45 Default powers
Health and Safety at Work etc Act 1974 (1974 c 37) | Legislation

45  Default powers

(1)     Where, in the case of a local authority who are an enforcing authority, [the Executive] is of the opinion that an investigation should be made as to whether that local authority have failed to perform any of their enforcement functions, [the Executive] may make a report to the Secretary of State.

(2)     The Secretary of State may, after considering a report submitted to him under the preceding subsection, cause a local inquiry to be held; and the provisions of subsections (2) to (5) of section 250 of the Local Government Act 1972 as to local inquiries shall, without prejudice to the generality of subsection (1) of that section, apply to a local inquiry so held as they apply to a local inquiry held in pursuance of that section.

(3)     If the Secretary of State is satisfied, after having caused a local inquiry to be held into the matter, that a local authority have failed to perform any of their enforcement functions, he may make

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