24c. 37
Health and Safety at Work etc. Act 1974
Part I
(5) Where an improvement notice or a prohibition notice which is not to take immediate effect has been served—
- (a) the notice may be withdrawn by an inspector at any time before the end of the period specified therein in pursuance of section 21 or section 22(4) as the case may be; and
- (b) the period so specified may be extended or further extended by an inspector at any time when an appeal against the notice is not pending.
(6) In the application of this section to Scotland—
- (a) in subsection (3) for the words from “with the requirements” to “aforesaid” there shall be substituted the words—
- “(a) to any provisions of the building standards regulations to which that building or matter would be required to conform if the relevant building were being newly erected; or
- (b) where the sheriff, on an appeal to him under section 16 of the 1959 c. 24.Building (Scotland) Act 1959—
- (i) against an order under section 10 of that Act requiring the execution of operations necessary to make the building or matter conform to the building standards regulations, or
- (ii) against an order under section 11 of that Act requiring the building or matter to conform to a provision of such regulations,
- has varied the order, to any provisions of the building standards regulations referred to in paragraph (a) above as affected by the order as so varied,
- unless the relevant statutory provision imposes specific requirements more onerous than the requirements of any provisions of building standards regulations as aforesaid or, as the case may be, than the requirements of the order as varied by the sheriff.”;
- (b) after subsection (5) there shall be inserted the following subsection—
- “(5A) In subsection (3) above building standards regulations has the same meaning as in section 3 of the Building (Scotland) Act 1959.”.
Appeal against improvement or prohibition notice. 24.—(1) In this section “a notice” means an improvement notice or a prohibition notice.
(2) A person on whom a notice is served may within such period from the date of its service as may be prescribed appeal to an industrial tribunal; and on such an appeal the tribunal