The Health and Safety and Nuclear (Fees) Regulations 2021

Repayments and disputes

25.—(1) If a person is—

(a) charged with, but not convicted of, a criminal offence; or

(b) served with an enforcement notice that is subsequently cancelled,

the Executive must repay such part of any fee for intervention paid as is wholly and exclusively attributable to the performance by the Executive of functions relating only to that criminal offence or, as the case may be, the preparation and service of that enforcement notice.

(2) If—

(a) a person is charged with, but not convicted of, more than one criminal offence; or

(b) two or more enforcement notices served on a person are subsequently cancelled,

the Executive must repay such part of any fee for intervention paid as is wholly and exclusively attributable to the performance by the Executive of functions relating only to the criminal offences of which that person is not convicted or, as the case may be, the preparation and service of the enforcement notices that are cancelled.

(3) Paragraphs (1)(a) and (2)(a) apply only in the following circumstances—

(a) where the person is acquitted of the criminal offence with which they have been charged (including, in Scotland, where a verdict of not proven is delivered); or

(b) where proceedings are concluded and the Inspector no longer reasonably holds the opinion set out in regulation 23(1).

(4) Where all or part of any fee for intervention paid to the Executive was paid in error, the Executive must repay that fee for intervention or, as the case may be, that part of that fee for intervention.

(5) Where a person has been charged with one or more criminal offences or served with one or more enforcement notices, that person is not obliged to pay a fee for intervention to the extent that that fee, when paid, would be repayable in accordance with paragraph (1) or (2) because—

(a) that person has not been convicted of one or more of those criminal offences; or

(b) one or more of those enforcement notices has been cancelled.

(6) The Executive must provide a procedure by which disputes relating to fees for intervention will be considered.

(7) If a dispute relating to a fee for intervention is not upheld, the fee for intervention payable is to include costs reasonably incurred by the Executive in handling the dispute.

(8) For the purposes of this regulation, “enforcement notice” means an improvement notice or a prohibition notice.