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Enforcement notices.
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14.— The Act of 1994 is amended by inserting the following Part after Part III:
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“PART IIIA
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Enforcement Notices
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Interpretation of Part IIIA.
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18A.— In this Part—
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‘ enforcement notice ’ means a notice under section 18B(1);
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‘ relevant provision ’ means—
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(a) a provision of this Act, or
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(b) a provision of a regulation under this Act.
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Issue of enforcement notices.
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18B.— (1) Without prejudice to the generality of sections 4 and 15, where the Authority is of the opinion that a person—
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(a) is contravening a relevant provision, or
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(b) has contravened a relevant provision in circumstances that make it likely that the contravention will continue or be repeated,
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then the Authority may serve on the person a notice in writing, accompanied by a copy of this Part—
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(i) stating that it is of that opinion,
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(ii) specifying the relevant provision as to which it is of that opinion and the reasons why it is of that opinion,
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(iii) directing the person to take such steps as are specified in the notice to remedy the contravention or, as the case may be, the matters occasioning it, and
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(iv) specifying a period (ending not earlier than the period specified in section 18C(1) within which an application under that section against any direction specified in the notice may be made) within which those steps must be taken, being a period reasonable in the circumstances.
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(2) The steps specified in an enforcement notice to remedy any contravention or matter to which the notice relates may be framed so as to afford the person on whom it is served a choice between different ways of remedying the contravention or matter, as the case may be.
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(3) Where a person on whom an enforcement notice has been served makes an application under section 18C(1) against any direction specified in the notice, the steps specified in the notice need not be taken by the person pending the determination, withdrawal or abandonment of the application.
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(4) The Authority may cancel an enforcement notice by notice in writing served on the person concerned.
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(5) Where a person fails to take the steps specified in an enforcement notice served on the person, the Authority may, on notice to that person, apply in a summary manner to the High Court for an order requiring the person to take those steps (or to take such varied or other steps for the like purpose as may be specified in the order), and the Court—
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(a) may—
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(i) make the order sought,
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(ii) make the order sought subject to such variations to those steps as may be specified in the order, or
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(iii) make the order sought subject to such other steps for the like purpose as may be specified in the order,
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or
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(b) may dismiss the application,
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and, whether paragraph (a) or (b) is applicable, may make such order as to costs as it thinks fit in respect of the application.
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Application for cancellation of direction specified in enforcement notice.
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18C.— (1) A person on whom an enforcement notice has been served may, on notice to the Authority, not later than 45 days after being so served, apply to the High Court for the cancellation of any direction specified in the notice and, on such an application, the Court may—
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(a) cancel the direction,
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(b) confirm the direction, or
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(c) vary the direction,
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and, whether paragraph (a), (b) or (c) is applicable, make such order as to costs as it thinks fit in respect of the application.
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(2) The decision of the High Court under this section on a direction specified in an enforcement notice shall be final save that, by leave of that Court or of the Supreme Court, an appeal by the Authority or the person concerned, as the case may be, from the decision shall lie to the Supreme Court on a question of law.
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Rules of Court.
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18D.— Rules of Court may make provision for the expedition of the hearing of proceedings under this Part.”.
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