SCHEDULES
SCHEDULE 5Investigatory powers etc.
PART 6Exercise of enforcement functions by area enforcers
43Interpretation of this Part
In this Part, “area enforcer” means—
a
a local weights and measures authority in Great Britain,
b
a district council in England, or
c
a district council in Northern Ireland.
44Investigatory powers
1
Sub-paragraphs (3) to (6) apply in relation to an area enforcer’s exercise, in accordance with this Schedule, of a power in Part 3 or 4 of this Schedule.
2
Sub-paragraphs (3) to (6) also apply in relation to an area enforcer’s exercise of an investigatory power—
a
conferred by legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, the area enforcer has a duty or power to enforce, or conferred by legislation under which such legislation is made, or
b
conferred by legislation listed in the second column of the table in paragraph 11 of this Schedule,
for the purpose of ascertaining whether there has been a breach of that legislation or of any notice issued by the area enforcer under that legislation.
3
A local weights and measures authority in England or Wales may exercise the power in a part of England or Wales which is outside that authority’s area.
4
A local weights and measures authority in Scotland may exercise the power in a part of Scotland which is outside that authority’s area.
5
A district council in England may exercise the power in a part of England which is outside that council’s district.
6
A district council in Northern Ireland may exercise the power in a part of Northern Ireland which is outside that council’s district.
45Civil proceedings
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.
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
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
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