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Fair Trading Act 1973
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- UK Public General Acts
- 1973 c. 41
- Part XII
- Section 130
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130 Notice to Director of intended prosecution.U.K.
(1)Where a local weights and measures authority in England or Wales proposes to institute proceedings for an offence under section 23 of this Act, or for an offence under the M1Trade Descriptions Act 1968, other than an offence under section 28(5) or section 29 of that Act, [F1or for an offence under any provision made by or under Part III of the Consumer Protection Act 1987,][F2or for an offence under section 1 of, or paragraph 6 of the Schedule to, the Property Misdescriptions Act 1991,][F3or for an offence under [F4any of sections1A to 2 or 5B of the Timeshare Act 1992]] it shall, as between the authority and the Director, be the duty of the authority to give to the Director notice of the intended proceedings, together with a summary of the facts on which the charges are to be founded, and to postpone institution of the proceedings until either—
(a)twenty-eight days have elapsed since the giving of that notice, or
(b)the Director has notified the authority that he has received the notice and the summary of the facts.
(2)In relation to offences under the M2Trade Descriptions Act 1968, the preceding subsection shall have effect subject to the transitional provisions having effect by virtue of section 139 of this Act.
Textual Amendments
F1Words inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 48(1), Sch. 4 para. 3
F2Words in s. 130(1) inserted by Property Misdescriptions Act 1991 (c. 29, SIF 124:4), s. 3, Sch. paras. 2(1)(2), 8.
F3Words in s. 130(1) inserted (12.10.1992) by Timeshare Act 1992 (c. 35), s. 10, Sch. para. 2, 6; S.I. 1992/1941, art. 2
F4Words in s. 130(1) substituted (29.4.1997) by S.I. 1997/1081, reg. 13(5)
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