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Closure notice.
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30.—The Act of 1981 is amended by the insertion, after section 20, of the following new section:
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“20A.—(1) If an authorised person is of the opinion that a building or premises poses or is likely to pose a serious and immediate risk, including a risk of fire, to the safety of persons on or in such building or premises notwithstanding the procedures provided for in sections 20 and 23 of this Act, the authorised person may serve a closure notice on a person who owns, occupies or is in control of that building.
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(2) A closure notice shall—
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(a) state the opinion, referred to in subsection (1), of the authorised person,
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(b) specify the matters which in the opinion of the authorised person give or, as the case may be, are likely to give rise to the said risk,
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(c) state, where in the opinion of the authorised person, any of the matters referred to in paragraph (b) involves or, as the case may be, will involve a contravention of this Act and specify the reasons for that opinion, and
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(d) direct that the activities to which the notice relates shall not be continued by any person unless the matters specified in accordance with paragraph (b) and any contravention of this Act specified in accordance with paragraph (c) have been remedied.
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(3) A closure notice shall take effect—
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(a) if the notice so declares, immediately the notice is received by the person on whom it is served, or
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(b) in any other case—
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(i) if no appeal is taken against the notice, 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, or
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(ii) in case such an appeal is taken, on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or the day specified in the notice as that on which it is to come into effect, whichever is the later.
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(4) The bringing of an appeal against a closure notice which is to take effect in accordance with subsection (3) (a) shall not have the effect of suspending the operation of the notice but the appellant may apply to the Court to have the operation of the notice suspended until the appeal is disposed of and, on such application, the Court may, if it thinks proper to do so, direct that the operation of the notice be suspended until the appeal is disposed of.
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(5) (a) A person who is aggrieved by a closure notice may, within the period of 7 days beginning on the day on which the notice is served on him, appeal to a judge of the District Court in the District Court District in which the notice was served against the notice and in determining the appeal the judge may—
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(i) if the judge is satisfied that in the circumstances of the case it is reasonable to do so, confirm the notice, with or without modification, or
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(ii) cancel the notice.
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(b) Where at the hearing of an appeal under this section a closure notice is confirmed, notwithstanding subsection (3) the court may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case the court considers appropriate.
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(6) A person who appeals against a closure notice or who applies for a direction suspending the application of the notice under subsection (4) shall at the same time notify the fire authority of the appeal or the application and the grounds for the appeal or the application and the fire authority shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal or the application.
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(7) (a) Where a closure notice has been served and activities are carried on in contravention of the notice, the High Court may, on the application of an authorised person, by order prohibit the continuance of the activities.
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(b) An application to the High Court for an order under this subsection shall be by motion and the Court when considering the matter, may make such interim or interlocutory order (if any) as it considers appropriate and the order by which an application under this subsection is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.
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(8) Where a person on whom a closure notice has been served is of the opinion that the matters referred to in the closure notice have been rectified satisfactorily by the date specified in the closure notice, he or she may apply in writing to the authorised person for confirmation that the closure notice no longer has effect and the authorised person may so confirm if he or she is satisfied that such matters have been rectified.
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(9) An authorised person may at any time seek confirmation in writing from the person on whom a closure notice has been served that the matters specified in the notice have been remedied.
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(10) An authorised person may revoke a closure notice, by notice in writing to the person on whom it was served if—
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(a) the authorised person has sought and obtained confirmation from the person on whom the notice was served that the matters specified in the closure notice have been remedied, or
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(b) the authorised person is of the opinion that the matters specified in the closure notice have been remedied or the authorised person is of the opinion that the activities referred to in subsection (2) (d) no longer pose a risk of fire.
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(11) A fire authority may authorise a person to be an authorised person for the purposes of this section by an order made by a city manager or a county manager as the case may be.
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(12) In this section ‘authorised person’ means a person appointed in accordance with subsection (11) of this section.”.
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