OpenLegislation

Section 108 EnforcementI1

United Kingdom

(1)

Regulations under this Part may include provision about enforcement.

(2)

The provision that may be made about enforcement includes—

(a)

provision conferring functions on the relevant enforcement authorities;

(b)

provision for the appropriate national authority to—

(i)

direct, in relation to cases of a particular description or a particular case, that any function conferred on a relevant enforcement authority by virtue of the regulations is to be carried out by the appropriate national authority and not by the relevant enforcement authority;

(ii)

take over the conduct of any proceedings from a relevant enforcement authority in respect of an offence under this Part.

(3)

The provision that may be made about enforcement includes—

(a)

provision conferring on a relevant enforcement authority the power to prohibit a person, for a period of up to 6 months, from supplying a product, if the authority has reasonable grounds to suspect that there has been a breach of regulations under this Part in relation to that product;

(b)

provision for the forfeiture of products—

(i)

in England and Wales or Northern Ireland, by court order;

(ii)

in Scotland, by order of a sheriff;

(c)

provision similar or corresponding to section 92 (HMRC seizure powers).

(4)

Provision made by virtue of subsection (3)(a) may include—

(a)

provision for compensation to be payable by a relevant enforcement authority in specified circumstances;

(b)

provision about the resolution of disputes about compensation.

(5)

Regulations under this section may include provision conferring jurisdiction on a court or tribunal, including—

(a)

provision conferring jurisdiction to order a person to reimburse a relevant enforcement authority’s expenditure in specified circumstances;

(b)

provision about appeals.

(6)

In this section—

  • “appropriate national authority” means—

    1. (a)

      in relation to England, the Secretary of State,

    2. (b)

      in relation to Wales, the Welsh Ministers,

    3. (c)

      in relation to Scotland, the Scottish Ministers, and

    4. (d)

      in relation to Northern Ireland, the Department of Health;

  • “relevant enforcement authority” means—

    1. (a)

      in relation to England, a local weights and measures authority,

    2. (b)

      in relation to Wales, a local weights and measures authority,

    3. (c)

      in relation to Scotland, a local weights and measures authority, and

    4. (d)

      in relation to Northern Ireland, a district council;

  • “supplying” includes—

    1. (a)

      agreeing to supply;

    2. (b)

      offering or exposing for supply.

Annotations

Commencement

I1

S. 108 in force at Royal Assent, see s. 176(1)