The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013

Modification of enforcement functions

12.—(1) The Business Protection from Misleading Marketing Regulations 2008(1) are amended as follows.

(2) In regulation 2 (Interpretation)—

(a) after the definition of “court” insert—

““DETINI” means the Department of Enterprise, Trade and Investment in Northern Ireland;”;

(b) for the definition of “enforcement authority” substitute—

““enforcement authority” means the OFT, every local weights and measures authority and DETINI;”;

(c) after the definition of “goods” insert—

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

(3) For the heading in regulation 13 substitute “Duty and power to enforce”.

(4) For regulation 13(1) substitute—

“(1) It shall be the duty of every local weights and measures authority and DETINI to enforce these Regulations.

(1A) The OFT may also enforce these Regulations.”.

(5) In regulation 13(4) for “In determining how to comply with its duty of enforcement” substitute “In determining how to comply with paragraph (1), or as the case may be, paragraph (1A)”.

(6) In regulation 20(2) (Publication, information and advice) for “The OFT” substitute “An enforcement authority”.

(1)

S.I. 2008/1276.