Counter-Inflation Act 1973

Section 23.

SCHEDULE 4 Enforcement

Enforcement by local weights and measures authorities

1 (1) Every local weights and measures authority may within their area enforce the provisions of—

(a) any order or notice under section 6 of this Act, and

(b) any order or notice under Part III of this Act.

(2) For the purpose of determining—

(a) whether to recommend that any such order or notice should be made or given, or

(b) whether the provisions of any such order or notice are being complied with,

a local weights and measures authority may make, or may authorise any of their officers to make on their behalf, any purchases of goods, and may authorise any of their officers to obtain any services.

(3) Nothing in this Schedule shall confer on any person authorised to enforce any provision of this Act mentioned in this Schedule any power to institute proceedings in Scotland for an offence.

(4) In acting under this paragraph an authority shall conform with such directions, if any, as the Minister may give, either generally to all authorities, or to that particular authority.

Power of Minister to designate officers for purposes of enforcement

2 (1) The Minister may by order designate—

(a) any inspectors or chief inspectors appointed under the [1963 c. 31.] Weights and Measures Act 1963, or

(b) any officers of either Agency,

as persons to execute this Act in accordance with this paragraph by doing what may be done by his officers.

(2) Where an order is made under this paragraph designating any inspectors or chief inspectors, or any officers of either Agency, it shall be the duty of the local weights and measures authorities, or as the case may be of the Agency, to put the services of the persons so designated at the disposal of the Minister making the order.

(3) A person designated by an order under this paragraph shall act in accordance with directions given by the Minister in the same way as would one of his officers, but shall be deemed, while so acting, to continue to be employed by the authority or Agency putting his services at the disposal of the Minister.

(4) An order made under this paragraph—

(a) may be varied or revoked by a subsequent order so made, and

(b) shall be contained in a statutory instrument.

(5) Any reference in this Act to an officer, or a duly authorised officer, of the Minister shall include a reference to a person who is designated under this paragraph, and who is acting in accordance with directions given by the Minister and duly authorised for the purpose.

Powers of inspection and entry

3 (1) A duly authorised officer of the Minister, or of a local weights and measures authority, may at all reasonable hours, and on production, if required, of his credentials, exercise the following powers for the purpose of determining whether the provisions of—

(a) any order or notice under section 6 of this Act, or

(b) any order or notice under Part III of this Act,

are being complied with.

(2) The said powers are—

(a) a power to inspect any goods and to enter any land or any premises, other than premises used only as a dwelling, and

(b) a power to require any person carrying on a business, or employed in connection with a business, to produce any documents relating to the business, and a power of making extracts from, or making copies of, the documents.

(3) A person who wilfully obstructs an officer acting under this paragraph shall be liable on summary conviction to a fine not exceeding £400.

(4) A person who, with intent to deceive, produces, in compliance with a requirement under this paragraph, a document which to his knowledge is or may be misleading, false or deceptive in a material particular shall be liable on summary conviction to a fine not exceeding £400.

(5) In this paragraph " premises " includes any stall, vehicle or vessel.

Restriction on disclosure of information obtained under this Act

4 (1) This paragraph applies to information given or supplied pursuant to Part V of this Act, or obtained in the course of exercising the powers conferred by paragraph 3 above.

(2) No such information shall be disclosed except—

(a) with the consent of the person by whom or on whose behalf the information was given or supplied, or as the case may be the owner of the goods or the occupier of the land or premises, or

(b) to members of either Agency, or to the officers or servants of either Agency, or

(c) to any Minister of the Crown, or an officer or servant appointed by, or person exercising, functions on behalf of, a Minister of the Crown, or

(d) in the case of information obtained by a person acting on behalf of a local weights and measures authority, to any officer of that authority, or

(e) with a view to the institution of, or otherwise for the purpose of, any criminal proceedings pursuant to or arising out of this Act, or the [1972 c. 74.] Counter-Inflation (Temporary Provisions) Act 1972.

(3) Sub-paragraph (2) above does not apply to information given or supplied to either Agency in proceedings to which the public are admitted, or contained in any report of either Agency.

(4) If a person contravenes the provisions of this paragraph he shall be liable—

(a) on summary conviction to a fine not exceeding £400, and

(b) on conviction on indictment to a fine.

Expenses to be treated as special expenses of county councils

5 (1) In respect of any period during which a district council in Wales are the local weights and measures authority for their district, any expenditure incurred in enforcing the provisions of Part II or Part III of this Act by the council of the county in which that district is situate shall be treated as incurred for special expenses of the county council, and that district shall not be chargeable therewith.

(2) Before the coming into force of the [1972 c. 70.] Local Government Act 1972 sub-paragraph (1) above shall not apply, but in respect of any period during which the council of any non-county borough or urban or rural district in England or Wales are acting as a local weights and measures authority, or are a party to any agreement made or deemed to have been made under section 37 of the [1963 c. 31.] Weights and Measures Act 1963, any expenditure incurred in enforcing the provisions of Part II or Part III of this Act by the council of the county in which that borough or district is situated shall be treated as incurred for special county purposes, and that borough or district shall not be chargeable therewith.