X1[F1198A Enforcement by local weights and measures authority.U.K.
(1)It is the duty of every local weights and measures authority to enforce within their area the provisions of section 198.
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Subsection (1) above does not apply in relation to the enforcement of section 198 in Northern Ireland, but it is the duty of the Department of Economic Development to enforce that section in Northern Ireland.
F3...
[F4(3A)For the investigatory powers available to a local weights and measures authority or the Department of Enterprise, Trade and Investment in Northern Ireland for the purposes of the duties in this section, see Schedule 5 to the Consumer Rights Act 2015.]
(4)Any enactment which authorises the disclosure of information for the purpose of facilitating the enforcement of the Trade Descriptions Act 1968 shall apply as if section 198 were contained in that Act and as if the functions of any person in relation to the enforcement of that section were functions under that Act.
(5)Nothing in this section shall be construed as authorising a local weights and measures authority to bring proceedings in Scotland for an offence.]
Editorial Information
X1The insertion of the new headings "Chapter 1 Introductory", "Chapter 2 Economic Rights", "Chapter 3 Moral Rights" and "Chapter 4 Qualification for Protection, Extent and Interpretation" in Pt. II on 1.2.2006 gives rise to a change in the structure of this legislation on SLD which breaks the continuity of historical versions of the existing provisions which are now brought under those new headings.
Textual Amendments
F1S. 198A inserted (6.4.2007) by 1994 c. 33, ss. 165(3), 172(2); S.I. 2007/621, art. 2
F2S. 198A(2) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 50(2); S.I. 2015/1630, art. 3(i) (with art. 8)
F3Words in s. 198A(3) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 50(3); S.I. 2015/1630, art. 3(i) (with art. 8)
F4S. 198A(3A) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 50(4); S.I. 2015/1630, art. 3(i)