Article 21 Enforcement noticesI1

United Kingdom

(1)

Where an authorised person is of the opinion that any person has failed to comply with any general requirement of a direction given to him under article 13, 14, 15 or 16 of this Order, the authorised person may serve on that person a notice (in this Order referred to as an “enforcement notice”)—

(a)

specifying those general requirements of the direction with which he has, in the opinion of the authorised person, failed to comply, and

(b)

specifying, subject to article 22 of this Order, the measures that ought to be taken in order to comply with those requirements.

(2)

For the purposes of this article a requirement of a direction given by the Secretary of State under article 13, 14, 15 or 16 of this Order is a “general requirement” if the provision imposing the requirement—

(a)

has been included in two or more directions given to different persons (whether or not at the same time), and

(b)

is framed in general terms applicable to all the persons to whom those directions are given.

(3)

If an enforcement notice is served under this article on the owner or operator of any Channel Tunnel train, then (whether or not that service is effected by virtue of article 36(6) of this Order)

an authorised person may serve on the train manager—

(a)

a copy of the enforcement notice and of the direction to which it relates, and

(b)

a notice stating that the train manager is required to comply with the enforcement notice,

and if he does so, articles 23, 24 and 25 of this Order shall have effect as if the enforcement notice had been served on him as well as on the owner or operator of the train.

Annotations

Commencement

I1: Art. 21 in force at 5.3.1994, see art. 1