Fee For Intervention: Going Strong Four Years On?

As the fourth birthday of the Health and Safety Executive's (HSE) controversial Fee for Intervention Scheme (the "Scheme") passes we examine what the future holds, as revenues continue to fall short of anticipated levels and the Scheme finds itself challenged by judicial review.

Background

The Scheme was launched in October 2012, following the introduction of the Health and Safety (Fees) Regulations 2012, which placed a duty on the HSE to recover its costs from those it regulates. This extended the scope of the HSE's cost recovery powers and allowed it to recoup the costs of any intervention arising from the identification of a material contravention of health and safety law by a dutyholder.