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29. (1) The enforcing authority may serve on the responsible person a notice (in this Order referred to as “an alterations notice”) if the authority is of the opinion that the premises—
(a)constitute a serious risk to relevant persons (whether due to the features of the premises, their use, any hazard present, or any other circumstances); or
(b)may constitute such a risk if a change is made to them or the use to which they are put.
(2) An alterations notice must—
(a)state that the enforcing authority is of the opinion referred to in paragraph (1); and
(b)specify the matters which in their opinion, constitute a risk to relevant persons or may constitute such a risk if a change is made to the premises or the use to which they are put.
(3) Where an alterations notice has been served in respect of premises, the responsible person must, before making any of the changes specified in paragraph (4) which may result in a significant increase in risk, notify the enforcing authority of the proposed changes.
(4) The changes referred to in paragraph (3) are—
(a)a change to the premises;
(b)a change to the services, fittings or equipment in or on the premises;
(c)an increase in the quantities of dangerous substances which are present in or on the premises;
(d)a change to the use of the premises.
(5) An alterations notice may include a requirement that, in addition to the notification required by paragraph (3), the responsible person must —
(a)take all reasonable steps to notify the terms of the notice to any other person who has duties under article 5(3) in respect of the premises;
(b)record the information prescribed in article 9(7), in accordance with article 9(6);
(c)record the arrangements required by article 11(1), in accordance with article 11(2); and
(d)before making the changes referred to in paragraph (3), send the enforcing authority the following —
(i)a copy of the risk assessment; and
(ii)a summary of the changes he proposes to make to the existing general fire precautions.
(6) An alterations notice served under paragraph (1) may be withdrawn at any time and, for the purposes of this article, the notice is deemed to be in force until such time as it is withdrawn or cancelled by the court under article 35(2).
(7) Nothing in this article prevents an enforcing authority from serving an enforcement notice or a prohibition notice in respect of the premises.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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