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Power of Minister to require plant to be examined and tested and to require certain reports.
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10.—(1) Where there is an accident or dangerous occurrence in a factory or specified premises and the Minister is satisfied that the accident or occurrence may have been caused (whether wholly or partly) by any plant, then if the Minister considers it necessary for the proper investigation of the accident or occurrence, he shall by a notice in writing require the occupier, or the owner of the plant concerned,
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(a) to have such plant, or in case the accident or occurrence is believed to have been so caused by a part thereof, that part, examined and tested forthwith by a competent person, and
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(b) to have a report of the results of the examination and test prepared and submitted to the occupier or such owner, as may be appropriate, by the person by whom the examination and test was carried out as soon as may be and in any case not later than twenty-eight days after the completion of the examination and test, and
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(c) to give to the Minister a copy of such report within seven days of its receipt in pursuance of paragraph (b) of this subsection.
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(2) A report required under subsection (1) of this section shall include particulars of—
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(a) the manner in which the relevant examination was carried out,
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(b) the method used when making any tests,
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(c) any structural or other weakness or defect which in the opinion of the person carrying out the examination would affect the ultimate strength of, or account for any failure in, the plant examined, and
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(d) such other matter as the Minister may specify when making the requirement.
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(3) If the Minister is not satisfied as to the adequacy of a report under this section, or the competence of a person employed to make an examination and test referred to in this section or as to the adequacy of such an examination and test, he may require the owner of the plant concerned to have it re-examined and tested at the expense of such owner by a person nominated by the Minister, and in case the Minister makes a requirement under this subsection such owner shall give any necessary facilities for such re-examination and test.
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(4) Any person who fails to comply with a requirement of a notice served on him under subsection (1) of this section shall be guilty of an offence.
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(5) In any proceedings for an offence under this section it shall be a good defence for the accused to prove that he used all due diligence to comply with the requirements of the relevant notice.
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