Dentons

International Top 30 position: 4

What’s the cost? The Fee for Intervention scheme

Since October 2012, the Fee for Intervention (FFI) scheme has given the Health and Safety Executive (HSE) a statutory power to recover its costs from those found to be in material breach of health and safety law. The HSE may recover its costs simply by serving notice of contravention followed by an invoice on the company in question. If a company disagrees with the invoice, it may dispute it. Controversially, the process for disputing the invoice involves appealing to the HSE itself — not exactly an independent tribunal.

Businesses responding to an FFI face a difficult dilemma. On the one hand, paying a relatively small amount charged by the HSE may seem a relatively cost-effective way to deal with a compliance issue, especially when compared with the cost and uncertainty of appealing against an invoice.

On the other hand, companies are rightly reluctant to pay an invoice where they disagree with the HSE officer’s opinion that they were in material breach. In such circumstances, payment seems like an admission of liability. This article takes a closer look at the implications of paying an FFI and, in doing so, suggests that a more robust response to the regulator is often warranted…

Click on the link below to read the rest of the Dentons briefing.  

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Dentons

View more briefings from Dentons

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

1 Fleet Place
London
EC4M 7RA
UK
http://www.dentons.com/

Turnover (€m): 209.5
Lawyers: 760
Partners: 183
Jurisdiction: Europe

Jobs