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 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.
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))