Paragraph 2 Enforcement powers under the 1978 Order

(1)

An Article of the 1978 Order listed in sub-paragraph (2) applies, as modified by paragraph 3, for the purposes of the enforcement of the MSC Regulation in relation to a product to which these Regulations apply if, and to the extent that, the Article applies for the purposes of the HSAW enforcer in relation to a relevant product.

(2)

Those Articles are—

(a)

Article 21 (appointment of inspectors);

(b)

Article 22 (powers of inspectors);

(c)

Article 23 (improvement notices);

(d)

Article 24 (prohibition notices);

(e)

Article 25 (provisions supplementary to Articles 23 and 24);

(f)

Article 26 (appeal against improvement or prohibition notice);

(g)

Article 27 (power to deal with cause of imminent danger);

(h)

Article 27A (power of customs officer to detain articles and substances);

(i)

Article 28 (power of enforcing authorities to indemnify inspectors);

(j)

Article 29 (obtaining of information by the Executive, enforcing authorities etc);

(k)

Article 29A (information communicated by Commissioners for Revenue and Customs);

(l)

Article 30 (restrictions on disclosure of information);

(m)

Article 31 (offences);

(n)

Article 32 (extension of time for bringing summary proceedings);

(o)

Article 33 (venue);

(p)

Article 36 (prosecution by inspectors);

(q)

Article 38 (evidence);

(r)

Article 39 (power of court to order cause of offence to be remedied and, in certain cases, forfeiture).