Application of provisions of the Order5
1
Articles 9(1) and (2) of the Order (improvement notices) apply, with the modification (in the case of Article 9(1)) specified in Part 1 of Schedule 2, for the purposes of enabling an improvement notice to be served on a person requiring that person to comply with a specified EU requirement and making the failure to comply with an improvement notice an offence.
2
Article 33 of the Order (powers of entry) applies, with the modifications (in the case of Article 33(1)) specified in Part 1 of Schedule 2, for the purposes of enabling an authorised officer—
a
to exercise a power of entry to ascertain whether there is, or has been, any contravention of a specified EU requirement;
b
to exercise a power of entry to ascertain whether there is any evidence of any contravention of a specified EU requirement; and
c
when exercising a power of entry under the provisions of Article 33 as applied by this paragraph, to exercise the powers in paragraphs (6) and (7) relating to records.
3
Article 37 (appeals) and Article 38 (appeals against improvement notices) of the Order apply, with the modifications specified in Part 1 of Schedule 2, for the purpose of enabling a decision to serve a notice referred to in paragraph (1) to be appealed.
4
The provisions of the Order specified in column 1 of the table in Part 2 of Schedule 2 apply, with the modifications specified in column 2 of that Part.
5
Paragraphs (1) to (4) are without prejudice to the application of the Order to these Regulations for purposes other than those specified in those paragraphs.
6
In this regulation “authorised officer” has the same meaning as in Article 2(2)(a) of the Order.