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Notices
Stage 1 Consider a notice - Additional guidance

Differences between prohibition and improvement notices

HSWA Section Type of Notice Is a legal contravention necessary? The necessary risk Notice takes effect Effect of appeal Statutory bar or condition Person on whom notice may be served
21 Improvement There must be a contravention (or have been one) and it is likely that it will be continued or repeated No risk specified and covers circumstances where there is no risk When specified but not earlier than 21 days after issue Suspension of notice until appeal is determined See s.23(3), (4) and (6) Person contravening provision
22 Prohibition (immediate) Not necessary Risk of serious personal injury or activities subject to the relevant statutory provisions likely to be carried out and ,if so, there will be risk of serious personal injury (see definition of personal injury in s.53) Immediately No suspension of notice unless the Industrial Tribunal rules accordingly s.23(4) Person under whose control activity is carried on or by whom it is carried on
22 Prohibition (deferred) Not necessary Risk of serious personal injury or activities subject to the relevant statutory provisions likely to be carried out and,if so, there will be risk of serious personal injury (see definition of personal injury in s.53) At any time specified Ditto Ditto Ditto

Note: Crown notices are not issued under HSWA and are not legally binding. They should only be served on Crown bodies (not individuals) following the same criteria that apply to statutory notices.

back to step 1.2

Updated 2013-04-11