The Health and Safety (Fees) Regulations 2012

Provisions supplementary to regulation 23

24.—(1) Fee for intervention is not to exceed the sum of the costs reasonably incurred by the Executive for its performance of the functions referred to in paragraphs (2) and (3) of regulation 23.

(2) Fee for intervention is payable within 30 days from the date of each 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.

(3) No fee for intervention is payable by a person to the extent that an opinion of an inspector that that person is contravening or has contravened one or more of the relevant statutory provisions relates to any contravention which, having regard to the guidance specified in regulation 23(5), should not have been notified in writing to that person.

(4) No fee for intervention is payable in relation to any contravention of the relevant statutory provisions in consequence of which the Executive performed any function prior to the day on which these Regulations come into force.

(5) No fee for intervention is payable for the performance by any inspector not employed by the Executive of any function conferred on it by the relevant statutory provisions.

(6) No fee for intervention payable for or in connection with any contravention of the relevant statutory provisions is to include any costs connected with—

(a)in England and Wales, any criminal investigation or prosecution, incurred (in either case) from the date on which any information is laid or, as the case may be, any written charge is issued;

(b)in Scotland, any criminal investigation or prosecution, incurred (in either case) after such time as the Executive submits a report to the Procurator Fiscal for a decision as to whether a prosecution should be brought;

(c)any appeal pursuant to section 24 of the 1974 Act(1) (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(2); or

(d)any functions performed from the date on which the Executive formally notifies a person that, but for section 48(1) of the 1974 Act, it would have commenced a criminal prosecution against that person in relation to any such contravention.

(7) No fee for intervention is payable by a person in respect of any contravention of the relevant statutory provisions by that person in his or her capacity as an employee.

(8) No fee for intervention is payable by a self-employed person in respect of any contravention by that self-employed person of the relevant statutory provisions which does not and did not expose any other person to a health or safety risk.

(9) Subject to paragraph (10), no fee for intervention is payable for the performance by the Executive of any function conferred on it by the relevant statutory provisions to the extent that, in respect of any such function—

(a)another fee is payable or has been paid; or

(b)expenses are repayable, or have been repaid, pursuant to section 24A of the Nuclear Installations Act 1965(3).

(10) No fee for intervention is payable for the performance by the Executive of any function conferred on it by the relevant statutory provisions in respect of which fee for intervention is payable or has been paid in consequence of an opinion previously notified in accordance with paragraphs (1), (5) and (6) of regulation 23.

(11) No fee for intervention is payable in respect of any contravention of the relevant statutory provisions which relates to any activity involving genetic modification.

(12) In paragraph (11), “activity involving genetic modification” has the same meaning as in the Genetically Modified Organisms (Contained Use) Regulations 2000(4).

(13) No fee for intervention is payable in respect of any contravention of the relevant statutory provisions which relates to any of the activities specified in paragraph 3(3) of Part 1 of Schedule 3 to the Control of Substances Hazardous to Health Regulations 2002(5).

(14) No fee for intervention is payable by a person who holds a licence to undertake work with asbestos in respect of any contravention of the relevant statutory provisions which relates to licensable work with asbestos.

(15) In paragraph (14), “licensable work with asbestos” has the same meaning as in the Control of Asbestos Regulations 2012(6), and “work with asbestos” is to be construed in accordance with regulation 2(2) of those Regulations.

(16) No fee for intervention is payable for the performance by the Executive of any function conferred on the Executive by—

(a)the Control of Major Accident Hazards Regulations 1999(7);

(b)the Genetically Modified Organisms (Contained Use) Regulations 2000(8);

(c)the Biocidal Products Regulations 2001(9); and

(d)the Chemicals (Hazard Information and Packaging for Supply) Regulations 2009(10).