Improvement notices
10.—(1) If an inspector is of the opinion that a person is failing to comply with section 9(1), the inspector may serve on that person a notice which—
(a)states that the inspector is of that opinion;
(b)specifies the respects in which the inspector considers the person is failing to comply with that provision;
(c)specifies the steps the inspector considers need to be taken in order to comply with the provision;
(d)specifies a period for the taking of those steps; and
(e)explains the effect of subsections (2) to (6).
(2) Where a notice under subsection (1) (“an improvement notice”) is served, no proceedings for an offence under section 9(1) may be instituted before the end of the period specified for the purposes of subsection (1)(d) (“the compliance period”) in respect of—
(a)the non-compliance which gave rise to the notice, or
(b)any continuation of that non-compliance.
(3) If the steps specified in an improvement notice are taken at any time before the end of the compliance period, no proceedings for an offence under section 9(1) may be instituted in respect of—
(a)the non-compliance which gave rise to the notice; or
(b)any continuation of that non-compliance prior to the taking of the steps specified in the notice.
(4) Where an improvement notice is served, no proceedings for an offence under subsection (6) may be instituted before the end of the compliance period.
(5) An inspector may extend, or further extend, the compliance period specified in an improvement notice.
(6) A person on whom an improvement notice has been served commits an offence if, without reasonable excuse, that person fails in a material regard to comply with the notice.