The use of statutory notices will be linked to criteria including risk except where local authorities are required to service notice by controlling legislation upon identification of certain matters, for example nuisances and the Environmental Protection Act 1990. Service of Statutory Notice is appropriate when:
- there are significant contraventions of legislation
- owners, landlords etc have shown reluctance to comply with legislation
- there is a lack of confidence in a successful outcome from an informal approach
- there is a serious risk to health and/or safety
- the consequences of non-compliance present a significant risk
- there are multiple breaches of legislation
- no remedial action has been taken after an informal approach
- generally standards are not good
- there is a lack of confidence in the owner/landlord etc carrying out whatever is required
- there is a statutory duty to take formal action
Notices must only be served where there is proof that an offence has been or will be committed such that the evidence available would be admissible as evidence in a court of law.
The limits specified in the notice must be realistic and where possible all requirements of the notice should be agreed with the recipient in advance. In arriving at limits and requirements for a notice the officer must give due consideration to the likely cost of works, extent of works, availability of equipment and/or expertise required in order to ensure a realistic outcome.
All statutory notices served must set out rights of appeal and clearly state that failure to comply may result in court proceedings or work being carried out in default, if appropriate, at the owners/landlords expense.
The council, for certain notices, may be required to undertake a process of advance disclosure of their intention to act. The council may utilise the advance disclosure process on a voluntary basis if considered appropriate.