Power to give directions
46 Power to give directions
Where an authorised officer is of the opinion that any radioactive substance, any irradiating apparatus or any electronic product, or any part of or fitting or attachment to any such substance, apparatus or product, is defective or dangerous or in the interests of safety requires to be repaired, modified or renewed, or that any other thing may affect the safety or health of any person if the substance, apparatus, or product is permitted to continue to be used in the manner or condition it then is, he may direct the owner by notice in writing served on the person in charge of, or having control or management of, that substance, apparatus or product, —
to stop using that substance or using or operating that apparatus or product; or
to stop using or operating that apparatus or product until the repair, modifications or renewals specified in the notice have been effected; or
to stop using that substance or using or operating that apparatus or product otherwise than in accordance with the limitations, restrictions or conditions specified in the notice.
A direction may be given by an authorised officer in the manner provided in subsection (1) to the owner of any premises which are in the opinion of the officer unsatisfactory for use in connection with any radioactive substance, irradiating apparatus or electronic product.
A direction given under this section may be expressed to take effect immediately or from a date to be specified in the notice.
A person to whom a notice containing directions is given under this section shall take all reasonable steps to bring the substantive requirements of those directions to the knowledge of all persons likely to be affected.
A person who contravenes or fails to comply with any requirement of, or prohibition imposed by, any direction given under this section commits an offence.
47. Power to vary directions etc.
Where an authorised officer has given any direction or notice or made any request under this Act, he or any other authorised officer may, at any time, withdraw or revoke or from time to time vary that direction, notice or request or take such further action with respect thereto as may be necessary to give effect thereto.
48. Offences as to inspections etc.
A person shall not —
assault, resist or impede, delay or in any way obstruct an authorised officer in the exercise of his powers or in the discharge of his duties under this Act or fail to comply in any respect with the lawful written request, requirement, direction or order of an authorised officer; or
fail, without lawful excuse, to answer any question put to him in pursuance of this Act by an authorised officer or a person acting as professional or expert adviser to, or interpreter for, an authorised officer, or otherwise to furnish information lawfully required under this Act; or
furnish false or misleading information, or directly or indirectly prevent any person from appearing before or being questioned by an authorised officer, or otherwise furnishing information; or
fail to produce any register, record, notice or other document which by or under this Act he is required to produced, or fail to allow an authorised officer, upon his producing the same, to make copies or take extracts from it or any part thereof or of any entries therein; or
fail to allow any authorised officer to inspect, examine, test, calibrate or take any thing or sample of any thing which the authorised officer has reasonable grounds for believing to be a radioactive substance, irradiating apparatus, or electronic product; or
fail to permit any inspection or examination of any premises lawfully required under this Act; or
when required by or under this Act to furnish assistance to any person, fail without lawful excuse to furnish that assistance.
Any statement made pursuant to any requirement made under this Act shall not, if the person making the statement objected at the time of making it to doing so on the ground that it might tend to incriminate him, be admissible in evidence in any prosecution against the person for any offence not being the offence of contravening the provisions of this section.
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