Section 27: Power of Permanent Secretary to make prohibition orders
consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
27. Power of Permanent Secretary to make prohibition orders
(1) Where, in the opinion of the Permanent Secretary, any place of work
or any activity carried on therein or which are about to be carried on therein,
involves a risk of serious bodily injury, he may make an order in the form and
giving the particulars set out in the Second Schedule, prohibiting the use of
the place of work or the carrying on of the activities until the risk is removed
to his satisfaction, and serve such order on the employer or his representative or the person in control of the place of work.
(2) (a) An order made under subsection (1) shall—
(i) take immediate effect where the Permanent Secretary is of the
opinion that the risk of serious bodily injury or danger is or, as
the case may be, will be imminent; or
(ii) have effect as from such date as is specified in the order.
(b) Where an order made under subsection (1) is not to take immediate effect—
(i) the order may be withdrawn at any time before the date specified therein; or
(ii) the period specified may be extended by the Permanent Secretary where an appeal against the order is not pending.
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Questions this section answers
- Can the Permanent Secretary shut down a dangerous workplace activity?
- Can a prohibition order on my workplace take effect immediately?