The Health and Safety Executive settled a judicial review of its the Fee for Intervention Scheme dispute process out of court; before the High Court hearing 8 March 2017.
Using the ‘polluter pays’ principle, Fee For Intervention seeks to put the cost of health and safety regulation onto organisations that an Inspector considers to be in breach of legislation. The Judicial Review did not challenge Fee for Intervention in principle. It concerned instead the independence, fairness and transparency of the dispute process.
By current arrangements, if a duty holder challenges the imposed Fee, the HSE police the decisions of their own Inspector. Under a consent order in the High Court on 23 February 2017, HSE agreed to introduce a revised dispute resolution process by 1 September 2017.
HSE ran a consultation between 21 April and 2 June 2017 seeking views on:
- the information which HSE will provide
- how representation can be made
- how disputes will be considered
- suspension of the dispute process where an investigation or appeal against an enforcement notice is on-going.
The consultation ended on 2 June 2017.
The attached document gives our response to CD284 on behalf of the industry which we submitted on 1 June 2017…