Regulation 13 Enforcement noticesI1

Northern Ireland Not yet in force

(1)

Where the Authority is of the opinion that a person, being under an obligation to do so, has failed to comply with any provision of the workplace fire precautions legislation in respect of a workplace, or employees who work in a workplace, the Authority may serve on that person a notice (in these Regulations referred to as “an enforcement notice”) which—

(a)

states that it is of that opinion and why;

(b)

specifies what steps it considers are necessary to remedy that failure;

(c)

requires that person to take steps to remedy the failure within such period from the date of service of the notice (not being less than 21 days) as may be specified in the notice; and

(d)

explains how, where, within what period and on what grounds an appeal may be brought against the enforcement notice.

(2)

Before serving an enforcement notice which would oblige a person to make an alteration to a building or structure, the Authority shall consult—

(a)

such persons as it would have been required to consult under Article 38 of the 1984 Order^f1 (Authority to consult other authorities before requiring alterations to buildings) if the proposed enforcement notice had been an improvement notice proposed to be issued under Article 31C of that Order^f2; and

(b)

any other person whose consent to the alteration would be required by or under any statutory provision.

(3)

Where an enforcement notice has been served—

(a)

the Authority may withdraw the notice at any time before the end of the period specified in the notice; and

(b)

if an appeal against the notice is not pending, the Authority may extend or further extend the period specified in the notice.

(4)

Without prejudice to the power of the court to cancel or modify an enforcement notice under regulation 14, no failure on the part of the Authority to consult under paragraph (2) shall make an enforcement notice void.

Regulation 13 Enforcement noticesI1

Annotations

Commencement

Footnotes