SCHEDULES
C2SCHEDULE 5Investigatory powers etc.
PART 5Provisions supplementary to Parts 3 and 4
Notice of testing of goods
I2I1I3C139
1
Sub-paragraphs (3) and (4) apply where goods purchased by an officer of a domestic enforcer under paragraph 21 are submitted to a test and as a result—
a
proceedings are brought for a breach of, or under, the enforcer's legislation or for the forfeiture of the goods by the enforcer, or
b
a notice is served by the enforcer preventing a person from doing any thing.
2
Sub-paragraphs (3) and (4) also apply where goods seized by an officer of a domestic enforcer under paragraph 28 are submitted to a test.
3
The enforcer must inform the relevant person of the results of the test.
4
The enforcer must allow a relevant person to have the goods tested if it is reasonably practicable to do so.
5
In sub-paragraph (3) “relevant person” means the person from whom the goods were purchased or seized or, where the goods were purchased or seized from a vending machine—
a
the person whose name and address are on the vending machine as the owner of the machine, or
b
if there is no such name and address on the machine, the occupier of the premises on which the machine stands or to which it is fixed.
6
In sub-paragraph (4) “relevant person” means—
a
a person within sub-paragraph (5),
b
in a case within sub-paragraph (1)(a), a person who is a party to the proceedings, and
c
in a case within sub-paragraph (1)(b), a person with an interest in the goods.
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))