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Posted By Martin Thorpe
Can anyone point me in the right direction to find the difference between a Prohibition Order and a Prohibition Notice issued by the HSE.
I've always known it as a Prohibition Notice.
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Posted By DRB
I suspect, but I'm not certain, that they may be interchangable. Other organisations with enforcement powers (such as the FSA) use enforcement orders against companies. The HSWA only refers to notices.
Not much help but try googling it and see what you get
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Posted By Dave Wilson
Both one and the same I think.
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Posted By Martin Thorpe
Thats's what i thought.
To my mind, Notice is more commonly referred to than Order (at least when talking about the HSE), but after trying a google search and conducting a search on the HSE website, both come up as results.
Odd.
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Posted By JonH
Yes I believe a Prohibition/Improvement Notice is the written confirmation of a Prohibition/Improvement Order.
Like a parking ticket is written confirmation of the parking offence. That's my understanding!
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Posted By holmezy
Martin,
from years ago, I seem to remember someone explaining it to me as follows;
A prohibition order is issued via a magistrate or court to a non legal body, ie you or me would have to apply to the courts to have in order placed against someone.
Orders can be dished out by legal bodies ie HSE without having to seek approval.
It seemed sensible at the time, but now I've written it down and thought about it I'm not so sure! Either way, both an order or a notice prevent you from doing something so are essentially the same?
Holmezy
Soon be beer time.....
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Posted By holmezy
Sorry,
meant to say
NOTICES can be dished out by legal bodies ie HSE without having to seek approval.
Having read the post re an order backing up a notice in writing, that seems more reasonable than my answer!!
Beer time....can almost smell it!
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Posted By Adrian Watson
Martin,
There is no such thing as a prohibition order in the HSWA 74; there is only a prohibition notice. There are prohibition orders in other legislation such as the EPA 90.
Regards Adrian Watson
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Posted By Keith Radcliffe
I too would consider the 2 to be the same. I think in Ireland PO is widely referred to? However, I remember reading an article last year whereby a Heating Engineering Co [or engineer] were issued with PN [perhaps not being Corgi reg], however, it was breached [they continued to work ignoring the Notice] A PO was then issued pending a HSE enquiry/subsequent court proceedings?
May be someone has other examples.
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Posted By Jon H
If you look at this link from the HSE website -
http://www.hse.gov.uk/lau/lacs/22-1.htm
Scroll down to the bottom - Apendix 1, it clearly refers to prohibition orders under the HASAWA.
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