The Energy Information (Miscellaneous Amendments) Regulations 2009

Amendment of the Energy Information (Lamps) Regulations 1999

5.—(1) The Energy Information (Lamps) Regulations 1999(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) omit the definition of “enforcement authority”; and

(b) after the definition of “the Lamps Directive”, insert—

““local weights and measures authority” means a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985;”.

(3) After regulation 2 (interpretation), insert—

“Enforcement authority

2A.— (1) In these Regulations the enforcement authority means—

(a) for the purpose of enforcing regulation 9 (dealers’ duties) and regulation 10 (information in respect of mail order and other distance sales), in relation to England, Wales and Scotland, the local weights and measures authority, and in relation to Northern Ireland, the Department of Enterprise, Trade and Investment; and

(b) for the purpose of enforcing regulation 4 (suppliers’ duties in respect of labels), regulation 5 (suppliers’ duties in respect of product brochures and information notices), regulation 7 (suppliers’ responsibility for accuracy of labels and information notices), regulation 8 (suppliers’ duties in respect of technical documentation) and regulation 11 (misleading information), the Secretary of State.

(2) The Secretary of State may appoint any person to act on the Secretary of State’s behalf for the purposes of regulation 2A(1)(b), subject to any limitations or conditions as the Secretary of State sees fit.

(3) Where the Secretary of State appoints a person under paragraph (2), the Secretary of State must publish details—

(a) identifying that person, and

(b) of the extent of the authorisation, including any limitations or conditions,

on the Department for Environment, Food and Rural Affairs website.”.

(4) After paragraph 2 of Schedule 4 (offences, enforcement and other matters), insert—

“Time limit for prosecution of offences

2A.— (1) An offence under these Regulations may be tried by summary proceedings if—

(a) in England and Wales, the information is laid,

(b) in Northern Ireland, the complaint is made, or

(c) in Scotland, the proceedings are begun,

before the end of the period of 12 months beginning on the day after the date on which evidence which the enforcement authority thinks is sufficient to justify the proceedings comes to the enforcement authority’s knowledge.

(2) For the purposes of subsection (1)—

(a) a certificate signed by or on behalf of the prosecutor and stating the date on which such evidence came to the enforcement authority’s knowledge is to be conclusive evidence of that fact; and

(b) a certificate stating that matter and purporting to be so signed is to be treated as so signed unless the contrary is proved.”.

(1)

S.I. 1999/1517.