Paragraph 46 I1I2I3
A local weights and measures authority in England or Wales may bring proceedings for a consumer offence allegedly committed in a part of England or Wales which is outside that authority's area.
In sub-paragraph (1) “a consumer offence” means—
an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a local weights and measures authority in England or Wales has a duty or power to enforce,
an offence under legislation under which legislation within paragraph (a) is made,
an offence under legislation listed in the second column of the table in paragraph 11 of this Schedule in relation to which a local weights and measures authority is listed in the corresponding entry in the first column of the table as an enforcer,
an offence originating from an investigation into a breach of legislation mentioned in paragraph (a), (b) or (c), or
an offence described in paragraph 36 or 37 of this Schedule.
A district council in England may bring proceedings for a consumer offence allegedly committed in a part of England which is outside that council's district.
In sub-paragraph (3) “a consumer offence” means—
an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a district council in England has a duty or power to enforce,
an offence under legislation under which legislation within paragraph (a) is made,
an offence originating from an investigation into a breach of legislation mentioned in paragraph (a) or (b), or
an offence described in paragraph 36 or 37 of this Schedule.
A district council in Northern Ireland may bring proceedings for a consumer offence allegedly committed in a part of Northern Ireland which is outside that council's district.
In sub-paragraph (5) “a consumer offence” means—
an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a district council in Northern Ireland has a duty or power to enforce,
an offence under legislation under which legislation within paragraph (a) is made,
an offence originating from an investigation into a breach of legislation mentioned in paragraph (a) or (b), or
an offence described in paragraph 36 or 37 of this Schedule.
Annotations
Commencement
- I1
Sch. 5 para. 46 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b)
- I2
Sch. 5 para. 46 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a)
- I3
Sch. 5 para. 46 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)