Office of Public Sector Information
PART I continued
If an inspector 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 him a notice (in this Part referred to as “an improvement notice”) stating that he is of that opinion, specifying the provision or provisions as to which he is of that opinion, giving particulars of the reasons why he is of that opinion, and requiring that person to remedy the contravention or, as the case may be, the matters occasioning it within such period (ending not earlier than the period within which an appeal against the notice can be brought under section 24) as may be specified in the notice.
C1S. 21applied by S.I. 1989/840, arts. 2-10
S. 21 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10
S. 21 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9
S. 21 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
S. 21: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(c), 5 (with s. 3(5))
S. 21 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
S. 21 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b) S. 21 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)
S. 21 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
C2S. 21 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6, para. 1(b)
S. 21 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 13(1)
C3S. 21 modified (6.4.1992) by S.I.1992/711, reg. 28(3)(b)(5)(a)
S. 21 modified (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(4) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
C4S. 21 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)-(3)
S. 21 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(a)
S. 21 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)
S. 21 applied (31.3.2002) by S.I. 2002/528, reg. 10
S. 21 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)
C5S. 21 applied (1.4.1999) by S.I. 1999/743, reg. 20(5)
C6S. 21 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)
C7S. 21 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)
C8S. 21 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
C9S. 19-22 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(a) ; s. 21 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg. 17; ss. 19-22 applied (2.4.2006) by S.I. 2006/397, reg. 34
C10S. 21 applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(b) (subject to (4)-(6)) (with art. 7)
(1)This section applies to any activities which are being or are [F1likely] to be carried on by or under the control of any person, being activities to or in relation to which any of the relevant statutory provisions apply or will, if the activities are so carried on, apply.
(2)If as regards any activities to which this section applies an inspector is of the opinion that, as carried on or [F1likely] to be carried on by or under the control of the person in question, the activities involve or, as the case may be, will involve a risk of serious personal injury, the inspector may serve on that person a notice (in this Part referred to as “a prohibition notice”).
(3)A prohibition notice shall—
(a)state that the inspector is of the said opinion;
(b)specify the matters which in his opinion give or, as the case may be, will give rise to the said risk;
(c)where in his opinion any of those matters involves or, as the case may be, will involve a contravention of any of the relevant statutory provisions, state that he is of that 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
(d)direct that the activities to which the notice relates shall not be carried on by or under the control of the person on whom the notice is served unless the matters specified in the notice in pursuance of paragraph (b) above and any associated contraventions of provisions so specified in pursuance of paragraph (c) above have been remedied.
[F2(4)A direction contained in a prohibition notice in pursuance of subsection (3)(d) above shall take effect—
(a)at the end of the period specified in the notice; or
(b)if the notice so declares, immediately.]
F1Word substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 2(a)
F2S. 22(4) substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 2(b)
C1S. 22 applied by S.I. 1989/840, arts. 2-10
S. 22 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9
S. 22 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
S. 22: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(c), 5 (with s. 3(5))
S. 22 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
S. 22 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b) S. 22 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)
S. 22 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
C2S. 22 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(b)
S. 21 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 13(1)
C3S. 22 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
S. 22 modified (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(4) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
S. 22 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)
S. 22 applied (31.3.2002) by S.I. 2002/528, reg. 10
S. 22 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)
C4S. 22 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)
C5S. 22 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)
C6S. 22 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
C7S. 19-22 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(a); s. 22 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg. 17; ss. 19-22 applied (2.4.2006) by S.I. 2006/397, reg. 34
C8S. 22 applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(b) (subject to (4)-(6)) (with art. 7)
(1)In this section “a notice” means an improvement notice or a prohibition notice.
(2)A notice may (but need not) include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates; and any such directions—
(a)may be framed to any extent by reference to any approved code of practice; and
(b)may be framed so as to afford the person on whom the notice is served a choice between different ways of remedying the contravention or matter.
(3)Where any of the relevant statutory provisions applies to a building or any matter connected with a building and an inspector proposes to serve an improvement notice relating to a contravention of that provision in connection with that building or matter, the notice shall not direct any measures to be taken to remedy the contravention of that provision which are more onerous than those necessary to secure conformity with the requirements of any building regulations for the time being in force to which that building or matter would be required to conform if the relevant building were being newly erected unless the provision in question imposes specific requirements more onerous than the requirements of any such building regulations to which the building or matter would be required to conform as aforesaid.
In this subsection “the relevant building”, in the case of a building, means that building, and, in the case of a matter connected with a building, means the building with which the matter is connected.
(4)Before an inspector serves in connection with any premises used or about to be used as a place of work a notice requiring or likely to lead to the taking of measures affecting the means of escape in case of fire with which the premises are or ought to be provided, he shall consult the [F1fire and rescue authority] .
In this subsection F1fire and rescue authority [F2, in relation to premises, means—
(a)where the Regulatory Reform (Fire Safety) Order 2005 applies to the premises, the enforcing authority within the meaning given by article 25 of that Order;
(b)in any other case, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area where the premises are (or are to be) situated.]
(5)Where an improvement notice or a prohibition notice which is not to take immediate effect has been served—
(a)the notice may be withdrawn by an inspector at any time before the end of the period specified therein in pursuance of section 21 or section 22(4) as the case may be; and
(b)the period so specified may be extended or further extended by an inspector at any time when an appeal against the notice is not pending.
(6)In the application of this section to Scotland—
(a)in subsection (3) for the words from “with the requirements” to “aforesaid” there shall be substituted the words—
“(a)to any provisions of the building standards regulations to which that building or matter would be required to conform if the relevant building were being newly erected; or
(b)where the sheriff, on an appeal to him under section 16 of the Building (Scotland) Act 1959—
(i)against an order under section 10 of that Act requiring the execution of operations necessary to make the building or matter conform to the building standards regulations, or
(ii)against an order under section 11 of that Act requiring the building or matter to conform to a provision of such regulations,
has varied the order, to any provisions of the building standards regulations referred to in paragraph (a) above as affected by the order as so varied,
unless the relevant statutory provision imposes specific requirements more onerous than the requirements of any provisions of building standards regulations as aforesaid or, as the case may be, than the requirements of the order as varied by the sheriff.”;
(b)after subsection (5) there shall be inserted the following subsection—
“(5A)In subsection (3) above ”building standards regulations’ has the same meaning as in section 3 of the Building (Scotland) Act 1959.”.
F1Words in s. 23(4) substituted (E.W.) (1.10.2004 for E. and 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), s. 53, Sch. 1 para. 44; S.I. 2004/2304, art. 2, (with art. 3); S.I. 2004/2917, art. 2
F2S. 23(4)(a)(b) and preceding words substituted (E.W.) (1.4.2006) for words by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 53(1), Sch. 2 para. 9, (with art. 49)
C1S. 23 applied by S.I. 1989/840, arts. 2-10
S. 23 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9 S. 23 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10
S. 23: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(c), 5 (with s. 3(5))
S. 23 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
S. 23 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)
S. 23 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b) Ss. 23 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
Ss. 23 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)
S. 23 applied (31.3.2002) by S.I. 2002/528, reg. 10
S. 23 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)
C2S. 23 applied (with modifications) (1.1.1993) by S.I.1992/3073, reg. 28, Sch. 6 para. 1(b)
C3Ss. 19-28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
S. 23 modified (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(4) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
C4S. 23 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)(b), (2)(3)
C5Ss. 23 extended (19.11.1999) by S.I. 1999/2892, reg. 16(1)
C6S. 23 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)
C7S. 23 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
C8S. 23 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(b)
C9S. 23 applied (with modifications) (3.5.2004) by The Cableway Installations Regulations 2004 (S.I. 2004/129), reg. 23(3)(b)
C10S. 23 applied (with modifcations) (9.6.2004) by S.I. 2004/1309, reg. 17; s. 23 applied (E.W.S) (2.4.2006) by S.I. 2006/397, reg. 34
C11S. 23 applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(c) (subject to (4)-(6)) (with art. 7)
C12S. 23(1) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C13S. 23(2) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C14S. 23(4) applied (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(5)
C15S. 23(5) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
E1This version of this provision extends to England Wales only; separate versions have been created for Northern Ireland only and Scotland only
(1)In this section “a notice” means an improvement notice or a prohibition notice.
(2)A notice may (but need not) include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates; and any such directions—
(a)may be framed to any extent by reference to any approved code of practice; and
(b)may be framed so as to afford the person on whom the notice is served a choice between different ways of remedying the contravention or matter.
(3)Where any of the relevant statutory provisions applies to a building or any matter connected with a building and an inspector proposes to serve an improvement notice relating to a contravention of that provision in connection with that building or matter, the notice shall not direct any measures to be taken to remedy the contravention of that provision which are more onerous than those necessary to secure conformity with the requirements of any building regulations for the time being in force to which that building or matter would be required to conform if the relevant building were being newly erected unless the provision in question imposes specific requirements more onerous than the requirements of any such building regulations to which the building or matter would be required to conform as aforesaid.
In this subsection “the relevant building”, in the case of a building, means that building, and, in the case of a matter connected with a building, means the building with which the matter is connected.
(4)Before an inspector serves in connection with any premises used or about to be used as a place of work a notice requiring or likely to lead to the taking of measures affecting the means of escape in case of fire with which the premises are or ought to be provided, he shall consult
[F1(a)where Part 3 of the Fire (Scotland) Act 2005 (asp 5) applies in relation to the premises, the enforcing authority (as defined in section 61(9) of that Act);
(b)in any other case, the relevant authority (as defined in section 6 of that Act) for the area where the premises are (or are to be) situated.]
(5)Where an improvement notice or a prohibition notice which is not to take immediate effect has been served—
(a)the notice may be withdrawn by an inspector at any time before the end of the period specified therein in pursuance of section 21 or section 22(4) as the case may be; and
(b)the period so specified may be extended or further extended by an inspector at any time when an appeal against the notice is not pending.
(6)In the application of this section to Scotland—
(a)in subsection (3) for the words from “with the requirements” to “aforesaid” there shall be substituted the words—
“(a)to any provisions of the building standards regulations to which that building or matter would be required to conform if the relevant building were being newly erected; or
(b)where the sheriff, on an appeal to him under section 16 of the Building (Scotland) Act 1959—
(i)against an order under section 10 of that Act requiring the execution of operations necessary to make the building or matter conform to the building standards regulations, or
(ii)against an order under section 11 of that Act requiring the building or matter to conform to a provision of such regulations,
has varied the order, to any provisions of the building standards regulations referred to in paragraph (a) above as affected by the order as so varied,
unless the relevant statutory provision imposes specific requirements more onerous than the requirements of any provisions of building standards regulations as aforesaid or, as the case may be, than the requirements of the order as varied by the sheriff.”;
(b)after subsection (5) there shall be inserted the following subsection—
“(5A)In subsection (3) above ”building standards regulations’ has the same meaning as in section 3 of the Building (Scotland) Act 1959.”.
F1By The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) Order 2006 (S.I. 2006/475), art. 2(1), Sch. 1 para. 6 it is provided (1.10.2006) that in s. 23(4) for the words from "the authority" to the end there is substituted (S.) s. 23(4)(a)(b)
C1S. 23 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)(b), (2)(3)
C2Ss. 23 extended (19.11.1999) by S.I. 1999/2892, reg. 16(1)
C3S. 23 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
C4S. 23 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(b)
C5S. 23 applied (with modifications) (3.5.2004) by The Cableway Installations Regulations 2004 (S.I. 2004/129), reg. 23(3)(b)
C6S. 23 applied (with modifcations) (9.6.2004) by S.I. 2004/1309, reg. 17; s. 23 applied (E.W.S) (2.4.2006) by S.I. 2006/397, reg. 34
C7S. 23(4) applied (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(5)
C8S. 23 applied by S.I. 1989/840, arts. 2-10
S. 23 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9
S. 23 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10
S. 23: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(c), 5 (with s. 3(5))
S. 23 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
S. 23 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)
S. 23 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)
S. 23 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
S. 23 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)
S. 23 applied (31.3.2002) by S.I. 2002/528, reg. 10
S. 23 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37
C9Ss. 19-28 applied (with modifications) (1.1.1993) by S.I.1992/3073, reg. 28, Sch. 6 para. 1(b)
C10Ss. 19-28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
Ss. 21-23 modified (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(4) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
C11Ss. 19-28 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)
C12S. 23 applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(c) (subject to (4)-(6)) (with art. 7)
C13S. 23(1) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C14S. 23(2) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C15S. 23(5) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
E1This version of this provision extends to Scotland only; separate versions have been created for England and Wales only and Northern Ireland only
(1)In this section “a notice” means an improvement notice or a prohibition notice.
(2)A notice may (but need not) include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates; and any such directions—
(a)may be framed to any extent by reference to any approved code of practice; and
(b)may be framed so as to afford the person on whom the notice is served a choice between different ways of remedying the contravention or matter.
(3)Where any of the relevant statutory provisions applies to a building or any matter connected with a building and an inspector proposes to serve an improvement notice relating to a contravention of that provision in connection with that building or matter, the notice shall not direct any measures to be taken to remedy the contravention of that provision which are more onerous than those necessary to secure conformity with the requirements of any building regulations for the time being in force to which that building or matter would be required to conform if the relevant building were being newly erected unless the provision in question imposes specific requirements more onerous than the requirements of any such building regulations to which the building or matter would be required to conform as aforesaid.
In this subsection “the relevant building”, in the case of a building, means that building, and, in the case of a matter connected with a building, means the building with which the matter is connected.
(4)Before an inspector serves in connection with any premises used or about to be used as a place of work a notice requiring or likely to lead to the taking of measures affecting the means of escape in case of fire with which the premises are or ought to be provided, he shall consult the fire authority.
In this subsection “fire authority” has the meaning assigned by section 43(1) of the M1Fire Precautions Act 1971.
(5)Where an improvement notice or a prohibition notice which is not to take immediate effect has been served—
(a)the notice may be withdrawn by an inspector at any time before the end of the period specified therein in pursuance of section 21 or section 22(4) as the case may be; and
(b)the period so specified may be extended or further extended by an inspector at any time when an appeal against the notice is not pending.
(6)In the application of this section to Scotland—
(a)in subsection (3) for the words from “with the requirements” to “aforesaid” there shall be substituted the words—
“(a)to any provisions of the building standards regulations to which that building or matter would be required to conform if the relevant building were being newly erected; or
(b)where the sheriff, on an appeal to him under section 16 of the Building (Scotland) Act 1959—
(i)against an order under section 10 of that Act requiring the execution of operations necessary to make the building or matter conform to the building standards regulations, or
(ii)against an order under section 11 of that Act requiring the building or matter to conform to a provision of such regulations,
has varied the order, to any provisions of the building standards regulations referred to in paragraph (a) above as affected by the order as so varied,
unless the relevant statutory provision imposes specific requirements more onerous than the requirements of any provisions of building standards regulations as aforesaid or, as the case may be, than the requirements of the order as varied by the sheriff.”;
(b)after subsection (5) there shall be inserted the following subsection—
“(5A)In subsection (3) above ”building standards regulations’ has the same meaning as in section 3 of the Building (Scotland) Act 1959.”.
C1S. 23 extended (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1)(b), (2)(3)
C2S. 23 applied (with modifications) (3.5.2004) by The Cableway Installations Regulations 2004 (S.I. 2004/129), reg. 23(3)(b)
C3S. 23 applied (with modifcations) (9.6.2004) by S.I. 2004/1309, reg. 17; s. 23 applied (E.W.S) (2.4.2006) by S.I. 2006/397, reg. 34
C4S. 23(4) applied (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(5)
C5S. 23 applied by S.I. 1989/840, arts. 2-10
S. 23 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9
S. 23 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10
S. 23: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(c), 5 (with s. 3(5))
S. 23 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17
S. 23 applied (with modifications) (E.W.S.) (1.3.1996) by S.I. 1996/192, reg. 15, Sch. 14 para. 1(b)
S. 23 applied (with modifications) (E.W.S.) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(b)
S. 23 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)
S. 23 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(a)
S. 23 applied (31.3.2002) by S.I. 2002/528, reg. 10
S. 23 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)
C6S. 23 applied (with modifications) (1.1.1993) by S.I.1992/3073, reg. 28, Sch. 6 para. 1(b)
C7Ss. 19-28 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)
S. 23 modified (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(4) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3
C8S. 23 extended (19.11.1999) by S.I. 1999/2892, reg. 16(1)
C9S. 23 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24(1), Sch. 8 para. 1(b)
C10S. 23 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11)
C11S. 23 applied (E.W.S.) (20.9.2001) by S.I. 2001/2975, reg. 19(b)
C12S. 23(1) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C13S. 23(2) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
C14S. 23(5) applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)
E1This version of this provision extends to Northern Ireland only; separate versions have been created for England and Wales and Scotland only
M11971 c. 40.
(1)In this section “a notice” means an improvement notice or a prohibition notice.
(2)A person on whom a notice is served may within such period from the date of its service as may be prescribed appeal to an [F1employment tribunal]; and on such an appeal the tribunal may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the tribunal may in the circumstances think fit.
Health and Safety at Work etc. Act 1974