Section 23: Provisions supplementary to ss. 21 and 22.

Health and Safety at Work etc. Act 1974 · 1974 c.37

Part I: Health, Safety and Welfare in connection with Work, and Control of Dangerous Substances and Certain Emissions into the Atmosphere

23(1)

In this section "a notice" means an improvement notice or a prohibition notice.

23(2)

A notice may (but need not) include directions as to the measures to be taken to remedy any contravention or matter to which the notice relates; and any such directions—

(a) may be framed to any extent by reference to any approved code of practice; and

(b) may be framed so as to afford the person on whom the notice is served a choice between different ways of remedying the contravention or matter.

23(5)

Where an improvement notice or a prohibition notice which is not to take immediate effect has been served—

(a) the notice may be withdrawn by an inspector at any time before the end of the period specified therein in pursuance of section 21 or section 22(4) as the case may be; and

(b) the period so specified may be extended or further extended by an inspector at any time when an appeal against the notice is not pending.

23(6)

In the application of this section to Scotland—

(a) in subsection (3) for the words from "with the requirements" to "aforesaid" there shall be substituted the words—ato any provisions of the building standards regulations to which that building or matter would be required to conform if the relevant building were being newly erected; orbwhere the sheriff, on an appeal to him under section 16 of the Building (Scotland) Act 1959—has varied the order, to any provisions of the building standards regulations referred to in paragraph (a) above as affected by the order as so varied,iagainst an order under section 10 of that Act requiring the execution of operations necessary to make the building or matter conform to the building standards regulations, oriiagainst an order under section 11 of that Act requiring the building or matter to conform to a provision of such regulations,unless the relevant statutory provision imposes specific requirements more onerous than the requirements of any provisions of building standards regulations as aforesaid or, as the case may be, than the requirements of the order as varied by the sheriff. ;

(b) after subsection (5) there shall be inserted the following subsection—5AIn subsection (3) above "building standards regulations' has the same meaning as in section 3 of the Building (Scotland) Act 1959..

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.