PART 5N.I.REQUIREMENTS ETC.

Enforcement Officers and Premises Improvement NoticesN.I.

18.—(1) A district council may designate a person as an enforcement officer for the purposes of these Regulations.

(2) An enforcement officer may exercise the powers of a constable in relation to regulations 3 to 8 and 15 to 17.

(3) An enforcement officer may issue a notice (a “premises improvement notice”) to a person (P) responsible for carrying on a business at, or providing services from, the premises to which the notice relates if the enforcement officer considers that—

(a)P is not complying with a requirement imposed on P under regulations 3 to 8 and 15 to 17; and

(b)the measures specified in the notice are [F1reasonably] necessary and proportionate in order to ensure that P does so comply.

(4) A premises improvement notice must specify the—

(a)premises to which it relates;

(b)measures the enforcement officer [F2reasonably] requires P to take in order to ensure that P complies with a requirement under regulations 3 to 8 and 15 to 17; and

(c)time limit, which must not be less than 48 hours beginning with the time the notice is issued, within which the measures must be taken.

(5) An enforcement officer must issue a notice terminating a premises improvement notice (a “termination notice”) if satisfied that—

(a)the measures specified in the premises improvement notice have been taken; or

(b)other measures have been taken to [F3reasonably] ensure that regulations 3 to 8 and 15 to 17 are complied with.

(6) A premises improvement notice ceases to have effect upon the issue of a termination notice.

(7) A premises improvement notice or a termination notice is issued by giving P a written copy of it.

(8) Where P is not on the premises to which a notice relates when it is to be issued, the notice is to be treated as having been issued to P—

(a)if a written copy of it is given to another person on the premises who appears to be involved in the business or service in question; or

(b)if there is no such person on the premises at that time, a written copy of the notice is placed in a conspicuous position on or at the premises.

(9) As soon as reasonably practicable after issuing a premises improvement notice, the enforcement officer must—

(a)display a copy of the notice, and a sign in the form set out in Schedule 3, in a prominent place near every entrance to the premises; and

(b)arrange for the notice to be published on the website of the district council for the local government district in which the premises are located.

(10) A notice or sign referred to in sub-paragraph (9)(a) must be at least A4 size.

(11) A person must not remove a notice or sign required to be displayed under paragraph (9)(a) for as long as it has effect.

Textual Amendments