sec.176Contents of improvement notices

sec.176 Contents of improvement notices

An improvement notice must— if the notice relates to a contravention or likely contravention of this Law— state that the rail safety officer believes the person— is contravening a provision of this Law; or has contravened a provision of this Law in circumstances that make it likely that the contravention will continue or be repeated; and state the provision the officer believes is being, or has been, contravened; and briefly, state how the provision is being, or has been, contravened; and state the day before which the person is required to remedy the contravention or likely contravention; and in any other case— state that the rail safety officer believes the person is carrying out or has carried out— railway operations that threaten safety; or other operations that threaten rail safety; and briefly, state how— the railway operations are threatening, or have threatened, safety; or the other operations are threatening, or have threatened, rail safety; and state the day before which the person is required to carry out railway operations or other operations so that safety is not threatened or likely to be threatened; and if a cost-benefit analysis has been carried out under section 175 , set out the results of that analysis; and set out the penalty for non‐compliance with the notice; and include information about the right to a review under Part 7 of the decision to serve the notice; and state that the notice is served under this section. An improvement notice served on a person on a ground stated in section 175 (1) (a) or (b) may include directions concerning the action to be taken to remedy the contravention or prevent the likely contravention, or the things or operations causing the contravention or likely contravention, to which the notice relates. An improvement notice served on a person on the ground stated in section 175 (1) (c) may include directions concerning the action to be taken by which railway operations or other operations to which the notice relates may be carried out so that safety is not threatened or likely to be threatened. The day stated for compliance with the improvement notice must be reasonable in all the circumstances. (sec.176-ssec.1) An improvement notice must— if the notice relates to a contravention or likely contravention of this Law— state that the rail safety officer believes the person— is contravening a provision of this Law; or has contravened a provision of this Law in circumstances that make it likely that the contravention will continue or be repeated; and state the provision the officer believes is being, or has been, contravened; and briefly, state how the provision is being, or has been, contravened; and state the day before which the person is required to remedy the contravention or likely contravention; and in any other case— state that the rail safety officer believes the person is carrying out or has carried out— railway operations that threaten safety; or other operations that threaten rail safety; and briefly, state how— the railway operations are threatening, or have threatened, safety; or the other operations are threatening, or have threatened, rail safety; and state the day before which the person is required to carry out railway operations or other operations so that safety is not threatened or likely to be threatened; and if a cost-benefit analysis has been carried out under section 175 , set out the results of that analysis; and set out the penalty for non‐compliance with the notice; and include information about the right to a review under Part 7 of the decision to serve the notice; and state that the notice is served under this section. (sec.176-ssec.2) An improvement notice served on a person on a ground stated in section 175 (1) (a) or (b) may include directions concerning the action to be taken to remedy the contravention or prevent the likely contravention, or the things or operations causing the contravention or likely contravention, to which the notice relates. (sec.176-ssec.3) An improvement notice served on a person on the ground stated in section 175 (1) (c) may include directions concerning the action to be taken by which railway operations or other operations to which the notice relates may be carried out so that safety is not threatened or likely to be threatened. (sec.176-ssec.4) The day stated for compliance with the improvement notice must be reasonable in all the circumstances.