Modifications etc. (not altering text)
C1Sch. 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))
39(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—U.K.
(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.
Modifications etc. (not altering text)
C2Sch. 5 para. 39 applied by 2001 c. 16, Sch. 2 para. 4D (as inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 66(5); S.I. 2015/1630, art. 3(i))
Commencement Information
I1Sch. 5 para. 39 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)
I2Sch. 5 para. 39 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)
I3Sch. 5 para. 39 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)