Application of provisions of the ActI16

1

Section 10(1) and (2) of the Act (improvement notices) applies with the modification (in the case of section 10(1)) specified in Part 1 of the Schedule to these Regulations for the purposes of—

a

enabling an improvement notice to be served on a person requiring the person to comply with—

i

any of Articles 3 to 6 and 8; or

ii

regulation 5; and

b

making the failure to comply with a notice referred to in sub-paragraph (a) an offence.

2

Section 32 of the Act (powers of entry)14 applies, with the modifications specified in Part 2 of the Schedule to these Regulations, for the purposes of enabling an authorised officer—

a

to exercise a power of entry to ascertain whether there is, or has been, any contravention of any of Articles 3 to 6 and 8;

b

to exercise a power of entry to ascertain whether there is any evidence of any contravention of such a provision; and

c

when exercising a power of entry under the provisions of section 32 as applied by this paragraph, to exercise the powers in subsections (5) and (6) relating to records.

3

Section 37(1) and (6) of the Act (appeals) applies with the modifications specified in Part 3 of the Schedule to these Regulations for the purpose of enabling a decision to serve a notice referred to in paragraph (1)(a) to be appealed.

4

Section 39 of the Act (appeals against improvement notices) applies with the modifications specified in Part 4 of the Schedule to these Regulations for the purpose of dealing with appeals against a decision to serve a notice referred to in paragraph (1)(a).

5

The provisions of the Act specified in the first column of the table in Part 5 of the Schedule to these Regulations apply with the modifications specified in the second column of that table for the purposes of these Regulations.