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Conditions for a valid notice

1. Before serving a notice you should be of the considered opinion, based on reasonable grounds, that the chosen form of notice (improvement or prohibition) is justified. You should also:

2. You must consider whether a notice will survive an appeal. Normally it will be sufficient if:

3. Tribunals will usually find that you have acted reasonably in serving the notice if:

4. The suggested methods for compliance contained in the notice schedule should be unambiguous but still allow that there may be other methods of compliance. The dutyholder should be able to tell when they have achieved the standard required for compliance rather than the emphasis being placed on the HSE inspector to approve the steps taken.

Updated 2009-07-07