Cap. 51activeordinance

Gas Safety Ordinance

氣體安全條例

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.