PART 2U.K.Enforcement

EnforcementE+W+S

4.—[F1(1) The local weights and measures authority, and in relation to Northern Ireland the Department for the Economy, enforce—

(a)Article 5 (obligations of dealers);

(b)Article 6 (other obligations of suppliers and dealers) insofar as it relates to obligations placed on dealers;

(c)Article 9(1) and (4) (procedure at national level for dealing with products presenting a risk) insofar as it relates to obligations placed on dealers;

(d)[F2Article 11B (duties placed on suppliers and dealers where labels are rescaled)] insofar as it relates to obligations placed on dealers; and

(e)RAMS.]

[F3(2) The Secretary of State enforces—

(a)Article 3 (general obligations of suppliers);

[F4(b)Article 4(2), (6) and (8) (obligations of suppliers in relation to product information);]

(c)Article 6 (other obligations of suppliers and dealers) insofar as it relates to obligations placed on suppliers;

(d)Article 9(1) and (4) (procedure at national level for dealing with products presenting a risk) insofar as it relates to obligations placed on suppliers;

(e)[F5Article 11B (duties placed on suppliers and dealers where labels are rescaled)] insofar as it relates to obligations placed on suppliers;

(f)Article 12(5) and (6) (product database);

(g)Article 20(3) (repeal and transitional measures); and

(h)RAMS.]

(3) Each of these is referred to as a “market surveillance authority”.

[F6(4) The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.]

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

EnforcementN.I.

4.—[F9(1) The local weights and measures authority, and in relation to Northern Ireland the Department for the Economy, enforce—

(a)Article 5 (obligations of dealers);

(b)Article 6 (other obligations of suppliers and dealers) insofar as it relates to obligations placed on dealers;

(c)Article 9(1) and (4) (procedure at national level for dealing with products presenting a risk) insofar as it relates to obligations placed on dealers;

(d)Article 11(13) (procedure for the introduction and rescaling of labels) insofar as it relates to obligations placed on dealers; and

(e)RAMS.]

[F10(2) The Secretary of State enforces—

(a)Article 3 (general obligations of suppliers);

(b)Article 4(1), (2), (4) and (6) (obligations of suppliers in relation to the product database);

(c)Article 6 (other obligations of suppliers and dealers) insofar as it relates to obligations placed on suppliers;

(d)Article 9(1) and (4) (procedure at national level for dealing with products presenting a risk) insofar as it relates to obligations placed on suppliers;

(e)Article 11(13) (procedure for the introduction and rescaling of labels) insofar as it relates to obligations placed on suppliers;

(f)Article 12(5) and (6) (product database);

(g)Article 20(3) (repeal and transitional measures); and

(h)RAMS.]

(3) Each of these is referred to as a “market surveillance authority”.

[F11(4) The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.]

Extent Information

E3This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

Authorised personsU.K.

5.  A market surveillance authority may authorise in writing any person who appears suitable to act on its behalf to carry out any of its functions and to exercise any of the powers or duties [F7conferred by these Regulations, the EU Energy Labelling Regulation or RAMS].

Textual Amendments

SchedulesE+W+S

6.  The following have effect—

(a)Schedule 1 ([F8product-specific measures]);

(b)Schedule 2 (powers of entry and warrants);

(c)Schedule 3 (testing);

(d)Schedule 4 (civil sanctions).

Extent Information

E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

SchedulesN.I.

6.  The following have effect—

(a)Schedule 1 (EU measures);

(b)Schedule 2 (powers of entry and warrants);

(c)Schedule 3 (testing);

(d)Schedule 4 (civil sanctions).

Extent Information

E4This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only