PART 4Market surveillance and enforcement

Enforcement powers42

1

Schedule 3 (enforcement powers of weights and measures authorities, district councils and the Secretary of State under the 1987 Act) has effect where the enforcing authority is—

a

a weights and measures authority;

b

a district council; or

c

the Secretary of State.

2

Schedule 4 (enforcement powers of the Health and Safety Executive and the Office for Nuclear Regulation under the 1974 Act) has effect where the enforcing authority is the Health and Safety Executive or the Office for Nuclear Regulation.

3

Schedule 5 (enforcement powers of the Health and Safety Executive for Northern Ireland under the 1978 Order) has effect where the enforcing authority is the Health and Safety Executive for Northern Ireland.

4

In addition to the powers available to an enforcing authority by virtue of, as appropriate, paragraph (1), (2) or (3), the authority may use the powers in Schedule 6 (compliance, withdrawal and recall notices)20.

5

This regulation does not prevent an enforcing authority from taking action in respect of electrical equipment under the General Product Safety Regulations 200521.