S.L. 424.19 Art. 15Prohibition of use.

(1) The competent authority shall prohibit the use or bringing into use of any establishment, installation or storage facility, or any part thereof where the measures taken by the operator for the prevention and mitigation of major accidents are seriously deficient. To this end, the competent authority shall, inter alia, take into account serious failures to take the necessary actions identified in the inspection report.

(2) The competent authority may prohibit the use or bringing into use of any establishment, installation or storage facility, or any part thereof if the operator has not submitted the notification, reports or other information required by these regulations within the specified period.

(3) Where the competent authority proposes to prohibit an operation or the bringing into operation of an establishment or installation or any part thereof pursuant to this regulation, it may serve on the operator a notice giving reasons for the prohibition and specifying the date when it is to take effect, and any such notice may be withdrawn in writing by the competent authority.

(4) A notice served pursuant to sub-regulation (3) may specify measures which, if taken, would cause the competent authority to withdraw the notice.

(5) Where a notice has been served on an operator in accordance with sub-regulation (3) the operator shall comply with it (including any such notice as modified on appeal).

(6) The operators may appeal against a prohibition order issued by the competent authority made under sub-regulations (1) and (2) in accordance with the relevant provisions of the Health and Safety at Work Act or of the Environment Protection Act.