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Prohibition Notices (Section 22): As the word implies, this is a more severe type of
notice. It is issued where the inspector is of the opinion that the activities involve, or
may involve, the risk of serious personal injury, e.g. a machine which is not adequately
guarded. The Prohibition Notice shall state that the inspector is of the opinion as
mentioned and shall specify the matters which give rise to the risk and, most important,
direct that the activities to which the notice relates shall not be carried on by or under
the control of the persons on whom the notice is served unless the matters specified in
the notice have been remedied. Such direction shall take immediate effect if the
inspector is of the opinion that the risk of personal injury is or will be imminent; in any
other case, it shall have effect at the end of a period specified in the notice.
A Prohibition Notice, unlike the Improvement Notice, is served on the person carrying
on the activities concerned and which are in breach of the law, whether or not the
person concerned was responsible for the legal requirements.
For example, the person operating an unguarded machine would have the notice served
on him even though the legal requirements for guarding the machine were the
responsibility of his employer. However, the inspector in such circumstances would
serve a copy of the notice on the employer as soon as possible. Notices are normally
served personally and immediately on the spot?, especially in the case of the Prohibition
Notice where the object is to stop the activity immediately.
We can summarise the main differences between the two types of notice as follows:
1.
Prohibition Notices are served in anticipation of danger - that the activities
present a risk of serious personal injury - whereas the Improvement Notice is
served where a contravention of health and safety law is taking place, has taken
place, and is likely to continue (and is not necessarily dangerous).
2.
With Prohibition Notices, there is no requirement that a contravention of health
and safety law is taking, or has taken place.
Choice or Deferral (Section 23): Both an Improvement and a Prohibition Notice may be
framed so as to afford the person on whom the notice is served a choice between
different ways of remedying the contravention; the notice may also be framed to any
extent by reference to any Approved Code of Practice. Where a notice is to be served in
connection with means of escape in case of fire with which the premises are, or ought to
be, provided, the inspector shall consult the fire authority.
In those cases where a notice has been served but is not to take immediate effect, it may
be withdrawn by an inspector at any time before the end of the period specified in the
notice. Also, the period specified may be extended or further extended by an inspector
at any time provided an appeal against the notice is not pending.
