S.L. 623.6 Art. 13Power of the Directortoissuean enforcement notice.

(1) The Director shall have the power to issue an enforcement notice in any one (1) of the following circumstances:

(a) if the method statement has not been submitted in accordance with these regulations; or

(b) if no third party insurance is submitted for the construction works in accordance with these regulations; or

(c) if the demolition, excavation or construction works are not being carried out in accordance with the method statement or in accordance with regulations; or

(d) if, irrespective of the adherence or otherwise to the method statement and relevant regulations, the Director is of the opinion that the demolition, excavation or construction works are likely to cause material damage to third party property or will result in danger to workers or to third parties.

(2) The Director may delegate to officers of the Building and Construction Authority and any person appointed by him the power to issue on his behalf an enforcement notice.

(3) Should a person who is served with an enforcement notice fail to abide by the provisions of that notice or cease operations as requested in the notice, the Director or his delegated representative shall call for the presence of the Force of Order who shall for such purpose exercise such powers as are vested in them at law to assist the server of the enforcement notice in ensuring that the said notice is complied with:

Provided that should the Director or his delegated representative decide not to issue an enforcement notice, this shall not be construed as a form of endorsement of the method statement, nor shall it be construed as an endorsement of the work methodology being carried out on site.

(4) All expenses reasonably incurred by the Director in the exercise of his power under this regulation shall be recoverable as a civil debt by the Director from the person or persons to whom the enforcement notice is issued, subject to any right of recovery such person or persons may have against any other person.