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Amendment of section 8 of Act of 1990
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37. Section 8 of the Act of 1990 is amended—
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(a) in subsection (4), by the insertion of the following paragraph after paragraph (b):
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“(ba) require a person on whom the notice is served to cut into or lay open any such building or works insofar only as may be necessary to allow the building control authority to ascertain that the building regulations have been complied with in relation to the building or works the subject of the notice,”,
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and
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(b) by the insertion of the following subsections after subsection (4)—
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“(4A) A building control authority may include, in an enforcement notice, a requirement pursuant to subsection (4)(ba) only where it is satisfied that it is necessary following—
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(a) an inspection by an authorised person, in accordance with section 11, of the building or works in relation to which the enforcement notice is to be issued, and
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(b) the issue, by an authorised person, of a warning under section 11(3A) stating that the building control authority concerned intends to issue an enforcement notice which includes a requirement under paragraph (ba).
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(4B) Where an enforcement notice includes a requirement pursuant to subsection (4)(ba)—
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(a) an authorised person shall be present during the works carried out pursuant to that notice, and
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(b) the notice shall identify—
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(i) the building, or part thereof, or works to be cut into or laid open,
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(ii) the provision of the building regulations that are alleged to be contravened, and
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(iii) the timeframe within which the cutting into or laying open of works is to be carried out.”.
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