Consumer Protection Act 1987

28 Test purchases. U.K.

(1) An enforcement authority shall have power, for the purpose of ascertaining whether any safety provision or any provision made by or under Part III of this Act has been contravened in relation to any goods, services, accommodation or facilities—

(a) to make, or to authorise an officer of the authority to make, any purchase of any goods; or

(b) to secure, or to authorise an officer of the authority to secure, the provision of any services, accommodation or facilities.

(2) Where—

(a) any goods purchased under this section by or on behalf of an enforcement authority are submitted to a test; and

(b) the test leads to—

(i) the bringing of proceedings for an offence in respect of a contravention in relation to the goods of any safety provision or of any provision made by or under Part III of this Act or for the forfeiture of the goods under section 16 or 17 above; or

(ii) the serving of a suspension notice in respect of any goods; and

(c) the authority is requested to do so and it is practicable for the authority to comply with the request,

the authority shall allow the person from whom the goods were purchased or any person who is a party to the proceedings or has an interest in any goods to which the notice relates to have the goods tested.

(3) The Secretary of State may by regulations provide that any test of goods purchased under this section by or on behalf of an enforcement authority shall—

(a) be carried out at the expense of the authority in a manner and by a person prescribed by or determined under the regulations; or

(b) be carried out either as mentioned in paragraph (a) above or by the authority in a manner prescribed by the regulations.

(4) The power to make regulations under subsection (3) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and shall include power—

(a) to make different provision for different cases; and

(b) to make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.

(5) Nothing in this section shall authorise the acquisition by or on behalf of an enforcement authority of any interest in land.

Modifications etc. (not altering text)

C1 S. 28 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 3(c).

S. 28 applied (with modifications) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 2(b) (with Sch. 15 para. 7)

Ss. 28-35 applied (with modifications) (31.5.1998) by S.I. 1998/1165, reg. 13(2)(a) (which said S.I. was revoked (25.8.2003) by S.I. 2003/1941, reg. 1(2))

Ss. 28-35 applied (with modifications) (26.4.1999) by S.I. 1999/1053, reg. 16(3)(a)

Ss. 28-35 applied (with modifications) (29.11.1999) by S.I. 1999/2001, reg. 24, Sch. 8 para. 2(c)

Ss. 28-35 applied (with modifications) (8.4.2000) by S.I. 2000/730, reg. 18(1), Sch. 9 para. 1(2)

Ss. 28-35 applied (with modifications) (15.5.2002) by S.I. 2002/1144, regs. 2(2), 16(1)-(3), Sch. 10 paras. 1, 3

Ss. 28-35 applied (with modifications) (25.8.2003) by S.I. 2003/1941, reg. 8, Sch. IV para. 2(a)

C2 S. 28(1)(a) applied (E.W.S.) (28.11.2003 for certain purposes, 15.7.2004 for certain other puposes and otherwise prosp.) by (Fireworks Act 2003 (c. 22), ss. 12(2)(a), 18 (with s. 2(8)); S.I. 2003/3084, art. 2, Sch.; S.I. 2004/1831, art. 2, Sch.

C3 S. 28(2)-(4) applied (E.W.S.) (28.11.2003 for certain purposes, 15.7.2004 for certain other purposes and otherwise prosp.) by (Fireworks Act 2003 (c. 22), ss. 12(2)(a), 18 (with s. 2(8)); S.I. 2003/3084, art. 2, Sch.; S.I. 2004/1831, art. 2, Sch.