59Effect of provisional improvement notice

#### 59 Effect of provisional improvement notice (1) Within 7 days after a provisional improvement notice is issued under section 58, a person to whom a copy of the notice has been issued under subsection 58(1) or a person to whom a copy of a notice has been given under subsection 58(5) may ask the Inspectorate or an inspector to conduct an investigation of the matter. (2) On the request being made, the operation of the notice is suspended pending the determination of the matter by an inspector. (3) As soon as possible after a request is made, an investigation must be conducted of the work that is the subject of the disagreement, and the inspector conducting the investigation must: (a) confirm, vary or cancel the notice and notify the person in command and any person to whom a copy of the notice has been given under subsection 58(5) accordingly; and (b) make such decisions, and exercise such powers, under Part 4, as the inspector thinks necessary in relation to the work. (4) If the inspector varies the notice, the notice as so varied has effect, and, except in so far as it imposes additional obligations on any person notified under paragraph (3)(a), is taken to have always had effect, accordingly.