Where there is non-compliance
with a notice a prosecution should normally follow. A
prosecution may fail if the notice:
has not been properly served; or
cannot be complied with because
the wording is so confusing; or
was, in the opinion of the court,
in fact complied with.
Following a conviction the court may under
section 42 of HSWA order the person to take steps to remedy
the matters within his/ her control within a specified
time. (This is in addition to, or instead of, any other
penalty). Prosecution should normally follow for failure
to comply with such an order. See Power
of Court to Order Remedial Action.
