Regulation 23 Fees for interventionI1

Subject to regulation 24, if—

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

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).

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).

For the purposes of paragraphs (6) and (7) and regulations 24 and 25, “fee for intervention” means the fee described in paragraphs (1) to (3).

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”^f1.

A written notification under paragraph (1) must—

A 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.