Pending proceedings by enforcement agencies
19 Pending proceedings by enforcement agencies
This clause applies to an enforcement agency or former enforcement agency on which a function was conferred or imposed under this Act (an original function), whether before or after the commencement of this clause, and that ceases to be authorised to exercise the function (including because of ceasing to be an enforcement agency).
If an enforcement agency or former enforcement agency has exercised an original function before ceasing to be authorised to do so, the agency may, in accordance with this Act, do any of the following—
commence or continue any proceedings, or take any action, in connection with that exercise of the original function,
without limiting paragraph (a), if the exercise of the original function involved the issuing of an improvement notice under Part 5 of the Act, take any action under that Part to enforce compliance with the improvement notice, including issuing a prohibition order.
In this clause—
a reference to an enforcement agency includes a reference to an authorised officer of an enforcement agency, and
a reference to a former enforcement agency includes a reference to a former authorised officer of an enforcement agency.
Nothing in this clause limits the operation of section 30 of the Interpretation Act 1987.
This Act’s bill:Explanatory memorandumSecond reading speech
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