relating to any amount paid or payable in respect of the quarry products) for inspection by the Board or such officer and permit the Board or such officer to take copies or make extracts from them or to remove them for a reasonable period. (3) Any person who, without reasonable excuse, fail to comply with a requirement under this regulation when it is within his power to do so commits an offence and is liable to a fine of $1000. (12 of 2006 s. 84) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 14 Furnishing of information and production of documents VerDate:01/06/2004 PART VI MISCELLANEOUS (1) A construction employer, contractor or authorized person concerned in any construction operations shall- (3 of 2004 s. 34) (a) provide the Board, or an officer of the Board authorized by it for the purposes of this regulation, within such time and in such form as the Board or such officer may specify, with such information relating to the construction operations (including any amount paid or payable in respect of the construction operations or any work connected therewith), or the name and address of the person for or by whom the construction operations are undertaken, as the Board or such officer may require; (b) on being so required by the Board or such officer, produce or cause to be produced any documents or records in his possession relating to the construction operations (including any amount paid or payable in respect of the construction operations) for inspection by the Board or such officer and permit the Board or such officer to take copies or make extracts from them or to remove them for a reasonable period. (3 of 2004 s. 34; 10 of 2008 s. 68) (2) A quarry operator shall- (a) provide the Board, or an officer of the Board authorized by it for the purposes of this regulation, within such time and in such form as the Board or such officer may specify, with such information relating to the quarry operated by him (including any amount paid or payable in respect of the quarry products) as the Board or such officer may require; (b) on being so required by the Board or such officer, produce or cause to be produced any documents or records in his possession relating to the quarry operated by him (including any amount paid or payable in respect of the quarry products) for inspection by the Board or such officer and permit the Board or such officer to take copies or make extracts from them or to remove them for a reasonable period. (3) Any person who, without reasonable excuse, fail to comply with a requirement under this regulation when it is within his power to do so commits an offence and is liable to a fine of $1000. PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 14 Furnishing of information and production of documents VerDate:30/06/1997 PART VI MISCELLANEOUS (1) An employer, contractor or authorized person concerned in any construction works shall- (a) provide the Board, or an officer of the Board authorized by it for the purposes of this regulation, within such time and in such form as the Board or such officer may specify, with such information relating to the construction works (including any amount paid or payable in respect of the construction works or any work connected therewith), or the name and address of the person for or by whom the construction works are being undertaken, as the Board or such officer may require; (b) on being so required by the Board or such officer, produce or cause to be produced any documents or records in his possession relating to the construction works (including any amount paid or payable in respect of the construction works) for inspection by the Board or such officer and permit the Board or such officer to take copies or make extracts from them or to remove them for a reasonable period. (2) A quarry operator shall- (a) provide the Board, or an officer of the Board authorized by it for the purposes of this regulation, within such time and in such form as the Board or such officer may specify, with such information relating to the quarry operated by him (including any amount paid or payable in respect of the quarry products) as the Board or such officer may require; (b) on being so required by the Board or such officer, produce or cause to be produced any documents or records in his possession relating to the quarry operated by him (including any amount paid or payable in respect of the quarry products) for inspection by the Board or such officer and permit the Board or such officer to take copies or make extracts from them or to remove them for a reasonable period. (3) Any person who, without reasonable excuse, fail to comply with a requirement under this regulation when it is within his power to do so commits an offence and is liable to a fine of $1000. PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 15 Protection of information given under regulation 14 VerDate:18/04/2008 (1) Subject to paragraph (2), no person shall disclose otherwise than to the Board, or to an employee of the Board in his official capacity, any information provided or obtained under regulation 14 (including information provided or obtained from documents or records) without the consent of the person who provided it or from whom it was obtained. (2) Paragraph (1) does not apply- (a) in the case of construction operations- (3 of 2004 s. 35) (i) to the provision of information under section 59 or 60 of the Construction Industry Council Ordinance (Cap 587); (12 of 2006 s. 84) (ia) to the provision of information under section 31(1) of the Construction Workers Registration Ordinance (Cap 583); (12 of 2006 s. 84) (ii) to the disclosure of information in the form of a summary of similar information provided by or obtained from a number of construction employers, contractors or authorized persons if the summary is so framed as not to enable particulars relating to any particular contractor's business to be ascertained from it; (3 of 2004 s. 35) (iii) to the disclosure of information by the Board to any person authorized or employed by it for the purpose of checking or ascertaining the value of construction operations; (L.N. 32 of 1983; 3 of 2004 s. 35; 12 of 2006 s. 84) (iv) to the disclosure of information by the Board to the Construction Industry Council established under the Construction Industry Council Ordinance (Cap 587); (L.N. 32 of 1983; 12 of 2006 s. 84) (v) to the disclosure of information by the Board to the Construction Workers Registration Authority established under the Construction Workers Registration Ordinance (Cap 583); or (12 of 2006 s. 84) (vi) to the supply of a copy of personal data in compliance with a data access request under section 18 of the Personal Data (Privacy) Ordinance (Cap 486); (12 of 2006 s. 84) (b) in the case of qualify industry, to the disclosure of information in the form of a summary of similar information provided by or obtained from a number of quarry operators if the, summary is so framed as not to enable particulars relating to any particular quarry operator's business to be ascertained from it; (c) to any disclosure of information made for the purpose of any legal proceedings brought under the Ordinance or these regulations, or for the purposes of any report of any such proceedings. (3) Any person who intentionally discloses any information in contravention of this regulation commits an offence and is liable to a fine of $2000. PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 15 Protection of information given under regulation 14 VerDate:01/01/2008 (1) Subject to paragraph (2), no person shall disclose otherwise than to the Board, or to an employee of the Board in his official capacity, any information provided or obtained under regulation 14 (including information provided or obtained from documents or records) without the consent of the person who provided it or from whom it was obtained. (2) Paragraph (1) does not apply- (a) in the case of construction operations- (3 of 2004 s. 35) (i) to the provision of information under section 59 or 60 of the Construction Industry Council Ordinance (Cap 587); (12 of 2006 s. 84) (ia) to the provision of information under section 31(1) of the Construction Workers Registration Ordinance (Cap 583); (12 of 2006 s. 84) (ii) to the disclosure of information in the form of a summary of similar information provided by or obtained from a number of construction employers, contractors or authorized persons if the summary is so framed as not to enable particulars relating to any particular contractor's business to be ascertained from it; (3 of 2004 s. 35) (iii) to the disclosure of information by the Board to any person authorized or employed by it for the purpose of checking or ascertaining the value of construction operations; (L.N. 32 of 1983; 3 of 2004 s. 35; 12 of 2006 s. 84) (iv) to the disclosure of information by the Board to the Construction Industry Council established under the Construction Industry Council Ordinance (Cap 587); (L.N. 32 of 1983; 12 of 2006 s. 84) (v) to the disclosure of information by the Board to the Construction Workers Registration Authority established under the Construction Workers Registration Ordinance (Cap 583); or (12 of 2006 s. 84) (vi) to the supply of a copy of personal data in compliance with a data access request under section 18 of the Personal Data (Privacy) Ordinance (Cap 486); (12 of 2006 s. 84) (b) in the case of qualify industry, to the disclosure of information in the form of a summary of similar information provided by or obtained from a number of quarry operators if the, summary is so framed as not to enable particulars relating to any particular quarry operator's business to be ascertained from it; (c) to any disclosure of information made for the purpose of any legal proceedings brought under the Ordinance or these regulations, or for the purposes of any report of any such proceedings. (3) Any person who intentionally discloses any information in contravention of this regulation commits an offence and is liable to a fine of $2000. PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 15 Non-disclosure of information provided VerDate:01/06/2004 (1) Subject to paragraph (2), no person shall disclose otherwise than to the Board, or to an employee of the Board in his official capacity, any information provided or obtained under regulation 14 (including information provided or obtained from documents or records) without the consent of the person who provided it or from whom it was obtained. (2) Paragraph (1) does not apply- (a) in the case of construction operations- (3 of 2004 s. 35) (i) to the furnishing of information under section 31 of the Industrial Training (Construction Industry) Ordinance; (L.N. 32 of 1983) (ii) to the disclosure of information in the form of a summary of similar information provided by or obtained from a number of construction employers, contractors or authorized persons if the summary is so framed as not to enable particulars relating to any particular contractor's business to be ascertained from it; (3 of 2004 s. 35) (iii) to the disclosure of information by the Board to any person authorized or employed by it for the purpose of checking or ascertaining the value of construction operations; or (L.N. 32 of 1983; 3 of 2004 s. 35) (iv) to the disclosure of information by the Board to the Construction Industry Training Authority established under the Industrial Training (Construction Industry) Ordinance (Cap 317); (L.N. 32 of 1983) (b) in the case of qualify industry, to the disclosure of information in the form of a summary of similar information provided by or obtained from a number of quarry operators if the, summary is so framed as not to enable particulars relating to any particular quarry operator's business to be ascertained from it; (c) to any disclosure of information made for the purpose of any legal proceedings brought under the Ordinance or these regulations, or for the purposes of any report of any such proceedings. (3) Any person who intentionally discloses any information in contravention of this regulation commits an offence and is liable to a fine of $2000. PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 15 Non-disclosure of information provided VerDate:30/06/1997 (1) Subject to paragraph (2), no person shall disclose otherwise than to the Board, or to an employee of the Board in his official capacity, any information provided or obtained under regulation 14 (including information provided or obtained from documents or records) without the consent of the person who provided it or from whom it was obtained. (2) Paragraph (1) does not apply- (a) in the case of construction works- (i) to the furnishing of information under section 31 of the Industrial Training (Construction Industry) Ordinance; (L.N. 32 of 1983) (ii) to the disclosure of information in the form of a summary of similar information provided by or obtained from a number of employers, contractors or authorized persons if the summary is so framed as not to enable particulars relating to any particular contractor's business to be ascertained from it; (iii) to the disclosure of information by the Board to any person authorized or employed by it for the purpose of checking or ascertaining the value of construction works; or (L.N. 32 of 1983) (iv) to the disclosure of information by the Board to the Construction Industry Training Authority established under the Industrial Training (Construction Industry) Ordinance (Cap 317); (L.N. 32 of 1983) (b) in the case of qualify industry, to the disclosure of information in the form of a summary of similar information provided by or obtained from a number of quarry operators if the, summary is so framed as not to enable particulars relating to any particular quarry operator's business to be ascertained from it; (c) to any disclosure of information made for the purpose of any legal proceedings brought under the Ordinance or these regulations, or for the purposes of any report of any such proceedings. (3) Any person who intentionally discloses any information in contravention of this regulation commits an offence and is liable to a fine of $2000. PNEUMOCONIOSIS AND MESOTHELIOMA (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 16 Appointment of authorized persons VerDate:18/04/2008 (1) If the Crown is the construction employer in respect of any construction operations, a person shall be appointed by or on behalf of the Crown to perform the functions of an authorized person. (12 of 2006 s. 84) (2) In any other case, the construction employer in respect of any construction operations shall, if no authorized person is appointed under section 4 of the Buildings Ordinance (Cap 123), appoint a person to perform the functions of an authorized person. (12 of 2006 s. 84) (3) For the purposes of enabling the Board to perform its functions, under the Ordinance and these regulations, in relation to the collection or assessment of any levy payable in respect of any construction operations, a construction employer to whom paragraph (2) applies shall, before the commencement of the construction operations, supply to the Board, in a form specified by it, the name of the person appointed under that paragraph and the name of the contractor in respect of the construction operations. (12 of 2006 s. 84) (4) (Repealed 12 of 2006 s. 84) (5) Any person who fails to comply with paragraph (2) or (3) commits an offence and is liable to a fine of $2000. (12 of 2006 s. 84) (6) Paragraph (3) applies only if— (a) the construction operations are carried out under a term contract; or (b) it is reasonably estimated that the total value of the construction operations exceeds the amount specified in Part 1 of Schedule 5 to the Ordinance. (12 of 2006 s. 84) (3 of 2004 s. 36) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 16 Appointment of authorized persons VerDate:01/01/2008 (1) If the Crown is the construction employer in respect of any construction operations, a person shall be appointed by or on behalf of the Crown to perform the functions of an authorized person. (12 of 2006 s. 84) (2) In any other case, the construction employer in respect of any construction operations shall, if no authorized person is appointed under section 4 of the Buildings Ordinance (Cap 123), appoint a person to perform the functions of an authorized person. (12 of 2006 s. 84) (3) For the purposes of enabling the Board to perform its functions, under the Ordinance and these regulations, in relation to the collection or assessment of any levy payable in respect of any construction operations, a construction employer to whom paragraph (2) applies shall, before the commencement of the construction operations, supply to the Board, in a form specified by it, the name of the person appointed under that paragraph and the name of the contractor in respect of the construction operations. (12 of 2006 s. 84) (4) (Repealed 12 of 2006 s. 84) (5) Any person who fails to comply with paragraph (2) or (3) commits an offence and is liable to a fine of $2000. (12 of 2006 s. 84) (6) Paragraph (3) applies only if— (a) the construction operations are carried out under a term contract; or (b) it is reasonably estimated that the total value of the construction operations exceeds the amount specified in Part 1 of Schedule 5 to the Ordinance. (12 of 2006 s. 84) (3 of 2004 s. 36) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 16 Appointment of authorized persons and notification of appointment of authorized persons or contractors VerDate:01/06/2004 (1) If any construction operations are to be carried out for the Crown, a person shall be appointed by or on behalf of the Crown to perform the functions of an authorized person under these regulations in respect of such construction operations. (2) Subject to paragraph (1), every person for whom construction operations are to be undertaken shall, if no authorized person has been appointed under section 4 of the Buildings Ordinance (Cap 123), appoint a person to be the authorized person under these regulations in respect of such construction operations. (3 of 2004 s. 36) (3) Any person who has appointed an authorized person under paragraph (2) shall, before the commencement of the construction operations concerned, inform the Board of the respective names of- (3 of 2004 s. 36) (a) the person appointed under that paragraph; and (b) the contractor in respect of the construction operations. (4) Every person who is appointed under paragraph (2) or who is the contractor in respect of any construction operations to which this regulation applies shall inform the Board in writing of that fact before the commencement of the operations. (3 of 2004 s. 36) (5) Any person who fails to comply with paragraph (2), (3) or (4) commits an offence and is liable to a fine of $2000. (3 of 2004 s. 36) PNEUMOCONIOSIS (COMPENSATION) (ASSESSMENT OF LEVY) REGULATIONS - REGULATION 16 Appointment of authorized persons VerDate:30/06/1997 (1) Where the Crown is the employer in respect of any construction works, a person shall be appointed by or on behalf of the Crown to perform the functions of an authorized person under these regulations in respect of such construction works. (2) Every person by whom or on whose behalf construction works are to be undertaken shall, if no authorized person has been appointed under section 4 of the Buildings Ordinance (Cap 123), appoint a person to be the authorized person under these regulations in respect of such construction works. (3) Every person by whom or on whose behalf construction works, other than building or street works, are to be undertaken shall before the commencement of the works inform the Board in writing of the names of- (a) the person appointed under paragraph (2); and (b) the contractor. (4) Every person who is appointed under paragraph (2) or who is employed as a contractor in respect of construction works shall inform the Board in writing of that fact before the commencement of the works. (5) Any person who fails to comply with paragraph (2), (3) or (4) commits an offence and is liable to a fine of $2000.