SCHEDULES
C1C2C3SCHEDULE 5Investigatory powers etc.
Sch. 5 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), reg. 1, Sch. 10 para. 3 (with regs. 3-5, 77)
Sch. 5: power to amend conferred (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 180(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
PART 6Exercise of enforcement functions by area enforcers
Criminal proceedings
I1I2I346
1
A local weights and measures authority in England or Wales may bring proceedings for a consumer offence allegedly committed in a part of England or Wales which is outside that authority's area.
2
In sub-paragraph (1) “a consumer offence” means—
a
an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a local weights and measures authority in England or Wales has a duty or power to enforce,
b
an offence under legislation under which legislation within paragraph (a) is made,
c
an offence under legislation listed in the second column of the table in paragraph 11 of this Schedule in relation to which a local weights and measures authority is listed in the corresponding entry in the first column of the table as an enforcer,
d
an offence originating from an investigation into a breach of legislation mentioned in paragraph (a), (b) or (c), or
e
an offence described in paragraph 36 or 37 of this Schedule.
3
A district council in England may bring proceedings for a consumer offence allegedly committed in a part of England which is outside that council's district.
4
In sub-paragraph (3) “a consumer offence” means—
a
an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a district council in England has a duty or power to enforce,
b
an offence under legislation under which legislation within paragraph (a) is made,
c
an offence originating from an investigation into a breach of legislation mentioned in paragraph (a) or (b), or
d
an offence described in paragraph 36 or 37 of this Schedule.
5
A district council in Northern Ireland may bring proceedings for a consumer offence allegedly committed in a part of Northern Ireland which is outside that council's district.
6
In sub-paragraph (5) “a consumer offence” means—
a
an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a district council in Northern Ireland has a duty or power to enforce,
b
an offence under legislation under which legislation within paragraph (a) is made,
c
an offence originating from an investigation into a breach of legislation mentioned in paragraph (a) or (b), or
d
an offence described in paragraph 36 or 37 of this Schedule.
Sch. 5 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), reg. 1, Sch. 7 para. 3 (with regs. 74, 75(5))