40. Failure of test

Where any test carried out at the premises or in any accredited laboratory fails to meet the minimum requirements stipulated in these Regulations or any approved code of practice, the supervising qualified person shall —

notify the Commissioner of Building Control as soon as practicable; and

together with the qualified person appointed under section 8(1)(a) or 11(1)(d)(i) of the Act recommend appropriate steps, measures or remedial works to be carried out.

Where the steps, measures or remedial works recommended under paragraph (1)(b) are acceptable to the Commissioner of Building Control, the Commissioner of Building Control may —

direct the supervising qualified person to implement, or cause to be implemented, the recommendations within such period of time as may be specified by the Commissioner of Building Control; or

give any other written direction on other appropriate steps or measures to be taken,and the supervising qualified person shall comply with such direction.

Where any test carried out at the premises or in any accredited laboratory fails to meet the minimum requirements stipulated in these Regulations or any approved code of practice, the supervising qualified person shall —

notify the Commissioner of Building Control as soon as practicable; and

together with the qualified person appointed under section 8(1)(a) or 11(1)(d)(i) of the Act recommend appropriate steps, measures or remedial works to be carried out.

Where the steps, measures or remedial works recommended under paragraph (1)(b) are acceptable to the Commissioner of Building Control, the Commissioner of Building Control may —

direct the supervising qualified person to implement, or cause to be implemented, the recommendations within such period of time as may be specified by the Commissioner of Building Control; or

give any other written direction on other appropriate steps or measures to be taken,and the supervising qualified person shall comply with such direction.