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Improvement Notice 21 of the HASAW etc act 74

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SLindley
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Improvement Notice 21 of the HASAW etc act 74

Post by SLindley » Sun Nov 03, 2013 2:34 pm

Dear all,

Can anyone advise me on improvement notices (21) if the requirements of the notice are ignored what would the penalties be which are available on conviction for failing to comply with the notice ?

My answer:- If the notice is ignored the penalties would depend whether summary or indictment. On summary the penalty could be prison for up to 12 months or a fine up to £20,000 or both (Magistrates).

On indictment it could be prison for up to 2 years or a fine (unlimited) or both.

Can anyone advise me if I am missing any other information and whether failing to act on the notice is an offence itself could that be one offence and on top of that the penalties for which the improvement notice is served also?

Regards

SLindley

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Re: Improvement Notice 21 of the HASAW etc act 74

Post by Coldrop » Sun Nov 03, 2013 4:45 pm

For breach of the terms of an improvement or prohibition notice, or of a remedy order made by the court
the maximum penalty on conviction in the magistrates’ court is a £20,000 fine and/or 6 months' imprisonment
On conviction in the Crown Court, the maximum penalty is an unlimited fine and/or two years’ imprisonment

Offences in the magistrates' court only ("summary offences")
Certain offences, such as failing to comply with a requirement of an inspector using his/her section 20 powers and intentionally obstructing an inspector, are triable only in the magistrates’ court. These offences attract a maximum fine of level 5 on the standard scale, which is £5,000 at present.
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