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.
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