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Improvement notices and orders.
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52.—(1) Where an authorised officer is of the opinion—
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(a) that at any premises (or part of a premises and including any premises on lands contiguous or adjacent to the premises) any activity which involves the handling, preparation, processing, manufacturing, distribution, storage or selling of food, or
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(b) that the condition of any premises (or part of a premises and including any premises or lands contiguous with or adjacent to the premises) at, in or on which these activities are carried out,
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is of such a nature that if it persists, it will or is likely to pose a risk to public health, the officer may, following consultations with the chief executive or such other officer of the Authority or an official agency designated in that behalf by the Board, serve, or arrange to have served, on the proprietor or person in charge a notice (“improvement notice”) signed by the officer or the chief executive or other officer of the Authority or official agency designated in that behalf by the Board, and stating that he or she is of that opinion and the notice shall—
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(i) identify the activity or defect in the premises (or part thereof) giving rise to the risk,
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(ii) require that remedial action be taken and, if appropriate, shall specify the nature or details or such remedial action,
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(iii) specify a time limit by which the remedial action is to be completed or implemented, and
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(iv) shall include any other requirements as are considered necessary in the given circumstances by the authorised officer.
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(2) An improvement notice shall be served on the proprietor or person in charge of the premises and shall be effective immediately or, as appropriate, from a date specified in the notice and the Board shall be notified at the next available meeting of the Board of any such service.
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(3) The chief executive or a member of the staff of the Authority or a member of the Board, authorised by the Board in this connection, may, for stated reasons, revoke or vary an improvement notice made in accordance with this section and the Board shall be notified at the next available meeting of the Board of any such revocation or variation and the reasons therefor.
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(4) Where an improvement notice is not complied with or is not complied with to the satisfaction of an authorised officer, the Authority or official agency may seek an order (“improvement order”) of the District Court addressed to the proprietor or person in charge, directing him or her to comply with the improvement notice and the order shall specify—
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(a) the remedial work to be undertaken,
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(b) the time limit for completion or implementation of the remedial work, and
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(c) such other requirement, if any, as the Court may consider appropriate.
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(5) An improvement order shall provide that the Authority or official agency may serve a closure order—
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(a) where the improvement order is not complied with within the time specified in the improvement order, or
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(b) where there are circumstances specified in the improvement order which arise prior to the expiry of the time limit specified in the improvement order which warrant the serving of a closure order.
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(6) Nothing in this section shall prevent the Authority or official agency from serving a closure order at any time in respect of any premises which is subject to an improvement notice if, in the opinion of an authorised officer, the circumstances require the service of a closure order.
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