Unsafe automated gates - found to be dangerous on a commercial or industrial site, must be left in a safe condition by the installer. He should contact the client to explain the danger. Informing them that the gate has, or must be taken out of automatic use immediately.
The installer should also notify the client in writing, as to which measures have and need to be taken. Instructing that the gate should remain out of service. If required, also explaining the reason: (e.g. that the installation contravenes the Workplace (Health, Safety & Welfare) Regulations 1992 or Provision and Use of Work Equipment Regulations 1998). The gate should not be placed in use again, until the gate is signed off as meeting the requirements of the legislation.
If a residential installation is found to be dangerous to the general public due to its design, location and condition (e.g: accessible from a public right of way or road and unsafe), then the installer should again notify the client in writing that the gate should be taken out of action. It is possible that a civil claim could be made if an accident occurs with the gate.
In both of these circumstances, the device may be left switched off, provided that this can be done without disconnecting a cable, removing a component or exposing a live conductor. The installer should inform the appropriate party in writing that the equipment is unsafe, and should not be used until it has been brought inline with current safety requirements.