Regulation 4 EnforcementE1

England, Wales and Scotland

F1(1)

The local weights and measures authority, and in relation to Northern Ireland the Department for the Economy, enforce—

(a)

Article 5 (obligations of dealers);

(b)

Article 6 (other obligations of suppliers and dealers) insofar as it relates to obligations placed on dealers;

(c)

Article 9(1) and (4) (procedure at national level for dealing with products presenting a risk) insofar as it relates to obligations placed on dealers;

(d)

F2Article 11B (duties placed on suppliers and dealers where labels are rescaled) insofar as it relates to obligations placed on dealers; and

(e)

RAMS.

F3(2)

The Secretary of State enforces—

(a)

Article 3 (general obligations of suppliers);

(F4b)

Article 4(2), (6) and (8) (obligations of suppliers in relation to product information);

(c)

Article 6 (other obligations of suppliers and dealers) insofar as it relates to obligations placed on suppliers;

(d)

Article 9(1) and (4) (procedure at national level for dealing with products presenting a risk) insofar as it relates to obligations placed on suppliers;

(e)

F5Article 11B (duties placed on suppliers and dealers where labels are rescaled) insofar as it relates to obligations placed on suppliers;

(f)

Article 12(5) and (6) (product database);

(g)

Article 20(3) (repeal and transitional measures); and

(h)

RAMS.

(3)

Each of these is referred to as a “market surveillance authority”.

F6(4)

The Secretary of State may delegate to the Director of Public Prosecutions functions in relation to the prosecution of an offence under these Regulations.

Annotations

Textual amendments

F1: Reg. 4(1) substituted (29.3.2018) by The Energy Information (Amendment) Regulations 2018 (S.I. 2018/255), regs. 1, 5(1)
F2: Words in reg. 4(1)(d) substituted (E.W.S.) (31.12.2020) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 3 para. 4(2); 2020 c. 1, Sch. 5 para. 1(1)
F3: Reg. 4(2) substituted (29.3.2018) by The Energy Information (Amendment) Regulations 2018 (S.I. 2018/255), regs. 1, 5(2)
F4: Reg. 4(2)(b) substituted (E.W.S.) (31.12.2020) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 3 para. 4(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F5: Words in reg. 4(2)(e) substituted (E.W.S.) (31.12.2020) by The Ecodesign for Energy-Related Products and Energy Information (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/539), reg. 1(3), Sch. 3 para. 4(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F6: Reg. 4(4) added (E.W.) (24.12.2012) by The Agriculture, Animals, Environment and Food etc. (Miscellaneous Amendments) Order 2012 (S.I. 2012/2897), arts. 1(1), 42

Extent

E1: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only