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Notice
Stage 1: Consider a notice

Step 1.1

For: Inspector

Can a notice be supported with sufficient evidence?


Gather all the evidence and information available, assess it and decide:

  • if it is sufficient to support your opinion in the context of HSWA Sections 21 or 22 that an improvement or prohibition notice should be served, and
  • sufficient to successfully defend the decision to issue a notice at an appeal hearing before an Employment Tribunal, or
  • whether more evidence/information is required and obtainable

All material gathered:

  • should be recorded and retained in accordance with the CPI Act in England and Wales or the Enforcement Handbook in Scotland

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Step 1.2

For: Inspector

Are you minded to serve a notice?


Taking into account the different types of notice,

where there is risk of serious personal injury and you are of the opinion the activity should be stopped immediately:

  • serve an immediate prohibition notice, taking into account the relevant requirements in stages 2, 3 and 4 of this procedure

where the immediate cessation of the activity would give rise to further risks, e.g. uncontrolled shutdown of a chemical process:

  • consider serving a deferred prohibition notice

where there is, or has been, a legal contravention and it is likely to continue or be repeated:

  • consider serving an improvement notice

where the enforcement decision relates to crown premises:

  • consider serving a crown notice

For guidance on this, please see:

Next: Stage 2: Discuss notice

Updated 2012-09-19