Enforcement notices

30.—(1) If the enforcing authority is of the opinion that the responsible person or any other person mentioned in article 5(3) has failed to comply with any provision of this Order or of any regulations made under it, the authority may, subject to article 36, serve on that person a notice (in this Order referred to as “an enforcement notice”).

(2) An enforcement notice must—

(a)state that the enforcing authority is of the opinion referred to in paragraph (1) and why;

(b)specify the provisions which have not been complied with; and

(c)require that person to take steps to remedy the failure within such period from the date of service of the notice (not being less than 28 days) as may be specified in the notice.

(3) An enforcement notice may, subject to article 36, include directions as to the measures which the enforcing authority consider are necessary to remedy the failure referred to in paragraph (1) and any such measures may be framed so as to afford the person on whom the notice is served a choice between different ways of remedying the contravention.

(4) Where the enforcing authority is of the opinion that a person’s failure to comply with this Order also extends to a workplace, or employees who work in a workplace, to which this Order applies but for which they are not the enforcing authority, the notice served by them under paragraph (1) may include requirements concerning that workplace or those employees; but before including any such requirements the enforcing authority must consult the enforcing authority for that workplace.

(5) Before serving an enforcement notice which would oblige a person to make an alteration to premises, the enforcing authority must consult—

(a)in cases where the relevant local authority is not the enforcing authority, the relevant local authority;

(b)in the case of premises used as a workplace which are within the field of responsibility of one or more enforcing authorities within the meaning of Part 1 of the Health and Safety at Work etc Act 1974(1), that authority or those authorities; and section 18(7) of the Health and Safety at Work etc Act 1974 (meaning in Part I of that Act of “enforcing authority” and of such an authority’s “field of responsibility”) applies for the purposes of this article as it applies for the purposes of that Part;

(c)in the case of a building or structure in relation to all or any part of which an initial notice given under section 47 of the Building Act 1984(2) is in force, the approved inspector who gave that initial notice;

(d)in the case of premises which are, include, or form part of, a designated sports ground or a sports ground at which there is a regulated stand, the relevant local authority, where that authority is not the enforcing authority; and for the purposes of this sub-paragraph, “sports ground” and “designated sports ground” have the same meaning as in the Safety of Sports Grounds Act 1975 and “regulated stand” has the same meaning as in the Fire Safety and Safety of Places of Sport Act 1987;

(e)any other person whose consent to the alteration would be required by or under any enactment.

(6) Without prejudice to the power of the court to cancel or modify an enforcement notice under article 35(2), no failure on the part of an enforcing authority to consult under paragraphs (4) or (5) makes an enforcement notice void.

(7) Where an enforcement notice has been served under paragraph (1)—

(a)the enforcing 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 enforcing authority may extend or further extend the period specified in the notice

 

What the Guidance says:

 

An enforcement notice can only be served where the enforcing authority is of the
opinion that the responsible person, or any other person mentioned in article 5(3) has
failed to comply with any provision of the Order (or of regulations made under it). The
measures which could be required to be taken by a notice are limited to those which
are necessary to ensure the failure is remedied.
Before serving an enforcement notice, which would oblige a person to make alterations
to premises, the enforcing authority must consult with other authorities and persons
with an interest in the premises to ensure that the measures to be required by the
notice are appropriate in the light of other restrictions which might apply to the
premises. A failure on the part of the enforcing authority to consult does not, however,
make an enforcement notice void. See article 48 on how to serve a notice.
An enforcement notice should set out why the responsible person has not complied
with the Order and set out the provisions which have not been complied with. The
notice may be framed to give the responsible person a choice between different ways of
remedying the contravention – but in some cases, there may only be one solution which
would adequately remedy the contravention and it would be counterproductive, time-
consuming and costly to suggest there is a valid alternative. The enforcing authority must
give the responsible person at least 28 days to remedy the failure. Any notice issued may
be withdrawn or extended, if no appeal is pending (see article 35).