SCHEDULES
C1SCHEDULE 8Inspectors
C1PART 2Powers exercisable by inspectors authorised by instrument of appointment: improvement notices and prohibition notices
Improvement and prohibition notices: supplementary
I1C15
1
In this paragraph “a notice” means an improvement notice or a prohibition notice.
2
A notice may (but need not) include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates.
3
Any such directions—
a
may be expressed by reference to any approved code of practice, and
b
may afford the person to whom the notice is given a choice between different ways of remedying the contravention or matter.
4
Sub-paragraph (5) applies where—
a
any of the applicable provisions applies to a building or any matter connected with a building, and
b
an inspector proposes to serve an improvement notice relating to a contravention of that provision in connection with the building or matter.
For this purpose “applicable provision” has the same meaning as in paragraph 3.
5
The notice must not direct any measures to be taken to remedy the contravention that are more onerous than any measures that would be necessary to secure conformity with—
a
current new-build requirements, or
b
if the provision in question imposes specific requirements that are more onerous than the requirements of any current new-build requirements, those specific requirements.
6
In sub-paragraph (5), “current new-build requirements”, in relation to a building, or matter connected with a building, means the requirements of any building regulations for the time being in force to which the building or matter would be required to conform if the relevant building were being newly erected.
7
In sub-paragraph (6), “building regulations”, in relation to Scotland, has the meaning given by section 1 of the Building (Scotland) Act 2003 (asp 8).
8
Where an improvement notice or a prohibition notice which is not to take immediate effect has been given—
a
the notice may be withdrawn by an inspector at any time before the end of the period specified in it under paragraph 3(2) or 4(4)(a), and
b
the period so specified may be extended or further extended by an inspector at any time when an appeal against the notice is not pending.
Sch. 8 modified (1.4.2014) by The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014 (S.I. 2014/469), art. 1(2), Sch. 1 para. 5(2)Sch. 1 para. 5(3)(b) (with Sch. 1 paras. 6, 4)