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The Local Government Changes for England (Direct Labour and Service Organisations) Regulations 1994

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Enforcement: notices

8.—(1) Where it appears to the Secretary of State that construction or maintenance work has been undertaken in circumstances where the transferor authority has failed to comply with any of paragraphs (a) to (g) of section 19A(1) of the Act, he may serve on such successor authority or authorities as he sees fit a written notice falling within paragraph (2) below.

(2) The notice is one which—

(a)informs the successor authority that it appears to him that the transferor authority have acted as mentioned in one of the paragraphs (identified in the notice) of section 19A(1),

(b)identifies the work and states why it so appears, and

(c)contains the requirement mentioned in paragraph (3) below.

(3) The requirement is that the authority submit to him within such time as is specified in the notice a written response which—

(a)states that the transferor authority have not acted as mentioned in the paragraph concerned of section 19A(1)(a) and justifies the statement, or

(b)states that the transferor authority have so acted and gives reasons why he should not give a direction under section 19B of the Act;

and section 19A(4) of the Act shall apply in relation to notices under this regulation as it applies in relation to notices under that section.

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