[F124A Recovery of expenses by [F2 Health and Safety Executive ] [F2 ONR ] E+W+S
[F3(1)This section applies to any expenses incurred by the [F4Health and Safety Commission ("the Commission") which, in either case, the Executive may][F4ONR which the ONR may] determine to be incurred wholly or partly in connection with—
(a)the carrying into effect of [F5such of the provisions of this Act as are mentioned in Schedule 1 to the Health and Safety at Work etc. Act 1974][F5sections 1, 3 to 6 and 22, and this section of this Act]; or
(b)the carrying out of research into nuclear safety. ]
(2) Without prejudice to the generality of subsection (1) of this section, the reference in that subsection to expenses incurred by the [F6Executive][F6ONR] includes any sums paid by it by way of remuneration, allowances or other payments to inspectors appointed under [F7the Health and Safety at Work etc. Act 1974][F7Schedule 8 to the Energy Act 2013].
(3)In such cases and to such extent as it may appear to the [F8Executive][F8ONR] appropriate to do so, the [F8Executive][F8ONR] shall require a person who has applied for a nuclear site licence to repay to it so much of any expenses to which this section applies as may appear to it to be attributable to dealing with the application.
(4)In such cases and to such extent as it may appear to the [F8Executive][F8ONR] to be appropriate to do so, the [F8Executive][F8ONR] shall require a person to whom a nuclear site licence has been granted to repay to it—
(a)so much of any expenses to which this section applies as may appear to it to be attributable to any nuclear installation in respect of which the licence has been granted; and
(b)so much of any expenses to which this section applies which are not otherwise recoverable under this section as it thinks fit.
(5)A person shall comply with any requirement made of him under this section.
(6)Any liability of a person in respect of sums payable by him under this section on account of pensions shall, if the [F9Executive][F9ONR] so determines, be satisfied by way of contributions calculated, at such rate as may be determined by the Treasury, by reference to remuneration.
(7)Where the [F9Executive][F9ONR] anticipates that a person who has applied for or has been granted a nuclear site licence will become subject to a liability under this section, it may require him to make to it a payment or payments on account of the liability.
(8)Where a person has made a payment under subsection (7) of this section on account of an anticipated liability, then—
(a)if he does not become subject to the liability, the [F9Executive][F9ONR] shall be liable to repay the payment to him; and
(b)if the amount of the liability to which he becomes subject is less than the amount paid under that subsection, the [F9Executive][F9ONR] shall be liable to repay the difference to him.]
Textual Amendments
F1S. 24A inserted by Atomic Energy Act 1989 (c. 7, SIF 8), s. 2(1)–(3)
F2Words in s. 24A heading substituted (E.W.S.) (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 25(5); S.I. 2014/251, art. 4
F3S. 24(1) substituted (1.4.2008) by Legislative Reform (Health and Safety Executive) Order 2008 S.I. 960, Sch. 3
F4Words in s. 24A(1) substituted (E.W.S.) (1.4.2014) by virtue of Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 25(2)(a); S.I. 2014/251, art. 4
F5Words in s. 24A(1)(a) substituted (E.W.S.) (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 25(2)(b); S.I. 2014/251, art. 4
F6Word in s. 24A(2) substituted (E.W.S.) (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 25(3)(a); S.I. 2014/251, art. 4
F7Words in s. 24A(2) substituted (E.W.S.) (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 25(3)(b); S.I. 2014/251, art. 4
F8Word in s. 24A(3)(4) substituted (E.W.S.) (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 25(4); S.I. 2014/251, art. 4; S.I. 2014/251, art. 4
F9Word in ss. 24A(6)-(8) substituted (E.W.S.) (1.4.2014) by Energy Act 2013 (c. 32), s. 156(1), Sch. 12 para. 25(4); S.I. 2014/251, art. 4