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

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 regu...

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