C3C4 Part IV Enforcement of Parts II and III
Pt. IV applied in part (with modifications) (20.5.2016) by The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), regs. 1(2), 53(3)
C127 Enforcement.
1
Subject to the following provisions of this section—
a
it shall be the duty of every weights and measures authority in Great Britain to enforce within their area the safety provisions F1. . . ; and
b
it shall be the duty of every district council in Northern Ireland to enforce within their area the safety provisions.
C22
The Secretary of State may by regulations—
a
wholly or partly transfer any duty imposed by subsection (1) above on a weights and measures authority or a district council in Northern Ireland to such other person who has agreed to the transfer as is specified in the regulations;
b
relieve such an authority or council of any such duty so far as it is exercisable in relation to such goods as may be described in the regulations.
C23
The power to make regulations under subsection (2) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and shall include power—
a
to make different provision for different cases; and
b
to make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
F23A
For the investigatory powers available to a person for the purposes of the duty imposed by subsection (1), see Schedule 5 to the Consumer Rights Act 2015 (as well as section 29).
4
Nothing in this section shall authorise any weights and measures authority, or any person on whom functions are conferred by regulations under subsection (2) above, to bring proceedings in Scotland for an offence.
Pt. IV (ss. 27-35) applied (1.1.1993) by S.I. 1992/3139, reg. 3(2)(c) (which said S.I. 1992/3139 was revoked (15.5.2002) by S.I. 2002/1144, reg. 1(2), Sch. 11 para. 1)