Posted By Dave Wilson
I don't think so as the condition of a notice is to stop that particular activity until you have done enough to satisfy the officer that you have complied.

The notice would no longer be in force if you comply. However if you then revert back and are caught standby for really heavy prosecution.

Where he may be coming from is that once the notice is served you have to comply or you have to get an Industrial Tribunal to lift it (very rare) as legally the inspector cannot remove it as though it never happened.

This is a really big problem with overzealous inspectors as once they have issued there is no going back for them as they cannot revoke it.

Thats why the hate anybody appealing a PN, with an IN the big cheeses at the HSE can say Ok maybe we were a bit OTT and revoke it but not with a PN. You can speak to them off the record and they will say that's a bit hard but when push comes to shove they close ranks and then can make your life hell.

Any one who goes to an IT do not be put off as each side pay their own costs and don't be put off by HSE solicitors letters saying that they will try to recover costs, ask the IT and they will tell you HSE in IT cases very rarely if at all get their costs paid.

Started off answering the query and then went off on one OOOPs!

Posted By Brian Hagyard
Keith

Not sure it exactly what you want, but the HSE enforcement guide is freely available to all on their web site (well most of it any way)

Try this link http://www.hse.gov.uk/en...forcementguide/index.htm
Then chose the notice section.

Brian

Posted By LMR
Keith
If you search on the HSE record for enforcement notices and enter Prohibition notice you will see that there is no date given for compliance as they are immediate and that unsafe act or unsafe condition is thereafter prohibited.
However, if you look at Improvement notices you will see that there is a date for compliance and this remains then actively recorded for a period of three/five years.
In truth neither are ever 'lifted' prohibition is STOP NOW and improvement is STOP THINK AND MAKE THIS SAFE within a stated timeframe (compliance date).
They both remain active as both are intended to prevent unsafe acts or conditions and therefore if served with either you may go back to the action, condition or act but they must be in a safe manner that does not contravene or contradict any terms set in an improvement or prohibition notice.
Hope this helps to explain how all records available within the HSE enforcement register will assist you in demonstrating this.