Query or dispute a cost recovery invoice

This guide explains how you can raise a query or dispute about an invoice arising from HSE recovering costs under the following charging regimes:

COMAH
offshore
gas transportation
pipelines
onshore oil, gas and geothermal operation and production
explosives
wind and marine energy (renewables)

And it explains how HSE will deal with your query or dispute.

Before you query or dispute an invoice, try to resolve it by discussing it with your relevant primary contact in HSE.

Level 1 queries

Level 1 queries include:

composition of charge
amount of the invoice
method of payment
terms of payment
invoicing arrangements
propriety of the charge

Raise your query as soon as possible and no later than 20 working days after the invoice date.

Clearly state your reasons in an email to [email protected]

Or in writing to:

Health & Safety Executive
Cost Recovery and Expenses Team
Building 2.3
Redgrave Court
Merton Road
Bootle
Merseyside
L20 7HS

HSE will consider your query and respond within 10 working days of receipt.

If you’re only disputing part of an invoice, agree with HSE the value of the disputed amount and pay the undisputed amount within the usual 20 working days from the date of the invoice.

Level 2 - unresolved at level 1

If you’re not satisfied with the response under level 1, email or write to us using the contact details above, within either:

20 working days of the date of the invoice in dispute
10 working days of the date of the level 1 response (where applicable)

We will acknowledge receipt within 5 working days and confirm the name of the person dealing with your query. This will be a senior manager in the relevant HSE division, who has not been involved in the work giving rise to the disputed cost(s).

If you’re dissatisfied with the response at level 1 but do not contact us within the specified time, we may raise it to level 2 on your behalf. If this is the case, we will tell you and follow the same procedure.

The nominated senior manager will consider whether the:

work performed was a cost recoverable function within the meaning of the regulations
work was done in accordance with the relevant policies and procedures
costs invoiced to the duty holder reflect the costs reasonably incurred in carrying out that function

The senior manager will set out the reasons for the decision taken, including whether the queried invoice is upheld, cancelled or varied. They will send the decision to you no later than 15 working days after receiving your case.

Level 3 – unresolved at level 2

If you’re not satisfied with the level 2 response you can request for it to be referred to a disputes panel (level 3). Request referral within 15 working days of the date on which you received the level 2 decision from the senior manager.

Set out the reasons for disputing the cost(s), and the reasons for disputing the decision. HSE will need this before the case is considered.

You have the right to appear before the panel to support your submission. If you intend to appear in person, tell HSE at the same time as you make the request.

For a level 3 dispute, specify under which of the points below you wish your dispute to be considered:

the work performed by HSE or the agency was a cost recoverable function within the meaning of the regulations
the work was done in accordance with HSE's or the agency's relevant policies and procedures (on assessment, inspection, investigation and enforcement)
the costs invoiced to the duty holder reflect the costs reasonably incurred by cost recoverable work done by HSE in carrying out that function

For a level 3 submission the chair and external member have to decide whether the case presented to them merits consideration by a full disputes panel. A clear statement of case is essential for an informed and equitable decision. Simply submitting previous correspondence about the disputed invoice(s) will not be especially helpful although letters should be attached to support the case (where these exist).

You or your representative should be prepared to present your case succinctly and to respond to questions from the panel. Questions are usually to seek clarification, so the facts are clearly understood by the panel. You or your representative should also be prepared to respond to the comments made by the operational division of HSE.

The disputes panel will consist of:

a senior HSE official as chair
the head of the relevant HSE division
the head of HSE’s Planning, Finance and Procurement Division
an external member

The panel will not include any HSE members of staff involved in the level 1 or 2 determinations. We will inform you of the composition of the panel before the case is considered.

Initially, the panel chair and external member will consider all the correspondence on the case and decide whether the disputed matter has sufficient merit to be put before the panel.

The panel will determine, where applicable, whether the:

work performed was a cost recoverable function within the meaning of the regulations
work was done in accordance with the relevant policies and procedures
costs invoiced to the duty holder reflect the costs reasonably incurred by cost recoverable work done by HSE in carrying out that function

If the panel concludes that:

there is no issue for determination within the scope of the panel, the chair will inform you of the decision and the reasons why - they will send this to you no later than 25 working days following receipt of the request to refer the matter to level 3
a case has been made for submission to the panel, a meeting will be convened within 35 working days of receiving the request to refer the matter to level 3

Where possible, a decision will be made on the day of the panel meeting with all sides informed of the reasons for the decision verbally. If this is not possible both parties will be notified of the decision in writing.

The panel may uphold or reject the dispute and confirm, vary or cancel the cost in dispute. To vary or cancel an invoice the panel must be of the view that the functions were not cost recoverable and/or the cost contained in the invoice did not represent the costs reasonably incurred by HSE for the performance of the function(s) in question.

The disputes panel decision will be sent to you by the panel chair within 10 working days of their meeting.

Debt recovery

HSE will commence debt recovery action where an invoice has not been settled within 10 working days of notification that:

an invoice has been disputed under the level 3 procedure and the cost has been upheld by the panel
the panel chair and external member concluded that there is no issue for determination
the level 3 process not being invoked

HSE timescales

HSE is committed to meeting the timescales set out. Where this is not possible HSE (at its discretion) may vary the timescales in consultation with you.

Guidance on HSE cost recoverable activities

Confidentiality

Information provided by you and the appropriate operational division in response is handled in confidence.

Examples of how long work will take

Do not rely on HSE's/agencies published examples of how long a particular piece of work will take. The duration of work will vary depending on the work being carried out.