SCHEDULES

SCHEDULE 5Investigatory powers etc.

PART 6Exercise of enforcement functions by area enforcers

46Criminal proceedings

1

A local weights and measures authority in England or Wales may bring proceedings for a consumer offence allegedly committed in a part of England or Wales which is outside that authority’s area.

2

In sub-paragraph (1) “a consumer offence” means—

a

an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a local weights and measures authority in England or Wales has a duty or power to enforce,

b

an offence under legislation under which legislation within paragraph (a) is made,

c

an offence under legislation listed in the second column of the table in paragraph 11 of this Schedule in relation to which a local weights and measures authority is listed in the corresponding entry in the first column of the table as an enforcer,

d

an offence originating from an investigation into a breach of legislation mentioned in paragraph (a), (b) or (c), or

e

an offence described in paragraph 36 or 37 of this Schedule.

3

A district council in England may bring proceedings for a consumer offence allegedly committed in a part of England which is outside that council’s district.

4

In sub-paragraph (3) “a consumer offence” means—

a

an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a district council in England has a duty or power to enforce,

b

an offence under legislation under which legislation within paragraph (a) is made,

c

an offence originating from an investigation into a breach of legislation mentioned in paragraph (a) or (b), or

d

an offence described in paragraph 36 or 37 of this Schedule.

5

A district council in Northern Ireland may bring proceedings for a consumer offence allegedly committed in a part of Northern Ireland which is outside that council’s district.

6

In sub-paragraph (5) “a consumer offence” means—

a

an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a district council in Northern Ireland has a duty or power to enforce,

b

an offence under legislation under which legislation within paragraph (a) is made,

c

an offence originating from an investigation into a breach of legislation mentioned in paragraph (a) or (b), or

d

an offence described in paragraph 36 or 37 of this Schedule.