The Health and Safety (Fees) Regulations 2010

Provisions supplementary to regulations 14 to 16

17.—(1) Any fee referred to in regulations 14 to 16 above—

(a) is not to exceed the sum of the costs reasonably incurred by the Executive for the performance of the function or, in the case of regulation 16(1) and (2), the carrying out of the work referred to in the respective regulation; and

(b) is payable within 30 days from the date of the invoice that the Executive has sent or given to the person who must pay that fee, and such invoices must include a statement of the work done and the costs incurred, including the period to which the statement relates.

(2) No fee payable under regulations 14 to 16 is to include any costs connected with—

(a) in England and Wales, any criminal investigation or prosecution incurred (in either case) from the date any summons is obtained from a Magistrates’ Court;

(b) in Scotland, criminal investigation or prosecution incurred (in either case) after such time as—

(i) the inspector undertaking the investigation submits a report to the Procurator Fiscal for a decision as to whether a prosecution should be brought; or

(ii) the Procurator Fiscal intervenes in the investigation,

whichever is the sooner; or

(c) any appeal pursuant to section 24 of the 1974 Act (appeal against improvement or prohibition notice) and regulation 16(1) and (3)(b) of, and Schedules 1 and 4 to, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004(1).

(3) For the purposes of regulation 14 and paragraph (2)(a) and (b), an installation is treated as being in England and Wales if it is in the English area within the meaning of article 1 of the Civil Jurisdiction (Offshore Activities) Order 1987(2) and in Scotland if it is in the Scottish area within the meaning of that article.

(4) Any reference in regulation 14 to a person who has prepared a current safety case includes a reference to—

(a) a person who must prepare a safety case, and in that connection as if any reference in that regulation to the installation to which the current safety case relates were a reference to the installation to which the safety case would have related if it had been prepared in accordance with such requirement; and

(b) a person who is treated as having prepared a current safety case by virtue of regulation 2(9) of the 2005 Regulations.

(5) Any reference in regulation 15 to a person who has prepared a safety case includes a reference to a person who must prepare a safety case, and in that connection as if any reference in that regulation to the network to which the safety case relates were a reference to the network to which the safety case would have related if it had been prepared in accordance with such requirement.

(6) Any reference in regulations 14 to 16 to work carried out by a contractor is a reference to work carried out for the benefit of the person by whom the fees are payable under that regulation by a contractor or a contractor’s employees, whether pursuant to an agreement or an arrangement which the contractor has made with that person or with another person.

(7) Any reference in regulations 14 to 16 to a function conferred on an inspector by the 1974 Act which relates to enforcement against a person of any of the relevant statutory provisions includes a reference to any function conferred on an inspector by that Act which is exercised for the purpose of carrying into effect those provisions in relation to that person.

(1)

S.I. 2004/1861, amended by S.I. 2004/2351, 2005/435, 2005/1865, 2007/2142, 2007/2602, 2007/3224, 2008/2683 and 2008/3240; there are other amending instruments but none is relevant.

(2)

S.I. 1987/2197.