Consumer Protection Act 1987

27 Enforcement. U.K.

(1) Subject to the following provisions of this section—

(a) it shall be the duty of every weights and measures authority in Great Britain to enforce within their area the safety provisions F1 . . . ; and

(b) it shall be the duty of every district council in Northern Ireland to enforce within their area the safety provisions.

(2) The Secretary of State may by regulations—

(a) wholly or partly transfer any duty imposed by subsection (1) above on a weights and measures authority or a district council in Northern Ireland to such other person who has agreed to the transfer as is specified in the regulations;

(b) relieve such an authority or council of any such duty so far as it is exercisable in relation to such goods as may be described in the regulations.

(3) The power to make regulations under subsection (2) 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.

[F2 (3A) For the investigatory powers available to a person for the purposes of the duty imposed by subsection (1), see Schedule 5 to the Consumer Rights Act 2015 (as well as section 29).]

(4) Nothing in this section shall authorise any weights and measures authority, or any person on whom functions are conferred by regulations under subsection (2) above, to bring proceedings in Scotland for an offence.

Textual Amendments

F1 Words in s. 27(1)(a) repealed (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 30(3), Sch. 4 Pt. 1 (with reg. 28(2)(3), Sch. 3 para. 6)

F2 S. 27(3A) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 38; S.I. 2015/1630, art. 3(i) (with art. 8)

Modifications etc. (not altering text)

C1 S. 27 applied (in part) (E.W.S.) (28.11.2003 for certain purposes, 15.7.2004 for certain further purposes and otherwise prosp.) by (Fireworks Act 2003 (c. 22), ss. 12(1), 18 (with s. 2(8)); S.I. 2003/3084, art. 2, Sch.; S.I. 2004/1831, art.2, Sch.

C2 Functions under s. 27(2)(3) made exercisable concurrently (29.7.2004 for certain purposes) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2004 (S.I. 2004/2030), art. 4, Sch.