36 [360]
(17) A person on whom a compliance notice has been served shall not—
(a) pending the determination of an appeal, deal with a product, place,
machinery, equipment or other thing to which the notice relates, other
than in accordance with the terms of the compliance notice, or
(b) if the notice is confirmed or varied on appeal, deal with a product,
place, machinery, equipment or other thing to which the notice relates
other than in accordance with the terms of the compliance notice as
confirmed or varied.
(18) A person who fails to comply with paragraph (17) is guilty of an offence.
(19) It shall be a defence in a prosecution for an offence under paragraph
(18) for a person to show—
(i) that the person took all reasonable steps not to do the action
complained of, or
(ii) it was not reasonably possible for the person not to do the action
complained of.
(20) This Regulation shall not operate to prevent or restrict—
(a) the entitlement of any person to bring proceedings for the purpose of
securing compliance with these Regulations, or
(b) the bringing or prosecuting of any proceedings for an offence under
these Regulations.
Information notice
31. (1) A competent authority may, by notice served on a person, require the
person to furnish, in writing, within such period as may be specified in the notice
and, if applicable, in the format or manner specified in the notice, such information specified in the notice that the competent authority may reasonably
require for the proper performance by the competent authority of its functions
under these Regulations.
(2) An information notice shall specify the purpose for which it is being
served.
(3) An information notice shall—
(a) inform the person on whom the information notice is served that he
or she may appeal against a requirement specified in the notice to the
Circuit Court in accordance with this Regulation, and
(b) state that if the person on whom the information notice is served fails
to comply with the notice, that person commits an offence.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents