F1SCHEDULE A1CIVIL SANCTIONS

Annotations:
Amendments (Textual)

Stop notices: procedure

8

1

Provision under paragraph 7 must secure the results in sub-paragraph (2) in a case where a stop notice is served.

2

Those results are that—

a

the stop notice must comply with sub-paragraph (3),

b

the person on whom it is served may appeal against the decision to serve it,

c

where, after service of the notice, the enforcement authority is satisfied that the person has taken the steps specified in the notice, the enforcement authority must issue a certificate to that effect (a “completion certificate”),

d

the notice ceases to have effect on the issue of a completion certificate,

e

the person on whom the notice is served may at any time apply for a completion certificate,

f

the enforcement authority must make a decision as to whether to issue a completion certificate within 14 days of such an application, and

g

the person on whom the notice is served may appeal against a decision not to issue a completion certificate.

3

To comply with this sub-paragraph a stop notice must include information as to—

a

the grounds for serving the notice,

b

rights of appeal, and

c

the consequences of non-compliance.

4

Provision pursuant to sub-paragraph (2)(b) must secure that the grounds on which a person may appeal against a decision of the enforcement authority to serve a stop notice include the following—

a

that the decision was based on an error of fact;

b

that the decision was wrong in law;

c

that the decision was unreasonable;

d

that any step specified in the notice is unreasonable;

e

that the person has not breached the regulations and would not have breached them had the stop notice not been served;

f

such other grounds as may be prescribed.

5

Provision pursuant to sub-paragraph (2)(g) must secure that the grounds on which a person may appeal against a decision of the enforcement authority not to issue a completion certificate include the following—

a

that the decision was based on an error of fact;

b

that the decision was wrong in law;

c

that the decision was unfair or unreasonable.