Schedule 2Investigatory powers of a local weights and measures authority

Notice of testing of item

12

(1)

Sub-paragraphs (2) and (3) apply where—

(a)

a firework purchased (or acquired under direction or by arrangement) by an officer of a local weights and measures authority under paragraph 2 is submitted to a test and as a result proceedings are brought for an offence under section 5 or 22, or

(b)

a firework or item seized by an officer of a local weights and measures authority under paragraph 6 is submitted to a test.

(2)

The local weights and measures must inform the relevant person of the results of the test.

(3)

The local weights and measures authority must allow a relevant person to have the firework or item tested if it is reasonably practicable to do so.

(4)

In sub-paragraph (2), “relevant person” means the person from whom the firework or item was purchased or seized.

(5)

In sub-paragraph (3), “relevant person” means—

(a)

in a case within sub-paragraph (1)(a), a person who is a party to the proceedings, or

(b)

in any other case, a person referred to in sub-paragraph (4).