The Health and Safety and Nuclear (Fees) Regulations 2016

Fees for intervention

22.—(1) Subject to regulation 23, if—

(a) a person is contravening or has contravened one or more of the relevant statutory provisions for which the Executive is the enforcing authority; and

(b) an inspector is of the opinion that that person is doing so or has done so, and notifies that person in writing of that opinion,

a fee is payable by that person to the Executive for its performance of the functions described in paragraphs (2) and (3).

(2) The fee referred to in paragraph (1) is payable for the performance by the Executive of any function conferred on it by the relevant statutory provisions, in consequence of any contravention referred to in the opinion notified to that person pursuant to paragraph (1)(b).

(3) Where, during a site-visit, an inspector forms the opinion that a person is contravening or has contravened one or more of the relevant statutory provisions, the fee referred to in paragraph (1) is payable for the performance by the Executive, during that site-visit, of any function conferred on it by the relevant statutory provisions for which no fee is payable by virtue of paragraph (2).

(4) For the purposes of paragraphs (6) and (7) and regulations 23 and 24, “fee for intervention” means the fee described in paragraphs (1) to (3).

(5) An inspector of the opinion that a person is contravening or has contravened one or more of the relevant statutory provisions must have regard, when deciding whether to notify that person in writing of that opinion, to the guidance entitled “HSE 47 – Guidance on the application of Fee for Intervention” (1st edition) approved by the Executive on 11th June 2012(1).

(6) A written notification under paragraph (1) must—

(a) specify the provision or provisions to which that inspector’s opinion relates;

(b) give particulars of the reasons for that opinion; and

(c) inform the person to whom it is given that fee for intervention is payable to the Executive in accordance with this regulation and regulation 23.

(7) Fee for intervention is payable by a person in respect of the functions described in paragraph (3) only to the extent that the performance of any such function by the Executive is reasonably attributable to that person.

(1)

A corrected version was published in September 2012. The guidance was also amended in November 2013 and March 2014.