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Fee for intervention scheme still needs improvement

The HSE consultation on resolving cost recovery disputes does little to satisfy lawyers’ complaints about lack of impartiality, write Richard Crockford and Rebecca Connell

20 June 2017

The fee for intervention (FFI) cost recovery scheme was first introduced on 1 October 2012. It provides a means by which the Health and Safety Executive (HSE) can recover the costs of performance of its statutory functions where an HSE inspector is of the opinion that a person is contravening or has contravened one or more relevant statutory provisions for which the executive is the enforcing authority.

By regulation 24(5) of the Health and Safety and Nuclear (Fees) Regulations 2016, and the earlier 2012 Regulations, the secretary of state granted the HSE the duty and power to create a procedure to resolve disputes in relation to the fees it may claim under these regulations.

The dispute process introduced by the HSE provided duty holders with the means to challenge the alleged contravention as well as the amount of fees charged, firstly by way of a ‘query’. Upon...

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