323. Default powers.

Where, in the case of a local authority1 which is an enforcing authority2, the Health and Safety Executive3 is of the opinion that an investigation should be made as to whether the local authority has failed to perform any of its enforcement functions4, the Executive may make a report to the Secretary of State5, who may, after considering it, cause a local inquiry to be held6. If the Secretary of State is afterwards satisfied that a local authority has failed to perform any of its enforcement functions, he may make an order7 declaring it to be in default8.

Such an