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The Consumer Rights (Payment Surcharges) Regulations 2012

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Complaints

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7.—(1) It is the duty of an enforcement authority to consider any complaint made to it about a contravention of regulation 4, unless—

(a)the complaint appears to the authority to be frivolous or vexatious; or

(b)another enforcement authority has notified the OFT that it agrees to consider the complaint.

(2) If an enforcement authority has notified the OFT as mentioned in paragraph (1)(b), that authority is under a duty to consider the complaint.

(3) An enforcement authority which is under a duty to consider a complaint must—

(a)decide whether or not to make an application under regulation 8, and

(b)give reasons for its decision.

(4) In deciding whether or not to make an application, an enforcement authority may, if it considers it appropriate to do so, have regard to any undertaking given to it or another enforcement authority by or on behalf of any person as to compliance with regulation 4.

(5) The following are enforcement authorities for the purposes of these Regulations—

(a)every local weights and measures authority in Great Britain (within the meaning of section 69 of the Weights and Measures Act 1985(1));

(b)the Department of Enterprise, Trade and Investment in Northern Ireland.

(1)

1985 c.72. Section 69 was amended by paragraph 75 of Schedule 16 to the Local Government (Wales) Act 1994 (c.19) and by paragraph 144 of Schedule 13 to the Local Government etc (Scotland) Act 1994 (c.39).

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