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Consumer Credit Act 1974

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This is the original version (as it was originally enacted).

161Enforcement authorities

(1)The following authorities (" enforcement authorities ") have a duty to enforce this Act and regulations made under it—

(a)the Director,

(b)in Great Britain, the local weights and measures authority,

(c)in Northern Ireland, the Department of Commerce for Northern Ireland.

(2)Where a local weights and measures authority in England or Wales propose to institute proceedings for an offence under this Act (other than an offence under section 162(6), 165(1) or (2) or 174(5)) it shall, as between the authority and the Director, be the duty of the authority to give the Director notice of the intended proceedings, together with a summary of the facts on which the charges are to be founded, and postpone institution of the proceedings until either—

(a)28 days have expired since that notice was given, or

(b)the Director has notified them of receipt of the notice and summary.

(3)Every local weights and measures authority shall, whenever the Director requires, report to him in such form and with such particulars as he requires on the exercise of their functions under this Act.

(4)Where a complaint is made to the Secretary of State that all or any of the functions of a local weights and measures authority under this Act are not being properly discharged in any area, or he is of the opinion that an investigation should be made relating to the proper discharge of those functions in any area, he may cause a local inquiry to be held, and section 250(2) to (5) of the [1972 c. 70.] Local Government Act 1972 (evidence and costs at local inquiries), but subsection (4) (costs of department) of that section only in a case where the Secretary of State so directs, shall apply as if the inquiry were held in pursuance of section 250(1) of that Act.

(5)The person holding an inquiry under subsection (4) shall make a written report of the results to the Secretary of State, who shall publish it together with such observations on it (if any) as he thinks fit.

(6)In the application of subsection (4) to Scotland, for the references to section 250(2) to (5) of the [1972 c. 70.] Local Government Act 1972, subsection (4) of that section and section 250(1) of that Act there shall be substituted respectively references to section 210(4) to (8) of the [1973 c. 65.] Local Government (Scotland) Act 1973, subsection (7) of that section and section 210(1) of that Act.

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