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Enterprise Act 2002, Section 230 is up to date with all changes known to be in force on or before 02 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)This section applies if a local weights and measures authority in England and Wales intends to start proceedings for an offence under an enactment or subordinate legislation specified by the Secretary of State by order for the purposes of this section.
(2)The authority must give the [F1CMA]—
(a)notice of its intention to start the proceedings;
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)The authority must not start the proceedings until whichever is the earlier of the following—
(a)the end of the period of 14 days starting with the day on which the authority gives the notice;
(b)the day on which it is notified by the [F3CMA] that the [F3CMA] has received the notice F4... given under subsection (2).
(4)The authority must also notify the [F5CMA] of the outcome of the proceedings after they are finally determined.
(5)But such proceedings are not invalid by reason only of the failure of the authority to comply with this section.
(6)Subordinate legislation has the same meaning as in section 21(1) of the Interpretation Act 1978 (c. 30).
(7)An order under this section must be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F1Word in s. 230(2) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 15(2)(a) (with art. 3)
F2S. 230(2)(b) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 15(2)(b) (with art. 3)
F3Word in s. 230(3)(b) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 15(3)(a) (with art. 3)
F4Words in s. 230(3)(b) omitted (1.4.2014) by virtue of The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 15(3)(b) (with art. 3)
F5Word in s. 230(4) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) Order 2014 (S.I. 2014/892), art. 1(1), Sch. 1 para. 15(4) (with art. 3)
Modifications etc. (not altering text)
C1S. 230 continued (23.2.2011) by The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 (S.I. 2010/2960), reg. 1(2), Sch. 7 para. 2
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