Safety, Health and Welfare At Work Act, 1989
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Improvement notice. |
36.—(1) If an inspector is of the opinion that a person is contravening or has contravened any of the relevant statutory provisions, or has failed on a direction being made to him under section 35 in that behalf to submit or implement an appropriate improvement plan, the inspector may serve on that person a notice in writing signed by him (in this Act referred to as an “improvement notice”) stating that he is of that opinion and the improvement notice shall— | |
(a) specify the provision or provisions as to which he is of that opinion; | ||
(b) give particulars of the reasons why he is of that opinion; | ||
(c) where applicable, state that the person has failed to submit or implement an improvement plan; and | ||
(d) direct that person to remedy the alleged contraventions by a date specified in the notice, which should not be earlier than the period within which an appeal can be brought under subsection (3). | ||
(2) An improvement notice may include directions as to the measures to be taken to remedy the alleged contraventions set out in the notice. | ||
(3) A person who is aggrieved by an improvement notice may, within the period of fourteen days beginning on the day on which the notice is served on him, appeal to a Justice of the District Court in the District Court District in which the notice was served in the prescribed manner against the notice and in determining the appeal the Justice may— | ||
(a) if he is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice, with or without modification, or | ||
(b) cancel the notice. | ||
(4) A person who appeals against an improvement notice shall at the same time notify the Authority or the enforcing agency, as appropriate, of the appeal and the grounds for appeal and the Authority or the enforcing agency, as appropriate, shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal. | ||
(5) Where an appeal against an improvement notice is taken, the notice shall take effect on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or the day specified in the notice as that on which it is to come into effect whichever is the later. | ||
(6) Where no appeal is taken against an improvement notice, the notice shall take effect, on the expiration of the period during which such an appeal may be taken or the day specified in the notice as that on which it is to come into effect, whichever is the later. | ||
(7) An inspector may withdraw an improvement notice at any time before the date specified in it under subsection (1) (d) and he may extend or further extend that date at any time when an appeal against the notice is not pending. |