Regulation 4 Enforcement Authorities
(1)
Subject to paragraph (2), EU Regulation 2016/425, these Regulations and RAMS (in its application to PPE) must be enforced by the market surveillance authority.
(2)
Notwithstanding paragraph (1), the Secretary of State may enforce EU Regulation 2016/425, these Regulations and RAMS (in its application to PPE).
(3)
In Scotland only the Lord Advocate may commence proceedings for an offence under these Regulations.