Statutory Notices
Last updated:Improvement Notices
Issued where a breach of law is occurring. The notice will require that the contravention is addressed within a specified time. (A minimum of 21 days must be given in order for appeals to be considered and made to a Tribunal.) Non-compliance with the Notice is an offence and may result in prosecution. But, when an appeal is made in respect of an Improvement Notice, the Notice is suspended until the appeal is heard and disposed of.
Prohibition Notices
Issued where there is a high likelihood of serious personal injury. The process, area etc. which has given rise to the Notice being issued must cease immediately and may not be restarted until the process, area etc. has been addressed and remedied. Prohibition Notices usually take effect immediately, but may be deferred by the Inspector. Appeal against the Notice must be made within 21 days of issue. The requirements of the Notice must still be observed until the Appeal has been heard and disposed of.
Penalties and Prosecutions
An Inspector may decide to prosecute, instead of, or as well as issuing a Notice. In the first instance this will take place in the Magistrates Court (England and Wales) or Sheriff’s Court (Scotland). Upon conviction, the Court can impose fines of up to £20,000 per offence.
Additionally, fines of up to £2,000 per day can be imposed for non-compliance with an Improvement or Prohibition Notice. In serious situations, the case may be dealt with by Crown Court (England and Wales) or by Sheriff Court - Solemn Proceedings (Scotland).
These Courts can impose unlimited fines and for specified offences imprisonment for up to 2 years. If the facts warrant such action - any person, as well as the "body corporate" may be subject to prosecution.