Weights and Measures Act 1985

59 Supervision by [F1 Secretary of State]of certain functions of inspectors. E+W+S

(1) The [F1 Secretary of State]may serve on any local weights and measures authority a notice requiring the authority—

(a) to furnish the [F1 Secretary of State]with information of such a kind as is specified in the notice (and, if the notice so provides, relating only to persons so specified or packages or measuring container bottles of a kind so specified) with respect to relevant functions which inspectors appointed by the authority have performed or propose to perform during a period so specified, or

(b) to arrange for the performance by an inspector, in relation to persons, premises or equipment specified in the notice or packages or measuring container bottles of a kind so specified and during a period so specified, of such relevant functions as are so specified and to make to the [F1 Secretary of State]a report containing information of a kind so specified about the results of complying with the notice;

and, subject to subsection (4)(b)(ii) below, it shall be the duty of the authority to comply with the requirements of the notice.

(2) in subsection (1) above “relevant functions” means—

(a) the function of carrying out a test in pursuance of section 47(1) above,

(b) functions conferred on an inspector—

(i) by paragraphs 1 and 5 of Schedule 8 to this Act, and

(ii) by regulation 8(1)

of the 1977 regulations (inspection for the purposes of those regulations), and

(c) such other functions conferred on an inspector by this Part of this Act as are prescribed.

(3) In relation to a notice served in pursuance of subsection (1)(b) above the inspector in question shall be treated as having such reasonable cause as is mentioned in paragraph 1(a) and (b) of Schedule 8 to this Act and regulation 8(1)(b) of the 1977 Regulations.

(4) If the [F2 Secretary of State]is of the opinion that a local weights and measures authority has not complied with a requirement contained in a notice served on the authority in pursuance of subsection (1) above, [F3 he]may—

(a) serve a notice on the authority requiring it to comply with the requirement within a period specified in the notice; or

(b) in the case of a requirement in pursuance of subsection (1) (b) above—

(i) make such arrangements as the Secretary of State considers appropriate for securing that the requirement is complied with by persons acting on his behalf

(ii) serve on the authority a notice stating that he proposes to make the arrangements and prohibiting the authority from complying with the requirement,

(iii) by an instrument in writing appoint a person specified in the instrument to be an inspector for the purpose of carrying out the arrangements and to exercise accordingly for that purpose any power which by virtue of this Part of this Act or the 1977 Regulations is conferred on an inspector, and

(iv) recover from the authority the reasonable cost of making and carrying out the arrangements.

(5) In this section “measuring container bottle” and “the 1977 Regulations” have the meanings given by section 56(2) above.

Textual Amendments

F1 Words substituted by S.I. 1987/2187, art. 2(b), Sch. para. 5(a)

F2 Words substituted by S.I. 1987/2187, art. 2(b), Sch. para. 5(b)(i)

F3 Word substituted by S.I. 1987/2187, art. 2(b), Sch. para. 5(b)(ii)