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Product Security and Telecommunications Infrastructure Act 2022

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This is the original version (as it was originally enacted).

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26Enforcement of Part 1

(1)The person responsible for enforcing the provisions of this Part, and of regulations made under it, is the Secretary of State (but see also section 27).

(2)For the investigatory powers available to the Secretary of State, see Schedule 5 to the Consumer Rights Act 2015.

(3)In paragraph 10 of Schedule 5 to that Act (duties and powers to which Schedule 5 applies), insert at the appropriate place—

  • “section 26(1) of the Product Security and Telecommunications Infrastructure Act 2022;”.

(4)Despite paragraph 13(4) of Schedule 5 to that Act, the Secretary of State may exercise the powers in Part 3 of that Schedule (powers in relation to the production of information) for any purpose relating to the enforcement of this Part (and in such a case the restriction imposed by paragraph 13(5) of that Schedule does not apply).

(5)Nothing in this section authorises the Secretary of State to bring proceedings in Scotland for an offence under this Part.

27Delegation of enforcement functions

(1)The Secretary of State may by regulations authorise any person to exercise any enforcement function of the Secretary of State.

(2)Regulations under this section may provide for payments to be made by the Secretary of State in respect of the performance of any enforcement function.

(3)Regulations under this section do not prevent the Secretary of State from performing a function to which the regulations relate.

(4)In this Part “enforcement function” means—

(a)any function of the Secretary of State under this Chapter;

(b)any function of the Secretary of State under Schedule 5 to the Consumer Rights Act 2015, so far as exercisable for the purposes of this Part.

(5)Accordingly, in the case of the exercise of an enforcement function by a person authorised by regulations under this section to exercise that function, any reference in this Chapter or that Schedule to the Secretary of State in connection with that function is to be read as a reference to that person.

(6)Regulations under this section are subject to the affirmative resolution procedure.

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