Full legislation
s.13
Improvement notices
(1) Where the Authority is of the opinion that a person— (a) is contravening a requirement under this Ordinance; or (b) has contravened such a requirement in circumstances that make it likely that the contravention will continue or be repeated, he may serve on him a notice stating that he is of that opinion, specifying the requirement as to which he is of that opinion, giving particulars of the reasons why he is of that opinion, and directing that person to remedy the contravention or, as the case may be, the matters occasioning it within such period as is specified in that notice. (Amended 3 of 1996 s. 5 ) (1A) The period specified in the improvement notice— (a) subject to paragraph (b), shall be a period ending not earlier than the period within which an appeal against that decision may be made under this section; (b) may be such lesser period than is specified in paragraph (a) as the Authority reasonably considers necessary in the interests of safety. (Added 3 of 1996 s. 5 ) (2) An improvement notice may include instructions as to the measures to be taken to remedy any contravention or matter to which such notice relates, and any such instructions may be framed— (a) to any extent by reference to any approved code of practice; and (b) so as to afford the person on whom the notice is served a choice between different ways of remedying such contravention or matter. (3) Any person aggrieved by a direction specified in an improvement notice served on him may appeal to the appeal board against such direction. (4) An appeal under this section shall— (a) be in writing; (b) set out the details of or be accompanied by the improvement notice concerned; (c) be commenced within 14 days after the improvement notice concerned was served or such further period as the Authority allows upon the request of the person upon whom that notice was served; and (d) be delivered to the Secretary. (5) A person who appeals under this section shall deliver to the Authority notice of, and the grounds for, the appeal. (6) Subject to subsection (7), a direction specified in an improvement notice shall take effect immediately or on such later date, if any, as is specified in such notice, notwithstanding that an appeal has been or may be made under this section against such direction. (7) Where— (a) an appeal is made under this section against a direction specified in an improvement notice; and (b) the Authority is satisfied that the matter to which such direction relates is not an imminent danger to any person or property, the Authority shall suspend that part of such notice which contains such direction upon such terms as he thinks fit and, for that purpose, the Authority shall have such powers as are necessary to give effect to that suspension.