SCHEDULES

C1C2C3SCHEDULE 5Investigatory powers etc.

Annotations:
Modifications etc. (not altering text)
C1

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))

C2

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)

C3

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 6Exercise of enforcement functions by area enforcers

Civil proceedings

I2I1I345

1

Sub-paragraphs (4) to (7) apply in relation to civil proceedings which may be brought by an area enforcer under—

a

Part 8 of the Enterprise Act 2002,

b

Schedule 3 to this Act,

c

legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, the area enforcer has a duty or power to enforce,

d

legislation under which legislation mentioned in paragraph (c) is made, or

e

legislation listed in the second column of the table in paragraph 11 of this Schedule.

2

Sub-paragraphs (4) to (7) also apply in relation to an application for forfeiture which may be made by an area enforcer, in circumstances where there are no related criminal proceedings,—

a

under section 35ZC of the Registered Designs Act 1949,

b

under section 16 of the Consumer Protection Act 1987,

c

under section 97 of the Trade Marks Act 1994 (including as applied by section 11 of the Olympic Symbol etc (Protection) Act 1995), or

d

under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, the area enforcer has a duty or power to enforce.

3

In sub-paragraphs (4), (5), (6) and (7), the reference to civil proceedings includes a reference to an application mentioned in sub-paragraph (2).

4

A local weights and measures authority in England or Wales may bring civil proceedings in respect of conduct in a part of England or Wales which is outside that authority's area.

5

A local weights and measures authority in Scotland may bring civil proceedings in respect of conduct in a part of Scotland which is outside that authority's area.

6

A district council in England may bring civil proceedings in respect of conduct in a part of England which is outside that council's district.

7

A district council in Northern Ireland may bring civil proceedings in respect of conduct in a part of Northern Ireland which is outside that council's district.