The Health and Safety and Nuclear (Fees) Regulations 2022are a set of regulations that enable the Health and Safety Executive (HSE) and the Office for Nuclear Regulation (ONR) to charge fees to recover their costs where they find an organisation in material breach of health and safety laws. The regulations apply to any person who is subject to the relevant health and safety legislation, such as employers, self-employed persons, contractors, suppliers, designers, manufacturers, importers or installers. The regulations specify the fees for different types of activities, such as applications for approval, registration, consent, authorisation, certification or notification under various health and safety regulations. The regulations also provide for exemptions, discounts, refunds and appeals in relation to the fees.
The evidence requirements of the Health and Safety and Nuclear (Fees) Regulations 2022 are as follows:
· The HSE or the ONR must have evidence that a person is contravening or has contravened health and safety laws, and notify the person in writing of their opinion.
· The person must provide evidence of compliance with the health and safety laws within a specified period, or challenge the opinion of the HSE or the ONR by requesting a review or an appeal.
· The HSE or the ONR must provide evidence of the costs incurred in relation to the contravention, such as inspection, investigation, enforcement or other regulatory action.
· The person must pay the fees within 30 days of receiving an invoice from the HSE or the ONR, unless they have a valid reason for not doing so.
· The person may be entitled to a refund or a discount of the fees if they provide evidence that they have rectified the contravention, or that the HSE or the ONR have made an error in calculating or charging the fees.
The Health and Safety and Nuclear (Fees) Regulations 2022 (legislation.gov.uk)
There are no exemptions to this regulation.
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