Paragraph 10 Test purchases

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

Sch. 3 para. 1(2) substituted by Energy Information and Energy Efficiency 2001 reg. 11(5)(a)
Sch. 3 para. 2(2)-(4) omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(i)
Sch. 3 para. 3(2) words omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(ii)
Sch. 3 para. 3(3)-(5) omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(iii)
Sch. 3 para. 6-8 omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(iv)
Sch. 3 para. 15(3)(i) word omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(v)
Sch. 3 para. 15(3)(j) omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(v)
Sch. 3 para. 15(5)(f) omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(vi)
Sch. 3 para. 19 omitted by Energy Information and Energy Efficiency 2001 reg. 11(5)(b)(vii)
Sch. 3 para. 15(3)(b) revoked by Enterprise Act 2002 (Consequential and Supplemental Provisions) 2003 Sch. para. 30(2)

(1)

An enforcement authority shall have power, for the purpose of ascertaining whether any provision of these Regulations has been contravened, to purchase, or to authorise an officer of the authority to purchase, any appliance.

(2)

Where—

(a)

an appliance purchased under this paragraph by or on behalf of an enforcement authority is submitted to a test; and

(b)

the test leads to the bringing of proceedings in respect of an offence under these Regulations; and

(c)

the authority is requested to do so and it is practicable for the authority to comply with the request,

the authority shall allow the person from whom the appliance was purchased or any person who is a party to the proceedings or has an interest in the appliance to have the appliance tested.

(3)

A test of an appliance purchased under this paragraph, or seized and detained under paragraph 11 (power to enter premises and inspect, seize and detain appliances etc.), shall be carried out in accordance with Part II of Schedule 1.