The Market Surveillance (Northern Ireland) Regulations 2021
1Citation, commencement and extent
2Interpretation
3Application
4Designation of market surveillance authorities
5Enforcement powers giving effect to Article 14(4) of the MSC Regulation
6Enforcer's legislation
7Table of enforcer's legislation
8Offences
9Amendment of Schedule 5 to the Consumer Rights Act 2015
SCHEDULE 1Investigatory powers
1Interpretation of terms used in this Schedule
2Power to require the production of information
3Procedure for notice under paragraph 2
4Enforcement of notice under paragraph 2
5Limitations on use of information provided in response to a notice under paragraph 2
6Power to purchase products
7Power to observe carrying on of a business etc
8Power to enter premises without a warrant
9Application of paragraphs 10 to 17
10Power to inspect products etc
11Power to test equipment
12Power to require the production of documents
13Power to seize and detain products
14Power to seize documents required as evidence
15Power to decommission or switch off fixed installations
16Power to decommission or switch off any medical device
17Power to break open container etc
18Power to enter premises with warrant
19Entry to premises under warrant
20Power to require assistance from person on premises
21Offence of obstruction
22Offence of purporting to act as an officer
23Access to seized products and documents
24Notice of testing of products
25Appeals against detention of products and documents
26Compensation
27Powers of a district council
28Civil proceedings
29Criminal proceedings
SCHEDULE 2Powers under the Consumer Protection Act 1987
1Enforcement powers under the 1987 Act
2Modifications to the 1987 Act
SCHEDULE 3Powers under the Health and Safety at Work (Northern Ireland) Order 1978
1HSAW enforcer
2Enforcement powers under the 1978 Order
3Modifications to the 1978 Order
SCHEDULE 4Notices
1Compliance Notice
2Withdrawal Notice
3Recall notice
4Appeals against notices
5Appropriate court for appeals against notices etc and further appeals
SCHEDULE 5Information Society Service Providers
1Online interface notice
2This paragraph applies where the enforcer considers that service of...
3An online interface notice must specify only such steps as...
4An ISSP must take the steps specified in an online...
5The duty imposed by paragraph (4) is enforceable only—
6For the purposes of this Schedule, “ISSP” means an information...
SCHEDULE 6Offences
1Offences
2Penalties
3Defence of due diligence
4Liability of persons other than the principal offender
5Time limit for prosecution of offences

2021 No. 858

Consumer Protection, Northern Ireland
Electromagnetic Compatibility, Northern Ireland
Environmental Protection, Northern Ireland
Health And Safety, Northern Ireland
Market Standards, Northern Ireland
Telecommunications, Northern Ireland
Weights And Measures, Northern Ireland

The Market Surveillance (Northern Ireland) Regulations 2021

Made

Coming into force

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8C(1) of the European Union (Withdrawal) Act 2018 M1.

In accordance with paragraph 8F of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House.

Annotations:
Marginal Citations
M1

2018 c. 16, as amended by section 21 of the European Union (Withdrawal Agreement) Act 2020 (c. 1); there are other amendments not relevant to these Regulations.