Regulation 13 Duty and power to enforceF6

United Kingdom

F1(1)

It shall be the duty of every local weights and measures authority and DETINI to enforce these Regulations.

F2(1A)

Each of the following may also enforce these Regulations—

(a)

the F3CMA;

(b)

GEMA.

(2)

Where an enforcement authority is a local weights and measures authority the duty referred to in paragraph (1) shall apply to the enforcement of these Regulations within the authority's area.

(3)

Where the enforcement authority is the Department of Enterprise, Trade and Investment in Northern Ireland the duty referred to in paragraph (1) shall apply to the enforcement of these Regulations within Northern Ireland.

(4)

F4In determining how to comply with paragraph (1), or as the case may be, paragraph (1A) every enforcement authority shall have regard to the desirability of encouraging control of advertising which is misleading under regulation 3 and comparative advertising which is not permitted under regulation 4 by such established means as it considers appropriate having regard to all the circumstances of the particular case.

F5(4A)

Nothing in this regulation shall authorise GEMA to bring proceedings for an offence.

(5)

Nothing in this regulation shall authorise any enforcement authority to bring proceedings in Scotland for an offence.

Annotations

Textual amendments

F1: Reg. 13(1)(1A) substituted for reg. 13(1) (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 12(4)
F2: Reg. 13(1A) substituted (14.11.2013) by The Business Protection from Misleading Marketing (Amendment) Regulations 2013 (S.I. 2013/2701), regs. 1, 4(a)
F3: Word in reg. 13(1A) substituted (1.4.2014) by The Enterprise and Regulatory Reform Act 2013 (Competition) (Consequential, Transitional and Saving Provisions) (No. 2) Order 2014 (S.I. 2014/549), art. 1(1), Sch. 1 para. 34(3) (with art. 3)
F4: Words in reg. 13(4) substituted (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 12(5)
F5: Reg. 13(4A) inserted (14.11.2013) by The Business Protection from Misleading Marketing (Amendment) Regulations 2013 (S.I. 2013/2701), regs. 1, 4(b)
F6: Reg. 13 heading substituted (28.3.2013) by The Public Bodies (The Office of Fair Trading Transfer of Consumer Advice Scheme Function and Modification of Enforcement Functions) Order 2013 (S.I. 2013/783), arts. 1(2), 12(3)