OpenLegislation

Section 261 Improvement notices.C1C2C3C4C5C6C7C8C9C10C11C12C13C14C15C16C17C18C19C20

United Kingdom

(1)

If an inspector appointed under section 256(6) is of the opinion that a person—

(a)

is contravening one or more of the relevant statutory provisions, or

(b)

has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated,

he may serve on that person a notice under this section, (referred to in the following sections of this Part as an improvement notice).

(2)

An improvement notice shall—

(a)

state that the inspector is of the said opinion, specify the provision or provisions as to which he is of that opinion, and give particulars of the reasons why he is of that opinion, and

(b)

require the person on whom the notice is served to remedy the contravention in question or (as the case may be) the matters occasioning it within such period as may be specified in the notice.

(3)

The period specified in pursuance of subsection (2)(b) above shall not expire before the end of the period within which a notice can be given under section 264 requiring questions relating to the improvement notice to be referred to arbitration.

(4)

In this and the following sections of this Part “the relevant statutory provisions” means—

(a)

sections 43, 44, 46 to 55, 85, 86, 88 (and Schedule 2), F1. . . F2. . .99, 109, 115, 116, 121 to 126, 128, 129, 130 F3130A, 131 to 151 and 272; and

(b)

the provisions of any instrument of a legislative character having effect under any of those provisions.

Annotations

Textual amendments

F1

Words in s. 261(4)(a) repealed (12.10.1998) by S.I. 1998/2241, reg. 3(1)(b)

F2

Words in s. 261(4)(a) repealed (1.12.1998) by S.I. 1998/2647, reg. 1(2)(b)

F3

Figure in s. 261(4)(a) substituted (19.3.1997) by 1997 c. 28, ss. 29(1), 31(4), Sch. 6 para. 16

Modifications

C1

S. 261 modified (16.2.2001) by S.I. 2001/152, reg. 11(2)

C2

Ss. 258-266 applied (with application in accordance with reg. 4 of the amending S.I.) by The Merchant Shipping and Fishing Vessels (Control of Noise at Work) Regulations 2007 (S.I. 2007/3075), regs. 1, 19

C3

Ss. 258-266 applied (with application in accordance with reg. 4 of the amending S.I.) by The Merchant Shipping and Fishing Vessels (Control of Vibration at Work) Regulations 2007 (S.I. 2007/3077), regs. 1, 18

C4

Ss. 258-266 applied (1.3.2008) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Carcinogens and Mutagens) Regulations 2007 (S.I. 2007/3100), regs. 1, 22

C5

Ss. 261-266 applied (with modifications) (1.12.2009) by The Merchant Shipping (Anti-Fouling Systems) Regulations 2009 (S.I. 2009/2796), regs. 1, 10(5) (with reg. 3)

C6

Ss. 258-266 applied (with modifications) (6.4.2010) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Work at Height) Regulations 2010 (S.I. 2010/332), regs. 1, 22 (with regs. 4, 5)

C7

Ss. 258-266 applied (with modifications) (6.4.2010) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Biological Agents) Regulations 2010 (S.I. 2010/323), regs. 1, 27 (with regs. 4, 5)

C8

Ss. 258-266 applied (with modifications) (6.4.2010) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) Regulations 2010 (S.I. 2010/330), regs. 1, 20 (with regs. 4, 5)

C9

Ss. 258-266 applied (6.4.2010) by The Merchant Shipping (Maritime Labour Convention) (Medical Certification) Regulations 2010 (S.I. 2010/737), regs. 1(1), 19 (with reg. 5)

C10

Ss. 258-266 applied (10.1.2011) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Artificial Optical Radiation) Regulations 2010 (S.I. 2010/2987), regs. 1, 16

C11

Ss. 258-266 applied (10.1.2011) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 2010 (S.I. 2010/2984), regs. 1, 26

C12

Ss. 261-266 applied (with modifications) (15.8.2013) by The Merchant Shipping (Maritime Labour Convention) (Survey and Certification) Regulations 2013 (S.I. 2013/1785), regs. 1, 16(5)

C13

Ss. 261-266 applied (with modifications) (17.3.2014) by S.I. 2002/2125, reg. 14(6) (as substituted by The Merchant Shipping (Maritime Labour Convention) (Hours of Work) (Amendment) Regulations 2014 (S.I. 2014/308), regs. 1(2), 2(14))

C14

Ss. 261-266 applied (with modifications) (7.8.2014) by The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014 (S.I. 2014/1613), regs. 1(2), 54(5)

C15

Ss. 261-266 applied (with modifications) (13.10.2014) by S.I. 1997/2962, reg. 27A(5) (as inserted by The Merchant Shipping (Maritime Labour Convention) (Health and Safety) (Amendment) Regulations 2014 (S.I. 2014/1616), regs. 1(2), 2(18))

C16

Ss. 258-266 applied (with modifications) (21.11.2016) by The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Electromagnetic Fields) Regulations 2016 (S.I. 2016/1026), regs. 1, 15 (with reg. 4)

C17

Ss. 258-266 applied (with modifications) (5.12.2016) by The Merchant Shipping (Marine Equipment) Regulations 2016 (S.I. 2016/1025), regs. 1, 28

C18

Ss. 261-266 applied (with modifications) (6.4.2018) by The Merchant Shipping (Maritime Labour Convention) (Hours of Work) Regulations 2018 (S.I. 2018/58), regs. 1, 19(6)(7), 20(6)(7) (with regs. 3, 4)

C19

Ss. 261-266 applied (with modifications) (31.12.2018) by The Merchant Shipping (Work in Fishing Convention) Regulations 2018 (S.I. 2018/1106), regs. 1(2), 28(5) (with reg. 3)

C20

Ss. 261-266 applied (with modifications) (30.11.2019) by The Merchant Shipping (Work in Fishing Convention) (Survey and Certification) Regulations 2018 (S.I. 2018/1107), regs. 1(2), 10(5) (with reg. 3)

Notes on Part X

Modifications

C1

Pt. 10: power to apply (with modifications) conferred (12.2.2026) by Biodiversity Beyond National Jurisdiction Act 2026 (c. 6), ss. 14(4)(g), 32(1) (with s. 30)