The Consumer Protection (Northern Ireland) Order 1987

Test purchases

21.—(1) Where—

(a) any goods purchased by or on behalf of the Department, for the purpose of ascertaining whether any provision made by or under Part III has been contravened, are submitted to a test; and

(b) the test leads to the bringing of proceedings for an offence in respect of a contravention in relation to the goods of any provision made by or under Part III; and

(c) the Department is requested to do so and it is practicable for it to comply with the request,

the Department shall allow the person from whom the goods were purchased or any person who is a party to the proceedings to have the goods tested.

(2) The Department may by regulations provide that any test of goods purchased under this Article by or on its behalf shall—

(a) be carried out at the expense of the Department in a manner and by a person prescribed by or determined under the regulations; or

(b) be carried out either as mentioned in sub-paragraph (a) or by the Department in a manner prescribed by the regulations.

(3) Regulations under paragraph (2)—

(a) may make such supplemental, consequential and transitional provision as the Department considers appropriate; and

(b) shall be subject to negative resolution.