Failure to comply

1. Where there is non-compliance with a notice a prosecution should normally follow. A prosecution may fail if the notice:

• has not been properly served; or
• cannot be complied with because the wording is so confusing; or
• was, in the opinion of the court, in fact complied with.

2. Following a conviction the court may under section 42 of HSWA order the person to take steps to remedy the matters within his/ her control within a specified time. (This is in addition to, or instead of, any other penalty). Prosecution should normally follow for failure to comply with such an order. See Power of Court to Order Remedial Action.