Trade Descriptions Act 1968

Enforcement U.K.

26 Enforcing authorities. U.K.

(1) It shall be the duty of every local weights and measures authority [F1 as defined in [F2 section 69(3) of the Weights and Measures Act M1 1985]]to enforce within their area the provisions of this Act and of any order made under this Act; . . . F3

(2) Every local weights and measures authority shall, whenever the Board of Trade so direct, make to the Board a report on the exercise of their functions under this Act in such form and containing such particulars as the Board may direct.

F4 (3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Nothing in this section shall be taken as authorising a local weights and measures authority in Scotland to institute proceedings for an offence.

Textual Amendments

F1 Words inserted (S.) by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2), s. 214(2), Sch. 27 Pt. II para. 174(a)

F2 Words substituted by virtue of Weights and Measures Act 1985 (c. 72, SIF 131), s. 96(1), Sch. 11 para. 3

F3 Words repealed by Local Government (Scotland) Act 1973 (c. 65, SIF 81:2),s. 214(2), Sch. 27 Pt. II para. 174(a), Sch. 29 and Weights and Measures Act 1985 (c. 72, SIF 131), ss. 96(1), 98, Sch. 11 para. 21(2), Sch. 13 Pt. I

F4 S. 26(3)(4) repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:2), ss. 1, 194, Sch. 4 para. 10 and Sch. 34 Pt. IV

Modifications etc. (not altering text)

C1 S. 26 extended (1.1.1975) by Hallmarking Act 1973 (c. 43), s. 9(1)

S. 26 extended with modifications by S.I. 1986/26, reg. 11(2) and by S.I. 1988/1586, reg. 4(2)

S. 26 applied (with modifications) (23.3.1996) by S.I. 1995/2489, reg. 10(1).

S. 26 restricted (23.3.1996) by S.I. 1995/2489, reg.9.

C2 S. 26(2) extended by Control of Pollution Act 1974 (c. 40, SIF 46:4), s. 75(5)

C3 S. 26(2)(3) extended (27.8.1993) by 1993 c. 11, ss. 30(4)(5), 32, 68(2).

Marginal Citations

M1 1985 c.72 (131).

27 Power to make test purchases. U.K.

A local weights and measures authority shall have power to make, or to authorise any of their officers to make on their behalf, such purchases of goods, and to authorise any of their officers to secure the provision of such services, accommodation or facilities, as may appear expedient for the purpose of determining whether or not the provisions of this Act and any order made thereunder are being complied with.

Modifications etc. (not altering text)

C4 S. 27 extended (1.1.1975) by Hallmarking Act 1973 (c. 43), s. 9(3)

Ss. 27, 28 extended by Control of Pollution Act 1974 (c. 40, SIF 46:4), s. 75(6)(8)

Ss. 27, 28 extended (with modifications) by S.I. 1986/26, reg. 11(2)

Ss. 27, 28 extended (with modifications) by S.I. 1988/1586, reg. 4(2)

S. 27 extended by 1988 c. 48, s. 107A(2) (as inserted (6.4.2007) by 1994 c. 33, ss. 165(2), 172(2); S.I. 2007/621, art. 2)

S. 27 extended by 1988 c. 48, s. 198A(2) (as inserted (6.4.2007) by 1994 c. 33, ss. 165(3), 172(2); S.I. 2007/621, art. 2)

C5 S. 27 applied (with modifications) (N.I.) (1.1.1975) by Hallmarking Act 1973 (c. 43), s. 9(7)

Ss. 27, 28 applied (with modifications) by Trade Marks Act 1938 (c. 22, SIF 67A), s. 58D(2) (as inserted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67), s. 300)

S. 27 applied (with modifications) (27.8.1993) by 1993 c. 11, ss. 30(5)(6)(7), 32, 68(2)

S. 27 applied (with modifications) (31.10.1994) by 1994 c. 26, s. 93(2)(3)(5); S.I. 1994/2250, art. 2

S. 27 applied (with modifications) (23.3.1996) by S.I. 1995/2489, reg. 10(1)

S. 27 applied by Olympic Symbol etc. (Protection) Act 1995 (c. 32), s. 8A(2)-(4) (as added (2.4.2007) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 32, 40(2), Sch. 3 para. 12(1) (with s. 40(5))); S.I. 2007/1064, art. 2

C6 S. 27 restricted (23.3.1996) by S.I. 1995/2489, reg. 9

28 Power to enter premises and inspect and seize goods and documents. U.K.

(1) A duly authorised officer of a local weights and measures authority or of a Government department may, at all reasonable hours and on production, if required, of his credentials, exercise the following powers, that is to say,—

(a) he may, for the purpose of ascertaining whether any offence under this Act has been committed, inspect any goods and enter any premises other than premises used only as a dwelling;

(b) if he has reasonable cause to suspect that an offence under this Act has been committed, he may, for the purpose of ascertaining whether it has been committed, require any person carrying on a trade or business or employed in connection with a trade or business to produce any books or documents relating to the trade or business and may take copies of, or of any entry in, any such book or document;

(c) if he has reasonable cause to believe that an offence under this Act has been committed, he may seize and detain any goods for the purpose of ascertaining, by testing or otherwise, whether the offence has been committed;

(d) he may seize and detain any goods or documents which he has reason to believe may be required as evidence in proceedings for an offence under this Act;

(e) he may, for the purpose of exercising his powers under this subsection to seize goods, but only if and to the extent that it is reasonably necessary in order to secure that the provisions of this Act and of any order made thereunder are duly observed, require any person having authority to do so to break open any container or open any vending machine and, if that person does not comply with the requirement, he may do so himself.

(2) An officer seizing any goods or documents in the exercise of his powers under this section shall inform the person from whom they are seized and, in the case of goods seized from a vending machine, the person whose name and address are stated on the machine as being the proprietor’s or, if no name and address are so stated, the occupier of the premises on which the machine stands or to which it is affixed.

(3) If a justice of the peace, on sworn information in writing—

(a) is satisfied that there is reasonable ground to believe either—

(i) that any goods, books or documents which a duly authorised officer has power under this section to inspect are on any premises and that their inspection is likely to disclose evidence of the commission of an offence under this Act: or

(ii) that any offence under this Act has been, is being or is about to be committed on any premises; and

(b) is also satisfied either—

(i) that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this subsection has been given to the occupier; or

(ii) that an application for admission, or the giving of such a notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,

the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise an officer of a local weights and measures authority or of a Government department to enter the premises, if need be by force.

In the application of this subsection to Scotland, “justice of the peace” shall be construed as including a sheriff and a magistrate.

(4) An officer entering any premises by virtue of this section may take with him such other persons and such equipment as may appear to him necessary; and on leaving any premises which he has entered by virtue of a warrant under the preceding subsection he shall, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured against trespassers as he found them.

(5) If any person discloses to any person—

(a) any information with respect to any manufacturing process or trade secret obtained by him in premises which he has entered by virtue of this section; or

(b) any information obtained by him in pursuance of this Act;

he shall be guilty of an offence unless the disclosure was made in or for the purpose of the performance by him or any other person of functions under this Act.

[F5 (5A) Subsection (5) of this section does not apply to disclosure for a purpose specified in [F6 section 38(2)(a), (b) or (c) of the Consumer Protection Act 1987][F7 or Article 29(2)(a), (b) or (c) of the Consumer Protection (Northern Ireland) Order 1987]

(6) If any person who is not a duly authorised officer of a local weights and measures authority or of a Government department purports to act as such under this section he shall be guilty of an offence.

(7) Nothing in this section shall be taken to compel the production by a solicitor of a document containing a privileged communication made by or to him in that capacity or to authorise the taking of possession of any such document which is in his possession.]

Textual Amendments

F5 S. 28(5A) inserted by Consumer Credit Act 1974 (c. 39, SIF 60), s. 192, Sch. 4 para. 28

F6 Words substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 48(1), Sch. 4 para. 2(2)

F7 Words inserted by S.I. 1987/2049 (N.I. 20), art. 35(1), Sch. 3 para. 1

Modifications etc. (not altering text)

C7 S. 28 extended (1.1.1975) by Hallmarking Act 1973 (c. 43), s. 9(3)

S. 28 applied (with modifications) (N.I.) (1.1.1975) by Hallmarking Act 1973 (c. 43), s. 9(7)

Ss. 27, 28 extended by Control of Pollution Act 1974 (c. 40, SIF 46:4), s. 75(6)(8)

Ss. 27, 28 extended (with modifications) by S.I. 1986/26, reg. 11(2) and by S.I. 1988/1586, reg. 4(2)

Ss. 27, 28 applied (with modifications) by Trade Marks Act 1938 (c. 22, SIF 67A), s. 58D(2) (as inserted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 300)

S. 28 applied (with modifications) (27.8.1993) by 1993 c. 11, ss. 30(5)(6)(7), 32, 68(2)

S. 28 applied (with modifications) (23.3.1996) by S.I. 1995/2489, reg. 10(1)

S. 28 restricted (23.3.1996) by S.I. 1995/2489, reg. 9

S. 28 applied (with modifications) (31.10.1994) by 1994 c. 26, s. 93(2)(3)(5); S.I. 1994/2250, art. 2

C8 S. 28(1)(c)(d): powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, 138(2), Sch. 1 Pt. 1 para. 9; S.I. 2003/708, art. 2(a)(c)(j)

C9 S. 28(5A): disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127, Sch. 4 Pt. 1 para. 5

29 Obstruction of authorised officers. U.K.

(1) Any person who—

(a) wilfully obstructs an officer of a local weights and measures authority or of a Government department acting in pursuance of this Act; or

(b) wilfully fails to comply with any requirement properly made to him by such an officer under section 28 of this Act; or

(c) without reasonable cause fails to give such an officer so acting any other assistance or information which he may reasonably require of him for the purpose of the performance of his functions under this Act.

shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [F8 level 3 on the standard scale].

(2) If any person, in giving any such information as is mentioned in the preceding subsection, makes any statement which he knows to be false, he shall be guilty of an offence.

(3) Nothing in this section shall be construed as requiring a person to answer any question or give any information if to do so might incriminate him.

Textual Amendments

F8 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1),ss. 289F, 289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6

Modifications etc. (not altering text)

C10 S. 29 extended (1.1.1975) by Hallmarking Act 1973 (c. 43), s. 9(3)

S. 29 extended by Control of Pollution Act 1974 (c. 40, SIF 46:4), s. 75(6)(8)

S. 29 extended (with modifications) by S.I. 1986/26, reg. 11(2)

S. 29 extended (with modifications) by S.I. 1988/1586, reg. 4(2)

S. 29 extended by 1988 c. 48, ss. 107A(2), 198A(2) (as inserted (6.4.2007) by 1994 c. 33, ss. 165(2)(3), 172(2)); S.I. 2007/621, art. 2

C11 S. 29 applied (with modifications) (N.I.) (1.1.1975) by Hallmarking Act 1973 (c. 43), s. 9(7)

S. 29 applied (with modifications) by Trade Marks Act 1938 (c. 22, SIF 67A), s. 58D(2) (as inserted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 300)

S. 29 applied (with modifications) (E.W.S.) by Education Reform Act 1988 (c. 40, SIF 41:1, 2), s. 215(7)-(9)

S. 29 applied (with modifications) by S.I. 1988/1989 (N.I. 22), art. 4(6)(7)

S. 29 applied (with modifications) (27.8.1993) by 1993 c. 11, ss. 30(5)(6)(7), 32, 68(2)

S. 29 applied (with modifications) (31.10.1994) by 1994 c. 26, s. 93(2)(3)(5); S.I. 1994/2250, art. 2

S. 29 applied (3.2.1995) by 1984 c. 39, s. 16A(4A) (as inserted (3.2.1995) by 1994 c. 33, ss. 91(2)(c); S.I. 1995/127, art. 2(1), Sch. 1)

S. 29 applied (with modifications) (23.3.1996) by S.I. 1995/2489, reg. 10(1)

S. 29 applied by Olympic Symbol etc. (Protection) Act 1995 (c. 32), s. 8A(2)-(4) (as added (2.4.2007) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 32, 40(2), Sch. 3 para. 12(1) (with s. 40(5))); S.I. 2007/1064, art. 2

C12 S. 29 restricted (23.3.1996) by S.I. 1995/2489, reg. 9

30 Notice of test and intended prosecution. U.K.

(1) Where any goods seized or purchased by an officer in pursuance of this Act are submitted to a test, then—

(a) if the goods were seized, the officer shall inform the person mentioned in section 28(2) of this Act of the result of the test;

(b) if the goods were purchased and the test leads to the institution of proceedings for an offence under this Act, the officer shall inform the person from whom the goods were purchased, or, in the case of goods sold through a vending machine, the person mentioned in section 28(2) of this Act, of the result of the test;

and shall, where as a result of the test proceedings for an offence under this Act are instituted against any person, allow him to have the goods tested on his behalf if it is reasonably practicable to do so.

F9 (2)–(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 S. 30(2)-(4) repealed by Fair Trading Act 1973 (c. 41), Sch. 13

Modifications etc. (not altering text)

C13 S. 30 extended (1.1.1975) by Hallmarking Act 1973 (c. 43), s. 9(3)

C14 S. 30 extended by Control of Pollution Act 1974 (c. 40, SIF 46:4), s. 75(6)(8)

C15 S. 30 applied (with modifications) (27.8.1993) by 1993 c. 11, ss. 30(5)(6)(7), 32, 68(2).

C16 S. 30 applied (1.4.2003) by 2001 c. 16, ss. 70, 138(2), Sch. 2 Pt. 1 para. 1; S.I. 2003/708, art. 2(k)

C17 S. 30(1) extended with modifications by S.I. 1986/26, reg. 11(2) and by S.I. 1988/1586, reg. 4(2)

S. 30(1) applied (with modifications) (23.3.1996) by S.I. 1995/2489, reg. 10(1)

S. 30(1) restricted (23.3.1996) by S.I. 1995/2489, reg. 9

31 Evidence by certificate. U.K.

(1) The Board of Trade may by regulations provide that certificates issued by such persons as may be specified by the regulations in relation to such matters as may be so specified shall, subject to the provisions of this section, be received in evidence of those matters in any proceedings under this Act.

(2) Such a certificate shall not be received in evidence—

(a) unless the party against whom it is to be given in evidence has been served with a copy thereof not less than seven days before the hearing; or

(b) if that party has, not less than three days before the hearing, served on the other party a notice requiring the attendance of the person issuing the certificate.

(3) In any proceedings under this Act in Scotland, a certificate received in evidence by virtue of this section or, where the attendance of a person issuing a certificate is required under subsection (2)(b) of this section, the evidence of that person, shall be sufficient evidence of the matters stated in the certificate.

(4) For the purposes of this section any document purporting to be such a certificate as is mentioned in this section shall be deemed to be such a certificate unless the contrary is shown.

(5) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Modifications etc. (not altering text)

C18 S. 31 extended (1.1.1975) by Hallmarking Act 1973 (c. 43), s. 9(3)

C19 S. 31(2)–(4) power to apply given (S.) by Control of Pollution Act 1974 (c. 40, SIF 46:4), s. 75(7)(b)

C20 S. 31(2)-(4): power to apply conferred on s. 31(2)-(4) (27.8.1993) by 1993 c. 11, ss. 30(6), 32, 68(2).

S. 31(2)-(4) applied (1.10.1994) by S.I. 1994/2295, reg. 10(1).