PART 6Exercise of enforcement functions by area enforcers
Interpretation of this Part
43In this Part, “area enforcer” means—
(a)a local weights and measures authority in Great Britain,
(b)a district council in England, or
(c)a district council in Northern Ireland.
Investigatory powers
44(1)Sub-paragraphs (3) to (6) apply in relation to an area enforcer’s exercise, in accordance with this Schedule, of a power in Part 3 or 4 of this Schedule.
(2)Sub-paragraphs (3) to (6) also apply in relation to an area enforcer’s exercise of an investigatory power—
(a)conferred by legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, the area enforcer has a duty or power to enforce, or conferred by legislation under which such legislation is made, or
(b)conferred by legislation listed in the second column of the table in paragraph 11 of this Schedule,
for the purpose of ascertaining whether there has been a breach of that legislation or of any notice issued by the area enforcer under that legislation.
(3)A local weights and measures authority in England or Wales may exercise the power in a part of England or Wales which is outside that authority’s area.
(4)A local weights and measures authority in Scotland may exercise the power in a part of Scotland which is outside that authority’s area.
(5)A district council in England may exercise the power in a part of England which is outside that council’s district.
(6)A district council in Northern Ireland may exercise the power in a part of Northern Ireland which is outside that council’s district.
Civil proceedings
45(1)Sub-paragraphs (4) to (7) apply in relation to civil proceedings which may be brought by an area enforcer under—
(a)Part 8 of the Enterprise Act 2002,
(b)Schedule 3 to this Act,
(c)legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, the area enforcer has a duty or power to enforce,
(d)legislation under which legislation mentioned in paragraph (c) is made, or
(e)legislation listed in the second column of the table in paragraph 11 of this Schedule.
(2)Sub-paragraphs (4) to (7) also apply in relation to an application for forfeiture which may be made by an area enforcer, in circumstances where there are no related criminal proceedings,—
(a)under section 35ZC of the Registered Designs Act 1949,
(b)under section 16 of the Consumer Protection Act 1987,
(c)under section 97 of the Trade Marks Act 1994 (including as applied by section 11 of the Olympic Symbol etc (Protection) Act 1995), or
(d)under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, the area enforcer has a duty or power to enforce.
(3)In sub-paragraphs (4), (5), (6) and (7), the reference to civil proceedings includes a reference to an application mentioned in sub-paragraph (2).
(4)A local weights and measures authority in England or Wales may bring civil proceedings in respect of conduct in a part of England or Wales which is outside that authority’s area.
(5)A local weights and measures authority in Scotland may bring civil proceedings in respect of conduct in a part of Scotland which is outside that authority’s area.
(6)A district council in England may bring civil proceedings in respect of conduct in a part of England which is outside that council’s district.
(7)A district council in Northern Ireland may bring civil proceedings in respect of conduct in a part of Northern Ireland which is outside that council’s district.
Criminal proceedings
46(1)A local weights and measures authority in England or Wales may bring proceedings for a consumer offence allegedly committed in a part of England or Wales which is outside that authority’s area.
(2)In sub-paragraph (1) “a consumer offence” means—
(a)an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a local weights and measures authority in England or Wales has a duty or power to enforce,
(b)an offence under legislation under which legislation within paragraph (a) is made,
(c)an offence under legislation listed in the second column of the table in paragraph 11 of this Schedule in relation to which a local weights and measures authority is listed in the corresponding entry in the first column of the table as an enforcer,
(d)an offence originating from an investigation into a breach of legislation mentioned in paragraph (a), (b) or (c), or
(e)an offence described in paragraph 36 or 37 of this Schedule.
(3)A district council in England may bring proceedings for a consumer offence allegedly committed in a part of England which is outside that council’s district.
(4)In sub-paragraph (3) “a consumer offence” means—
(a)an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a district council in England has a duty or power to enforce,
(b)an offence under legislation under which legislation within paragraph (a) is made,
(c)an offence originating from an investigation into a breach of legislation mentioned in paragraph (a) or (b), or
(d)an offence described in paragraph 36 or 37 of this Schedule.
(5)A district council in Northern Ireland may bring proceedings for a consumer offence allegedly committed in a part of Northern Ireland which is outside that council’s district.
(6)In sub-paragraph (5) “a consumer offence” means—
(a)an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a district council in Northern Ireland has a duty or power to enforce,
(b)an offence under legislation under which legislation within paragraph (a) is made,
(c)an offence originating from an investigation into a breach of legislation mentioned in paragraph (a) or (b), or
(d)an offence described in paragraph 36 or 37 of this Schedule.