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 2The enforcer's legislation
Enforcer's legislation
I1I4I79
1
In this Schedule “the enforcer's legislation”, in relation to a domestic enforcer, means—
a
legislation or notices which, by virtue of a provision listed in paragraph 10, the domestic enforcer has a duty or power to enforce, and
b
where the domestic enforcer is listed in an entry in the first column of the table in paragraph 11, the legislation listed in the corresponding entry in the second column of that table.
2
References in this Schedule to a breach of or compliance with the enforcer's legislation include a breach of or compliance with a notice issued under—
a
the enforcer's legislation, or
b
legislation under which the enforcer's legislation is made.
F413
References in this Schedule to a breach of or compliance with the enforcer's legislation are to be read, in relation to the F8Lifts Regulations 2016 (SI 2016/1093) , as references to a breach of or compliance with the Regulations as they apply to F9lifts for private use and consumption and safety components for such lifts .
Enforcer's legislation: duties and powers mentioned in paragraph 9(1)(a)
I5I2I810
The duties and powers mentioned in paragraph 9(1)(a) are those arising under any of the following provisions—
section 26(1) or 40(1)(b) of the Trade Descriptions Act 1968 (including as applied by regulation 8(3) of the Crystal Glass (Descriptions) Regulations 1973 (SI 1973/1952) and regulation 10(2) of the Footwear (Indication of Composition) Labelling Regulations 1995 (SI 1995/2489));
section 9(1) or (6) of the Hallmarking Act 1973;
paragraph 6 of the Schedule to the Prices Act 1974 (including as read with paragraph 14(1) of that Schedule);
section 161(1) of the Consumer Credit Act 1974;
section 26(1) of the Estate Agents Act 1979;
Article 39 of the Weights and Measures (Northern Ireland) Order 1981 (SI 1981/231 (NI 10));
section 16A(1) or (4) of the Video Recordings Act 1984;
section 27(1) of the Consumer Protection Act 1987 (including as applied by section 12(1) of the Fireworks Act 2003 to fireworks regulations under that Act F22and by regulation 18 of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829) to those Regulations);
section 215(1) of the Education Reform Act 1988;
section 107A(1) or (3) or 198A(1) or (3) of the Copyright, Designs and Patents Act 1988;
F5...
section 30(4) or (7) or 31(4)(a) of the Clean Air Act 1993;
paragraph 1 of Schedule 2 to the Sunday Trading Act 1994;
section 93(1) or (3) of the Trade Marks Act 1994;
section 8A(1) or (3) of the Olympic Symbol etc (Protection) Act 1995;
F48...
F3...
regulation 5C(5) of the Motor Fuel (Composition and Content) Regulations 1999 (SI 1999/3107);
F27...
F42regulation 61 of the Medical Devices Regulations 2002 (S.I. 2002/618)
paragraph 1(a) of Schedule 10 to the Personal Protective Equipment Regulations 2002 (SI 2002/1144) F35so far as that paragraph remains in force by virtue of regulation 2(6) of the Personal Protective Equipment (Enforcement) Regulations 2018 (S.I. 2018/390);
F1...
section 3(1) of the Christmas Day Trading Act 2004;
F36the General Product Safety Regulations 2005 (S.I. 2005/1803), if they are duties and powers of an enforcement authority (within the meaning of regulation 2 of those Regulations));
regulation 10(1) of the Weights and Measures (Packaged Goods) Regulations 2006 (SI 2006/659);
F11...
F12...
F13...
F14...
F15...
F16...
F17...
F18...
F19...
F20...
F39...
regulation 13(1) or (1A) of the Business Protection from Misleading Marketing Regulations 2008 (SI 2008/1276);
regulation 19(1) or (1A) of the Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277);
paragraph 2 or 5 of Schedule 5 to the Supply of Machinery (Safety) Regulations 2008 (SI 2008/1597);
F25section A11(7)(a) of the Apprenticeships, Skills, Children and Learning Act 2009;
regulation 32(2) or (3) of the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 (SI 2010/2960);
regulation 10(1) of the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 (SR 2011/331);
regulation 11 of the Textile Products (Labelling and Fibre Composition) Regulations 2012 (SI 2012/1102);
regulation 6(1) of the Cosmetic Products Enforcement Regulations 2013 (SI 2013/1478);
section 87(1) of this Act;
section 93(1) or (2) of this Act;
F2regulation 7(1) of the Packaging (Essential Requirements) Regulations 2015.
F23regulation 53 of the Tobacco and Related Products Regulations 2016 (S.I. 2016/507).
F40regulation 52(1)(a)(ii) or (b)(ii) of the Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091);
F6regulation 55(1) or (2) of the Simple Pressure Vessels (Safety) Regulations 2016 (S.I. 2016/1092);
F47regulation 61(1) or (2) of the Lifts Regulations 2016 (S.I. 2016/1093);
F7regulation 41(1) or (2) of the Electrical Equipment (Safety) Regulations 2016 (S.I. 2016/1101);
F4regulation 67(1) or (2) of the Pressure Equipment (Safety) Regulations 2016 (S.I. 2016/1105);
F10regulation 62 of the Non-automatic Weighing Instruments Regulations 2016 (S.I. 2016/1152)
F30F37regulation 67 of the Measuring Instruments Regulations 2016 (S.I. 2016/1153);
F26regulation 66(1) or (2) of the Recreational Craft Regulations 2017 (S.I. 2017/737);
F28regulation 56(1)(a)(ii) or (b)(ii) or (2) of the Radio Equipment Regulations 2017 (S.I. 2017/1206)
F34regulation 4(1) and (2) of the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 2018/389);
F34regulation 4(1) and (2) of the Personal Protective Equipment (Enforcement) Regulations 2018 (S.I. 2018/390).
F29regulation 31 of the Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634);
F46section 64 of the Offensive Weapons Act 2019.
F32section 6 of the Tenant Fees Act 2019
F33section 7 of the Tenant Fees Act 2019
F31section 26 of the Tenant Fees Act 2019
F38section 20(1) and (3) of the Birmingham Commonwealth Games Act 2020;
F44regulation 26 of the Medical Devices (Northern Ireland Protocol) Regulations 2021;
F45section 4 of the Botulinum Toxin and Cosmetic Fillers (Children) Act 2021
F49section 8 of the Leasehold Reform (Ground Rent) Act 2022;
F51section 4(1) of the Animals (Low-Welfare Activities Abroad) Act 2023.
Enforcer's legislation: legislation mentioned in paragraph 9(1)(b)
I6I3I911
Here is the table mentioned in paragraph 9(1)(b)—
Enforcer | Legislation |
|---|---|
A local weights and measures authority in Great Britain or the Department of Enterprise, Trade and Investment in Northern Ireland | Section 35ZA of the Registered Designs Act 1949 |
A local weights and measures authority in Great Britain or the Department of Enterprise, Trade and Investment in Northern Ireland | The Measuring Container Bottles (EEC Requirements) Regulations 1977 (SI 1977/932) |
The Secretary of State | The Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977 (SI 1977/1753) |
A local weights and measures authority in Great Britain | The Weights and Measures Act 1985 and regulations and orders made under that Act |
A local weights and measures authority in Great Britain or the Department of Enterprise, Trade and Investment in Northern Ireland | The Measuring Instruments (EEC Requirements) Regulations 1988 (SI 1988/186) |
A local weights and measures authority in Great Britain or the Department of Enterprise, Trade and Investment in Northern Ireland | The Financial Services and Markets Act 2000 so far as it relates to a relevant regulated activity within the meaning of section 107(4)(a) of the Financial Services Act 2012 |
F21. . . | F21. . . |
F24A London borough council | Section 75 of the London Local Authorities Act 2007 |
F50A local weights and measures authority in Great Britain or a district council in Northern Ireland | Regulation 6(1) of the Tobacco Products (Traceability and Security Features) Regulations 2019 (S.I. 2019/594 |
F43The Secretary of State, a local weights and measures authority in Great Britain or a district council in Northern Ireland | Regulations made under section 15(1) of the Medicines and Medical Devices Act 2021 |
F43The Secretary of State, a local weights and measures authority in Great Britain or a district council in Northern Ireland | Chapter 3 of Part 4 of the Medicines and Medical Devices Act 2021 |
Powers to amend paragraph 10 or 11
12
1
The Secretary of State may by order made by statutory instrument—
a
amend paragraph 10 or the table in paragraph 11 by adding, modifying or removing any entry in it;
b
in consequence of provision made under paragraph (a), amend, repeal or revoke any other legislation (including this Act) whenever passed or made.
2
The Secretary of State may not make an order under this paragraph that has the effect that a power of entry, or an associated power, contained in legislation other than this Act is replaced by a power of entry, or an associated power, contained in this Schedule unless the Secretary of State thinks that the condition in sub-paragraph (3) is met.
3
That condition is that, on and after the changes made by the order, the safeguards applicable to the new power, taken together, provide a greater level of protection than any safeguards applicable to the old power.
4
In sub-paragraph (2) “power of entry” and “associated power” have the meanings given by section 46 of the Protection of Freedoms Act 2012.
5
An order under this paragraph may contain transitional or transitory provision or savings.
6
A statutory instrument containing an order under this paragraph that amends or repeals primary legislation may not be made unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
7
Any other statutory instrument containing an order under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.
8
In this paragraph “primary legislation” means—
a
an Act of Parliament,
b
an Act of the Scottish Parliament,
c
an Act or Measure of the National Assembly for Wales, or
d
Northern Ireland legislation.
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))