Full legislation
s.13AA
Ancillary provisions in relation to improvement notices
(1)
Without prejudice to the generality of
section 13(2)
, an
improvement
notice—
(a)
may include instructions as to repairs or alterations to be
effected to a notifiable gas installation (whether
constructed before, on or after the
commencement*
of this section) the subject of the contravention or matter
to which the notice relates if, but only if, the Authority
states in the notice that he is satisfied that the repairs
or alterations are necessary for the proper maintenance and
operation of the installation for the prevention of fire,
explosion or other danger arising from the
installation;
(b)
shall, where paragraph (a) is applicable, afford the person
on whom the notice is served the choice of decommissioning
the installation as an alternative to effecting the repairs
or alterations.
(2)
Where a person on whom an improvement notice is served to which
subsection (1) applies fails to effect the repairs or alterations
to, or to decommission, the notifiable gas installation the subject
of the contravention or matter to which the notice relates, then the
Authority—
(a)
may, with or without notice to the
person—
(i)
effect the repairs or alterations to the
installation; or
(ii)
decommission the installation until such time, if
any, as the repairs or alterations are
effected;
(b)
shall, where paragraph
(a
)(
ii)
is applicable,
prominently display on or near the installation a notice, in
the Chinese and English
languages—
(i)
stating that the installation has been
decommissioned by the Authority under this
Ordinance; and
(ii)
setting out the provisions of subsection (3) and
section 27(1A)
and (1B).
(3)
No person shall without the consent in writing of the
Authority—
(a)
either—
(i)
put a notifiable gas installation into service;
or
(ii)
supply gas to the installation,
where he knows or ought reasonably to know that the
installation has been decommissioned by the Authority under
this Ordinance; or
(b)
remove or mark, or damage or destroy, a notice referred to
in subsection
(2
)(
b)
.
(4)
Where under subsection
(2
)(
a)
the Authority has effected
any repairs or alterations to, or the decommissioning of, a
notifiable gas installation, the expenses thereof
shall—
(a)
be borne by the person or whom the improvement notice
concerned was served;
(b)
be recoverable from the person as a civil debt due to the
Government.