(1) Where it appears to the Minister that for the protection or in the interest of the public health any work in or on any premises are necessary, the Minister may cause to be served on the owner or occupier of such premises a notice in writing signed by the Minister or by any person authorised by the Minister on that behalf requiring him or her to execute such work as the Minister considers necessary.
(2) A notice under subsection (1) shall indicate the nature of the works to be executed and specify a period of time after the expiration of which the Minister may cause the works to be carried out if they have not previously been executed.
(3) A person served with a notice under subsection (1) or any other person having an estate or interest in the premises to which the notice relates may, at any time before the expiration of the period of time specified in the notice pursuant to the provisions of subsection (2) and in accordance with any rules of court for the time being in force, appeal to a judge in chambers against the notice on any of the following grounds—
(a) that the notice or requirement is not justified for the protection or in the interest of the public health;
(b) that there is some informality, defect or error in or in connection with the notice;
(c) that the Minister has refused unreasonably to approve the execution of alternative works;
(d) that the works required by the notice to be executed are unreasonable in character or extent or are unnecessary;
(e) that the time within which the works are required by the notice to be executed is not reasonably sufficient for the purpose;
(f) that the notice might lawfully have been served on the occupier of the premises to which it relates instead of on the owner or the owner instead of on the occupier and it would have been equitable for it to have been so served;
(g) where the work is for the common benefit of the premises to which the notice relates and other premises, that some other person being the owner or occupier of the other premises to be benefitted, ought to contribute towards the expenses of executing any works required.
(4) Where an appeal under subsection (3) is based on the ground specified in paragraph (b) thereof, the judge shall dismiss the appeal, if he or she is satisfied that the informality defect or error was not a material one.
(5) Where the grounds upon which an appeal is brought under subsection (3) includes a ground specified under paragraph (f) or (g) of that subsection the appellant shall serve a copy of his or her notice of appeal on each other person referred to therein and may serve a copy thereof on any other person having an estate or interest in the premises to which the notice under subsection (1) relates and on the hearing of the appeal the judge may make such order as he or she thinks fit in respect of the person by whom any work is required to be executed and the contribution to be made by any other person towards the cost of the work or as to the proportions in which any expenses which may become recoverable by the Minister under subsection (10) are to be borne by the appellant and such other person.
(6) In exercising his or her powers under subsection (5) the judge shall have regard—
(a) as between an owner and an occupier, to the terms and conditions whether contractual or otherwise, of the tenancy and to the nature of the works required; and
(b) in any case, to the degree of benefit to be derived by different persons concerned.
(7) Where an appeal is brought under subsection (3) the notice to which it relates shall be of no effect pending the final determination or withdrawal of the appeal.
(8) On the determination of an appeal under subsection (3), the judge shall give directions for quashing the notice to which the appeal relates or for varying the terms of such notice in favour of the appellant.
(9) Where the notice to which the appeal relates is varied or dismissed, the judge may, if he or she thinks fit, direct that the notice shall not come into force until such date (not being later than 28 days from the determination of the appeal) as he or she thinks fit.
(10) The determination of an appeal under subsection (3) by a judge in chambers shall be final.
(11) If at the expiration of the period specified in a notice under subsection (1) or directed by a judge on the determination of an appeal under subsection (3) the work specified in the notice or as varied by a judge as aforesaid has not been executed, the Minister may cause such work to be executed and on completion thereof may recover the reasonable cost of carrying out the same as a debt due to the Crown in a district court or summarily in the High Court as the case may be.
(12) In the proceedings under subsection (10) the validity of the notice to which the proceedings relate shall not be quashed on any ground specified in subsection (3).