Health and Safety at Work (Northern Ireland) Order 1978

Prohibition notices N.I.

F1 F2 24.—(1) This Article applies to any activities which are being or are [F3 likely] to be carried on by or under the control of any person, being activities to or in relation to which any of the relevant statutory provisions apply or will, if the activities are so carried on, apply.

(2) If as regards any activities to which this Article applies an inspector is of the opinion that, as carried on or[F3 likely] to be carried on by or under the control of the person in question, the activities involve or, as the case may be, will involve a risk of serious personal injury, the inspector may serve on that person a notice—

(a) stating that the inspector is of the said opinion;

(b) specifying the matters which in his opinion give or, as the case may be, will give rise to the said risk;

(c) where in his opinion any of those matters involves or, as the case may be, will involve a contravention of any of the relevant statutory provisions, stating that he is of that opinion, and

(i) specifying the provision or provisions as to which he is of that opinion; and

(ii) giving particulars of the reasons why he is of that opinion; and

(d) directing that the activities to which the notice relates shall not be carried on by or under the control of the person on whom the notice is served unless the matters specified in the notice in pursuance of sub-paragraph ( b) and any associated contravention of provisions so specified in pursuance of sub-paragraph ( c) have been remedied.

[F3 (3) A direction contained in a prohibition notice in pursuance of paragraph (2)( d) shall take effect—

(a) at the end of the period specified in the notice; or

(b) if the notice so declares, immediately.]

F1 mod. by SR 2000/87; 2000/120

F2 mod. by 2002 c. 8 (NI)

F3 1987 NI 20

Modifications etc. (not altering text)

C1 Art. 24 applied (2.4.2006) by The Railways (Interoperability) Regulations 2006 (S.I. 2006/397), reg. 35

C2 Arts. 18-30 applied (with modifications) (27.7.2009) by Chemicals (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009 (S.R. 2009/238), reg. 14(1)(a)

C3 Arts. 18-30 applied (with modifications) (24.8.2009) by Explosives (Hazard Information and Packaging for Supply) Regulations (Northern Ireland) 2009 (S.R. 2009/273), reg. 14(1)(a)

C4 Art. 24 applied (with modifications) (10.5.2010 with effect as mentioned in reg. 41 of the amending Regulations) by Train Driving Licences and Certificates Regulations (Northern Ireland) 2010 (S.R. 2010/132), regs. 1(2), 40(2)(3)(b)

C5 Art. 24 applied (with modifications) (16.1.2012) by Railways (Interoperability) Regulations 2011 (S.I. 2011/3066), reg. 40(2)(3)(b) (with reg. 3)

C6 Arts. 20-28 applied (with modifications) (1.9.2013) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2013 (S.R. 2013/206), regs. 2(1), 7(1)(a) (with regs. 3, 8-15, 19)

C7 Arts. 20-30 applied with modification(s) (1.6.2015) by The Explosives (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2015 (S.R. 2015/236), regs. 1(2), 5(1)(a)

C8 Arts. 20-30 applied (with mofifications) (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2013 (S.R. 2013/206), regs. 2(2), 16 (with regs. 3, 19)

C9 Arts. 18-28 applied (23.10.2015) by The Genetically Modified Organisms (Contained Use) Regulations (Northern Ireland) 2015 (S.R. 2015/339), regs. 1, 30(2)(a) (with reg. 3(1)(2))