OpenLegislation

Paragraph 45 I1I2I3

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

(1)

Sub-paragraphs (4) to (7) apply in relation to civil proceedings which may be brought by an area enforcer under—

F1(a)

Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024,

(b)

Schedule 3 to this Act,

(c)

legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, the area enforcer has a duty or power to enforce,

(d)

legislation under which legislation mentioned in paragraph (c) is made, or

(e)

legislation listed in the second column of the table in paragraph 11 of this Schedule.

(2)

Sub-paragraphs (4) to (7) also apply in relation to an application for forfeiture which may be made by an area enforcer, in circumstances where there are no related criminal proceedings,—

(a)

under section 35ZC of the Registered Designs Act 1949,

(b)

under section 16 of the Consumer Protection Act 1987,

(c)

under section 97 of the Trade Marks Act 1994 (including as applied by section 11 of the Olympic Symbol etc (Protection) Act 1995), or

(d)

under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, the area enforcer has a duty or power to enforce.

(3)

In sub-paragraphs (4), (5), (6) and (7), the reference to civil proceedings includes a reference to an application mentioned in sub-paragraph (2).

(4)

A local weights and measures authority in England or Wales may bring civil proceedings in respect of conduct in a part of England or Wales which is outside that authority's area.

(5)

A local weights and measures authority in Scotland may bring civil proceedings in respect of conduct in a part of Scotland which is outside that authority's area.

(6)

A district council in England may bring civil proceedings in respect of conduct in a part of England which is outside that council's district.

(7)

A district council in Northern Ireland may bring civil proceedings in respect of conduct in a part of Northern Ireland which is outside that council's district.

Annotations

Textual amendments

F1

Sch. 5 para. 45(1)(a) substituted (6.4.2025) by Digital Markets, Competition and Consumers Act 2024 (c. 13), s. 339(1), Sch. 18 para. 11(13) (with Sch. 19); S.I. 2025/272, reg. 2(1)(9)

Commencement

I1

Sch. 5 para. 45 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)

I2

Sch. 5 para. 45 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)

I3

Sch. 5 para. 45 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)