Page:Infrastructure Protection Act 2017.pdf/54

Rh (3) Before issuing the security directive, the Commissioner must, unless the Commissioner considers it not practicable or desirable to do so in any particular case—
 * (a) give notice of the Commissioner’s intention to do so to the responsible person; and
 * (b) give the responsible person 14 days (or such longer or shorter time as the Commissioner may specify in the notice) after the date of the notice to make representations on the proposed security directive.

(4) To avoid doubt, except as provided in this section, the Commissioner is not required to give any person notice of, or consult any person on, the Commissioner’s intention to issue a security directive under subsection (2).

(5) For the purposes of assessing whether a security directive is required for a special infrastructure under this section, the Commissioner may, by written notice, require the responsible person of that special infrastructure to submit a report prepared by a person approved by the Commissioner for that purpose (called in this section the competent person) containing the competent person’s security risk assessment and recommended security measures for that special infrastructure.

(6) Where the implementation of any new security measure under this section involves any specified works, section 42(1) does not apply in respect of those specified works.

Security directive for other premises to mitigate risk of act of terrorism

55.—(1) This section applies to any of the following premises that is not a special development or a special infrastructure:
 * (a) a protected area;
 * (b) a protected place;
 * (c) any other premises that is a public place (called in this section public premises).