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Paragraph 25 I1I2I3

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The officer may inspect any product on the premises.

(2)

The power in sub-paragraph (3) is also available to an officer of a domestic enforcer acting pursuant to the duty in section 27(1) of the Consumer Protection Act 1987 or regulation 10(1) of the General Product Safety Regulations 2005 (SI 2005/1803).

(3)

The officer may examine any procedure (including any arrangements for carrying out a test) connected with the production of a product.

(4)

The powers in sub-paragraph (5) are also available to an officer of a domestic enforcer acting pursuant to—

(a)

the duty in regulation 10(1) of the Weights and Measures (Packaged Goods) Regulations 2006 (SI 2006/659) (“the (“2006 Regulations”), or

(b)

the duty in regulation 10(1) of the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 (SR 2011/331) (“the 2011 Regulations”).

(5)

The officer may inspect and take copies of, or of anything purporting to be—

(a)

a record of a kind mentioned in regulation 5(2) or 9(1), or

(b)

evidence of a kind mentioned in regulation 9(3).

(6)

The references in sub-paragraph (5) to regulations are to regulations in the 2006 Regulations in the case of a domestic enforcer in Great Britain or the 2011 Regulations in the case of a domestic enforcer in Northern Ireland.

(7)

The powers in sub-paragraph (8) are also available to an officer of a domestic enforcer acting pursuant to the duty in F1regulation 52(1)(a)(ii) or (b)(ii) of the Electromagnetic Compatibility Regulations (S.I. 2016/1091).

(8)

The officer may—

(a)

inspect any apparatus or fixed installation (as defined in those Regulations), or

(b)

examine any procedure (including any arrangements for carrying out a test) connected with the production of apparatus.

Annotations

Textual amendments

F1

Words in Sch. 5 para. 25(7) substituted (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), regs. 1, 76(4)(c) (with reg. 75(3))

Commencement

I1

Sch. 5 para. 25 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I2

Sch. 5 para. 25 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I3

Sch. 5 para. 25 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)

Notes on Schedule 5

Modifications

C1

Sch. 5 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091), reg. 1, Sch. 7 para. 3 (with regs. 74, 75(5))

C2

Sch. 5 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 2017/1206), reg. 1, Sch. 10 para. 3 (with regs. 3-5, 77)

C3

Sch. 5: power to amend conferred (1.7.2022) by Health and Care Act 2022 (c. 31), ss. 180(3)(a), 186(6); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Notes on Part 4

Textual amendments

F1

Words in Sch. 5 Pt. 4 heading substituted (31.12.2020) by The Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/203), regs. 1, 4(7) (with reg. 9) (as amended by S.I. 2020/1347, regs. 1(3), 3(8)); 2020 c. 1, Sch. 5 para. 1(1)

F2

Word in Sch. 5 Pt. 4 heading substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(7) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

Modifications

C1

Sch. 5 Pt. 4: powers extended in part (1.1.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), ss. 319, 339(1); S.I. 2024/1226, regs. 1(2), 2(1)(4)