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 4Further powers exercisable by domestic enforcers and F4Schedule 13 enforcers
Words in Sch. 5 Pt. 4 heading substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 4(7) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)
Exercise of powers in this Part: F5Schedule 13 enforcers
Words in Sch. 5 para. 20 cross-heading substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 4(8) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)
I1I2I320
1
Any power in this Part of this Schedule which is conferred on F6a Schedule 13 enforcer may be exercised by such an enforcer only for the purposes and in the circumstances mentioned in this paragraph in relation to that power.
2
If the condition in sub-paragraph (3) is met, F7a Schedule 13 enforcer may exercise any power conferred on it by F2paragraphs 22 to 25 and 31 to 34 for any purpose relating to the functions that the enforcer has under Part 8 of the Enterprise Act 2002 in its capacity as a F8Schedule 13 enforcer under that Part.
3
The condition is that an officer of the F9Schedule 13 enforcer reasonably suspects—
a
that there has been, or is likely to be, a F10Schedule 13 infringement,
b
a failure to comply with F3an enforcement order, an interim enforcement order, an online interface order or an interim online interface order made on the application of that enforcer,
c
a failure to comply with an undertaking given under section 217(9) or 218(10) of the Enterprise Act 2002 following such an application, or
d
a failure to comply with an undertaking given to that enforcer under section 219 of that Act.
F13A
F15A Schedule 13 enforcer may exercise the power in paragraph 21 (power to purchase products) for either of the following purposes—
a
the purpose mentioned in sub-paragraph (2), if the condition in sub-paragraph (3) is met, or
b
to obtain a product for use as evidence in proceedings under Part 8 of the Enterprise Act 2002.
4
F11A Schedule 13 enforcer may exercise the power in paragraph 27 (power to require the production of documents) for either of the following purposes—
a
the purpose mentioned in sub-paragraph (2), if the condition in sub-paragraph (3) is met;
b
to ascertain whether the documents may be required as evidence in proceedings under Part 8 of the Enterprise Act 2002.
5
F12A Schedule 13 enforcer may exercise the power in paragraph 28 (power to seize and detain goods) in relation to goods which an officer of the enforcer reasonably suspects—
a
may disclose (by means of testing or otherwise) a F13Schedule 13 infringement or a failure to comply with a measure specified in sub-paragraph (3)(b), (c) or (d), or
b
may be required as evidence in proceedings under Part 8 of the Enterprise Act 2002.
6
F14A Schedule 13 enforcer may exercise the power in paragraph 29 (power to seize documents required as evidence) in relation to documents which an officer of the enforcer reasonably suspects may be required as evidence in proceedings under Part 8 of the Enterprise Act 2002.
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))