Day 086 - 09 Feb 95 - Page 25


     
     1         -- this will be the last thing we look at before the break
     2         -- can you put the other one away then, it is yellow XIII,
     3        tab 39?
     4
     5   MR. RAMPTON:  My Lord, if everybody has got out the pink volume
     6        XIII at the moment, it is also in that.  It is in tab 52
     7        starting at page 789.
     8
     9   THE WITNESS:  Is this this "statement of facts regarding fatal
    10        incident", it says at the top?
    11
    12   MR. RAMPTON:  That is it.
    13
    14   THE WITNESS:  "... fatal accident", sorry.
    15
    16   MR. JUSTICE BELL:  I will use the other purely and simply
    17        because I have a rotten copy and I cannot read it.
    18
    19   MR. RAMPTON:  Maybe the copy in yellow XIII is better, I do not
    20        know.
    21
    22   MR. JUSTICE BELL:  It is, that is quite clear.  (To the
    23        witness): Can you read the one -----
    24        A.  Yes, I can read it.
    25
    26   Q.   It does not matter which one you have.
    27
    28   MR. MORRIS:  Which one have you got?
    29        A.  I have got a really nice copy.
    30
    31   Q.   OK, let us deal with that then.  If you look at the last
    32        page of that?
    33        A.  Is that where it says "Action" halfway down?
    34
    35   Q.   Yes.  "Action".  "A Prohibition Notice requiring that all
    36        electrical equipment operated within the wash-up area of
    37        the kitchen are protected by a Residual Current Device".
    38        And an Improvement Notice served on the company "requiring
    39        current frequency of annual inspections of portable
    40        electrical appliance be increased from once per annum to
    41        once every six months".  Then there is a letter suggesting
    42        additional procedures for electrical safety.  But the
    43        Prohibition Notice we have already dealt with and the
    44        Improvement Notice -- an Improvement Notice also has some
    45        statutory power, does it not?  You have to comply with an
    46        Improvement Notice, do you not?
    47        A.  No, I do not believe so.  I think that we have an
    48        Improvement Notice which is normally sent to us.  We often
    49        send a letter back, sort of, outlining why we do things a
    50        certain way, and it is normally resolved one way or the 
    51        other. 
    52 
    53   Q.   It says "requiring"; it does not say "suggesting" or
    54        "proposing".  It says "requiring the current frequency of
    55        annual inspections of portable electrical equipment be
    56        increased".
    57
    58   MR. JUSTICE BELL:  What has happened is that he is of the
    59        opinion that use of portable electrical appliances in the
    60        wash-up area of the premises without the protection of the

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