16.—(1) The following provisions of the 1978 Order shall apply to the CLP Regulation as if it were health and safety regulations for the purposes of that Order, except that those Articles shall not apply to duties placed by the CLP Regulation on the competent authority or the Member State—
(a)Articles 20 to 30 (in relation to enforcement);
(b)subject to regulations 20 and 21, Articles 31 to 39 (in relation to offences); and
(c)Article 43(2) in relation to civil liability.
(2) Any function of the Executive or the Department concerned under any other provision of the 1978 Order in respect of health and safety regulations (including their enforcement) shall be exercisable as if the CLP Regulation were health and safety regulations for the purposes of that Order.
17.—(1) Notwithstanding the 1999 Regulations and subject to paragraphs (2) to (4), the enforcing authority for the CLP Regulation shall be the Executive.
(2) The enforcing authority for the CLP Regulation shall be the district council for the district in which are situated the premises in or from which such a substance, mixture or article is placed on the market—
(a)where a substance, mixture or article is placed on the market within the meaning of the CLP Regulation (other than in the circumstances referred to in paragraph (3))—
(i)in or from any shop, mobile vehicle, market stall or other retail outlet; or
(ii)otherwise to members of the public, including by way of free sample, prize or by mail order; and
(b)for Articles 35(2) and 48 of the CLP Regulation.
(3) Subject to paragraph (4), where a substance, mixture or article is placed on the market in or from premises which are registered under section 75 of the Medicines Act 1968 M1, the enforcing authority shall be the Department of Health, Social Services and Public Safety.
(4) In every case where, by virtue of this regulation and the CLP Regulation, the CLP Regulation is enforced by the Department of Health, Social Services and Public Safety or by a district council, it shall be enforced as if it were a safety regulation made under section 11 of the Consumer Protection Act 1987 M2.
(5) The provisions of section 12 of the Consumer Protection Act 1987 shall apply to the CLP Regulation as if it were a safety regulation for the purposes of that Act and as if the maximum period of imprisonment on summary conviction specified in subsection (5) of section 12 of that Act were 3 months instead of 6 months.
Marginal Citations
M11968 c.67: section 75(8) was amended by S.I. 1968/1699
M21987 c. 43; section 11(7)(c) was amended by SI 1996/275 (N.I. 2), Article 71(1) and Schedule 6