Part I
- (b) a code of practice which appears to the court to be the subject of such a notice shall be taken to be the subject of that notice unless the contrary is proved.
Enforcement
Authorities responsible for enforcement of the relevant statutory provisions. 18.—(1) It shall be the duty of the Executive to make adequate arrangements for the enforcement of the relevant statutory provisions except to the extent that some other authority or class of authorities is by any of those provisions or by regulations under subsection (2) below made responsible for their enforcement.
(2) The Secretary of State may by regulations—
- (a) make local authorities responsible for the enforcement of the relevant statutory provisions to such extent as may be prescribed;
- (b) make provision for enabling responsibility for enforcing any of the relevant statutory provisions to be, to such, extent as may be determined under the regulations—
- (i) transferred from the Executive to local authorities or from local authorities to the Executive; or
- (ii) assigned to the Executive or to local authorities for the purpose of removing any uncertainty as to what are by virtue of this subsection their respective responsibilities for the enforcement of those provisions;
and any regulations made in pursuance of paragraph (b) above shall include provision for securing that any transfer or assignment effected under the regulations is brought to the notice of persons affected by it.
(3) Any provision made by regulations under the preceding subsection shall have effect subject to any provision made by health and safety regulations or agricultural health and safety regulations in pursuance of section 15(3)(c).
(4) It shall be the duty of every local authority—
- (a) to make adequate arrangements for the enforcement within their area of the relevant statutory provisions to the extent that they are by any of those provisions or by regulations under subsection (2) above made responsible for their enforcement; and
- (b) to perform the duty imposed on them by the preceding paragraph and any other functions conferred on them by any of the relevant statutory provisions in accordance with such guidance as the Commission may give them.
