SCHEDULES
C1C2C3SCHEDULE 5Investigatory powers etc.
Sch. 5 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), reg. 1, Sch. 10 para. 3 (with regs. 3-5, 77)
Sch. 5: power to amend conferred (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 180(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
PART 4Further powers exercisable by domestic enforcers and F1Schedule 13 enforcers
Words in Sch. 5 Pt. 4 heading substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 4(7) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)
Exercise of powers in this Part: domestic enforcers
I1I2I319
1
A domestic enforcer may exercise a power in this Part of this Schedule only for the purposes and in the circumstances mentioned in this paragraph in relation to that power.
2
A domestic enforcer may exercise any power in paragraphs 21 to 26 and 31 to 34 for the purpose of ascertaining compliance with the enforcer's legislation.
3
A domestic enforcer may exercise the power in paragraph 27 (power to require the production of documents) for either of the following purposes—
a
subject to sub-paragraph (4), to ascertain compliance with the enforcer's legislation;
b
to ascertain whether the documents may be required as evidence in proceedings for a breach of, or under, the enforcer's legislation.
4
A domestic enforcer may exercise the power in paragraph 27 for the purpose mentioned in sub-paragraph (3)(a) only if an officer of the enforcer reasonably suspects a breach of the enforcer's legislation, unless—
a
the power is being exercised in relation to a document that the trader is required to keep by virtue of a provision of the enforcer's legislation, or
b
the enforcer is a market surveillance authority within the meaning of F3Article 2(18) of the Regulation on Accreditation and Market SurveillanceF3Article 3(4) of the Market Surveillance Regulation and the power is exercised for the purpose of market surveillance within the meaning of F4Article 2(17) of that RegulationF4Article 3(3) of that Regulation.
5
A domestic enforcer may exercise the power in paragraph 28 (power to seize and detain goods) in relation to—
a
goods which an officer of the enforcer reasonably suspects may disclose (by means of testing or otherwise) a breach of the enforcer's legislation,
b
goods which an officer of the enforcer reasonably suspects are liable to forfeiture under that legislation, and
c
goods which an officer of the enforcer reasonably suspects may be required as evidence in proceedings for a breach of, or under, that legislation.
6
A domestic enforcer may exercise the power in paragraph 29 (power to seize documents required as evidence) in relation to documents which an officer of the enforcer reasonably suspects may be required as evidence—
a
in proceedings for a breach of the enforcer's legislation, or
b
in proceedings under the enforcer's legislation.
7
A domestic enforcer may exercise the power in paragraph 30 (power to decommission or switch off fixed installations)—
a
if an officer of the enforcer reasonably suspects a breach of the Electromagnetic Compatibility Regulations 2006 (SI 2006/3418), and
b
for the purpose of ascertaining (by means of testing or otherwise) whether there has been such a breach.
F27A
A domestic enforcer may exercise the power in paragraph 30A (power to decommission or switch off fixed medical devices)—
a
if an officer of the enforcer reasonably suspects F5a breach of—
i
the Medical Devices Regulations 2002 (S.I. 2002/618),
ii
regulations made under section 15(1) of the Medicines and Medical Devices Act 2021,
iii
the Medical Devices (Northern Ireland Protocol) Regulations 2021, F6...
v
Regulation (EU) 2017/746 on in vitro diagnostic medical devices, and
b
for the purpose of ascertaining (by means of testing or otherwise) whether there has been such a breach.
8
For the purposes of the enforcement of the Estate Agents Act 1979—
a
the references in sub-paragraphs (2) and (3)(a) to ascertaining compliance with the enforcer's legislation include ascertaining whether a person has engaged in a practice mentioned in section 3(1)(d) of that Act (practice in relation to estate agency work declared undesirable by the Secretary of State), and
b
the references in sub-paragraph (4) and paragraphs 23(6)(a) and 32(3)(a) to a breach of the enforcer's legislation include references to a person's engaging in such a practice.
Sch. 5 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), reg. 1, Sch. 7 para. 3 (with regs. 74, 75(5))