Regulation 22 Amendment to regulation 38

In regulation 38 (improvement notices), after paragraph (1) insert—

“(1A)

If the inspector considers that the matters constituting a person’s perceived failure to comply involve risks to animal or human health or of damage to the environment which are so serious that, until steps have been taken to reduce or remove that failure, one or more activity carried on by the person ought to be prohibited or restricted, the improvement notice must state—

(a)

the activity which is to be prohibited or restricted;

(b)

the reasons why such prohibition or restriction is considered appropriate;

(c)

the time and date at which the prohibition or restriction is to take effect (which may be immediately after the notice is served);

(d)

that the person must not carry out the activity in breach of the prohibition or restriction until—

(i)

that person has provided evidence to the inspector that measures have been undertaken to secure compliance, and

(ii)

the inspector has confirmed to that person that the notice is revoked.

(1B)

Where the person on whom an improvement notice to which paragraph (1A) applies has been served provides evidence to the inspector that the measures specified in the notice (or measures at least equivalent to them) have been undertaken to secure compliance, and the inspector is satisfied that the measures have been satisfactorily performed, the inspector must revoke the notice and inform the person of this.”.