PART 3Miscellaneous and General
CHAPTER 5Secondary ticketing
93Enforcement of this Chapter
1
A local weights and measures authority in Great Britain may enforce the provisions of this Chapter in its area.
2
The Department of Enterprise, Trade and Investment may enforce the provisions of this Chapter in Northern Ireland.
3
Each of the bodies referred to in subsections (1) and (2) is an “enforcement authority” for the purposes of this Chapter.
4
Where an enforcement authority is satisfied on the balance of probabilities that a person has breached a duty or prohibition imposed by this Chapter, the authority may impose a financial penalty on the person in respect of that breach.
5
But in the case of a breach of a duty in section 90 or a prohibition in section 91 an enforcement authority may not impose a financial penalty on a person (“P”) if the authority is satisfied on the balance of probabilities that—
a
the breach was due to—
i
a mistake,
ii
reliance on information supplied to P by another person,
iii
the act or default of another person,
iv
an accident, or
v
another cause beyond P's control, and
b
P took all reasonable precautions and exercised all due diligence to avoid the breach.
6
A local weights and measures authority in England and Wales may impose a penalty under this section in respect of a breach which occurs in England and Wales but outside that authority's area (as well as in respect of a breach which occurs within that area).
7
A local weights and measures authority in Scotland may impose a penalty under this section in respect of a breach which occurs in Scotland but outside that authority's area (as well as in respect of a breach which occurs within that area).
8
Only one penalty under this section may be imposed on the same person in respect of the same breach.
9
The amount of a financial penalty imposed under this section—
a
may be such as the enforcement authority imposing it determines, but
b
must not exceed £5,000.
10
Schedule 10 (procedure for and appeals against financial penalties) has effect.
11
References in this section to this Chapter do not include section 94.