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Application of provisions of the ActE+W

6.—(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)(1) 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.

Commencement Information

I1Reg. 6 in force at 10.8.2015, see reg. 1(2)

(1)

Section 32(5) and (6) were amended by section 70 of, and paragraph 18 of Schedule 2 to, the Criminal Justice and Police Act 2001 (c. 16).