Prosecution of offences
46. (1) Proceedings for an offence under regulation 45 may be instituted by—
(a)the Director of Revenue and Customs Prosecutions or by order of the Commissioners;
(c)a local weights and measures authority;
(e)the Director of Public Prosecutions; or
(f)the Director of Public Prosecutions for Northern Ireland.
(2) Proceedings for an offence under regulation 45 may be instituted only against a relevant person or, where such a person is a body corporate, a partnership or an unincorporated association, against any person who is liable to be proceeded against under regulation 47.
(3) Where proceedings under paragraph (1) are instituted by order of the Commissioners, the proceedings must be brought in the name of an officer of Revenue and Customs.
(4) Where a local weights and measures authority in England or Wales proposes to institute proceedings for an offence under regulation 45 it must give the OFT notice of the intended proceedings, together with a summary of the facts on which the charges are to be founded.
(5) A local weights and measures authority must also notify the OFT of the outcome of the proceedings after they are finally determined.
(6) A local weights and measures authority must, whenever the OFT requires, report in such form and with such particulars as the OFT requires on the exercise of its functions under these Regulations.
(7) Where the Commissioners investigate, or propose to investigate, any matter with a view to determining—
(a)whether there are grounds for believing that an offence under regulation 45 has been committed by any person; or
(b)whether such a person should be prosecuted for such an offence,
that matter is to be treated as an assigned matter within the meaning of section 1(1) of the Customs and Excise Management Act 1979(1).
(8) Paragraphs (1) and (3) to (6) do not extend to Scotland.