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SWIMMING POOLS ACT 1992 - SECT 23A
Compliance with direction of local authority
23A Compliance with direction of local authority
(1) An authorised officer, or a person acting under the direction of a
local authority, may carry out some or all of the requirements of a direction
given by the local authority under section 23 if-- (a) the person to whom the
direction is given fails to comply with the direction within the time
specified in the direction, or
(b) the local authority considers that the
requirements of the direction need to be carried out urgently as there is a
significant risk to public safety.
(2) Before any requirement of a direction
is carried out under this section, a local authority or authorised officer
must serve on the occupier of the premises a notice of intention to carry out
the requirement.
(3) An authorised officer, or a person acting under the
direction of a local authority, may enter any premises (other than part of any
building, or moveable dwelling, used for residential purposes) in order to
exercise functions under this section.
(4) Before entering premises under
this section, a local authority or authorised officer must seek the consent of
the occupier of the premises to the entry.
(5) If the consent of the occupier
of the premises is not able to be obtained, the authorised officer or person
acting under the direction of the local authority may only enter the
premises-- (a) after 24 hours have elapsed since the consent of the occupier
was sought, and
(b) between 9.00 am and sunset.
(6) If an
authorised officer, or a person acting under the direction of a
local authority, carries out some or all of the requirements of a direction in
accordance with this section, the reasonable costs of carrying out those
requirements may be recovered as a debt by the local authority in a court of
competent jurisdiction from the person to whom the direction was given.
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