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Prohibition notices.
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11.—(1) This section applies to any activities which are being or are about to be carried on by or under the control of any person, being activities to or in relation to which any provision of the Acts or of regulations under the Acts applies or will, if the activities are so carried on, apply.
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(2) If as regards any activities to which this section applies the Minister is of the opinion that, as carried on or about to be carried on by or under the control of the person in question, the activities involve or, as the case may be, are likely to involve a risk of serious bodily injury to persons employed, the Minister may serve on that person a notice (in this Act referred to as “a prohibition notice”).
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(3) A prohibition notice shall—
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(a) state that the Minister is of the said opinion,
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(b) specify the matters which in his opinion give or, as the case may be, are likely to give rise to the said risk,
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(c) where in his opinion any of those matters involves or, as the case may be, will involve a contravention of any provision of or any regulations under the Acts, state that he is of that opinion, specify the provision or provisions as to which he is of that opinion, and give particulars of the reasons why he is of that opinion, and
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(d) direct that the activities to which the notice relates shall be carried on neither by or under the control of the person on whom the notice is served nor by or under the control of any other person unless the matters specified in the notice in pursuance of paragraph (b) of this subsection, and any associated contravention of provisions so specified in pursuance of paragraph (c) of this subsection, have been remedied.
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(4) A prohibition notice shall take effect—
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(a) in case the Minister is of the opinion, and states it in the notice, that the risk of serious bodily injury to persons employed is or, as the case may be, will be imminent, immediately the notice is received by the person on whom it is served,
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(b) in any other case—
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(i) if no appeal is taken against the notice, on the expiration of the period during which such an appeal may be taken or the day specified in the notice as that on which it is to come into effect, whichever is the later, or
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(ii) in case such an appeal is taken, on the day next following the day on which the notice is confirmed on appeal or the appeal is withdrawn or the day specified in the notice as that on which it is to come into effect, whichever is the later.
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(5) (a) A person who is aggrieved by a prohibition notice may, within the period of seven days beginning on the day on which the notice is served on him, appeal to a Justice of the District Court against the notice and in determining the appeal the Justice may—
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(i) if he is satisfied that in the circumstances of the case it is reasonable so to do, confirm the notice, with or without modification,
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or
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(ii) cancel the notice.
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(b) Where on the hearing of an appeal under this section a prohibition notice is confirmed, notwithstanding subsection (4) of this section, the Justice by whom the appeal is heard may, on the application of the appellant, suspend the operation of the notice for such period as in the circumstances of the case he considers appropriate.
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(6) The Minister may revoke a prohibition notice.
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(7) A prohibition notice shall be signed by an officer of the Minister who is for the time being authorised in writing by the Minister to sign such notices.
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(8) (a) Where a prohibition notice has been served and activities are carried on in contravention of the notice, the High Court may on the application of the Minister by order prohibit the continuance of the activities.
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(b) An application to the High Court for an order under this subsection shall be by motion and the Court when considering the matter may make such interim or interlocutory order (if any) as it considers appropriate. The order by which an application under this subsection is determined may contain such terms and conditions (if any) as to the payment of costs as the Court considers appropriate.
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(9) Any person who carries on activities in contravention of a prohibition notice shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200.
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