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Commencement Orders bringing legislation that affects this Act into force:
(1)The functions of a local weights and measures authority include the enforcement in their area of this Act.
[F2(1A)Subject to subsection (1B) below, the functions of a local weights and measures authority shall also include the investigation and prosecution outside their area of offences under this Act suspected to be linked to their area as well as the investigation outside their area of offences suspected to have been committed within it.
(1B)The functions available to an authority under subsection (1A) above shall not be exercisable in relation to any circumstances suspected to have arisen within the area of another local weights and measures authority without the consent of that authority.]
(2)The following provisions of the M1Trade Descriptions Act 1968 apply in relation to the enforcement of this Act by such an authority as in relation to the enforcement of that Act—
section 27 (power to make test purchases),
section 28 (power to enter premises and inspect and seize goods and documents),
section 29 (obstruction of authorised officers), and
section 33 (compensation for loss, &c. of goods seized under s. 28).
(3)Nothing in this section shall be taken as authorising a local weights and measures authority in Scotland to initiate proceedings for an offence.
(4)[F3Subsections (1) and (1A)] above does not apply in relation to the enforcement of this Act in Northern Ireland, but the functions of the Department of Economic Development include the enforcement of this Act in Northern Ireland. For that purpose the provisions of the Trade Descriptions Act M21968 specified in subsection (2) apply as if for the references to a local weights and measures authority and any officer of such an authority there were substituted references to that Department and any of its officers.
[F4(4A)For the purposes of subsections (1A), (1B) and (2) above—
(a)offences in another area are “linked” to the area of a local weights and measures authority if—
(i)the supply or possession of video recordings in contravention of this Act within their area is likely to be or to have been the result of the supply or possession of those recordings in the other area; or
(ii)the supply or possession of video recordings in contravention of this Act in the other area is likely to be or to have been the result of the supply or possession of those recordings in their area; and
(b)“investigation” includes the exercise of the powers conferred by sections 27 and 28 of the M3Trade Descriptions Act 1968 as applied by subsection (2) above;
and sections 29 and 33 of that Act shall apply accordingly.]
(5)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 the provisions of this Act were contained in that Act and as if the functions of any person in relation to the enforcement of this Act were functions under that Act.]
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