Consumer Rights Bill (HC Bill 161)

(b) the Weights and Measures (Packaged Goods) Regulations (Northern
Ireland) 2011 (SR 2011/331SR 2011/331).

(3) The officer may, in particular, require any person on the premises to provide
such information as the person possesses about the name and address of the
5packer and of any importer of a package which the officer finds on the
premises.

(4) In sub-paragraph (3) “importer”, “package” and “packer” have the same
meaning as in—

(a) the Weights and Measures (Packaged Goods) Regulations 2006 (see
10regulation 2), in the case of a domestic enforcer in Great Britain, or

(b) the Weights and Measures (Packaged Goods) Regulations (Northern
Ireland) 2011 (see regulation 2), in the case of a domestic enforcer in
Northern Ireland.

Definitions for purposes of this Part

35 15In this Part of this Schedule—

• “goods” has the meaning given by section 2(8);

• “occupier”, in relation to premises, means any person an officer of an
  enforcer reasonably suspects to be the occupier of the premises;

• “premises” includes any stall, vehicle, vessel or aircraft;

• 20“product” means—

  (a)

  goods,

  (b)

  a service,

  (c)

  digital content, as defined in section 2(9),

  (d)

  immovable property, or

  (e)

  25rights or obligations.

Part 5 Provisions supplementary to Parts 3 and 4

Offence of obstruction

36 (1) A person commits an offence if the person—

(a) 30intentionally obstructs an enforcer or an officer of an enforcer who is
exercising or seeking to exercise a power under Part 4 of this
Schedule in accordance with that Part,

(b) intentionally fails to comply with a requirement properly imposed
by an enforcer or an officer of an enforcer under Part 4 of this
35Schedule, or

(c) without reasonable cause fails to give an enforcer or an officer of an
enforcer any other assistance or information which the enforcer or
officer reasonably requires of the person for a purpose for which the
enforcer or officer may exercise a power under Part 4 of this
40Schedule.

(2) A person commits an offence if, in giving information of a kind referred to
in sub-paragraph (1)(c), the person—

(a) makes a statement which the person knows is false or misleading in
a material respect, or

(b) recklessly makes a statement which is false or misleading in a
material respect.

(3) A person who is guilty of an offence under sub-paragraph (1) or (2) is liable
on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) 5Nothing in this paragraph requires a person to answer any question or give
any information if to do so might incriminate that person.

Offence of purporting to act as officer

37 (1) A person who is not an officer of an enforcer commits an offence if the
person purports to act as such under Part 3 or 4 of this Schedule.

(2) 10A person who is guilty of an offence under sub-paragraph (1) is liable on
summary conviction to a fine not exceeding level 5 on the standard scale.

(3) If section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders
Act 2012 comes into force on or before the day on which this Act is passed—

(a) section 85 of that Act (removal of limit on certain fines on conviction
15by magistrates’ court) applies in relation to the offence in this
paragraph as if it were a relevant offence (as defined in section 85(3)
of that Act), and

(b) regulations described in section 85(11) of that Act may amend or
otherwise modify sub-paragraph (2).

20Access to seized goods and documents

38 (1) This paragraph applies where anything seized by an officer of an enforcer
under Part 4 of this Schedule is detained by the enforcer.

(2) If a request for permission to be granted access to that thing is made to the
enforcer by a person who had custody or control of it immediately before it
25was seized, the enforcer must allow that person access to it under the
supervision of an officer of the enforcer.

(3) If a request for a photograph or copy of that thing is made to the enforcer by
a person who had custody or control of it immediately before it was seized,
the enforcer must—

(a) 30allow that person access to it under the supervision of an officer of
the enforcer for the purpose of photographing or copying it, or

(b) photograph or copy it, or cause it to be photographed or copied.

(4) Where anything is photographed or copied under sub-paragraph (3), the
photograph or copy must be supplied to the person who made the request
35within a reasonable time from the making of the request.

(5) This paragraph does not require access to be granted to, or a photograph or
copy to be supplied of, anything if the enforcer has reasonable grounds for
believing that to do so would prejudice the investigation for the purposes of
which it was seized.

(6) 40An enforcer may recover the reasonable costs of complying with a request
under this paragraph from the person by whom or on whose behalf it was
made.

(7) References in this paragraph to a person who had custody or control of a
thing immediately before it was seized include a representative of such a
person.

Notice of testing of goods

39 (1) 5Sub-paragraphs (3) and (4) apply where goods purchased by an officer of a
domestic enforcer under paragraph 21 are submitted to a test and as a
result—

(a) proceedings are brought for a breach of, or under, the enforcer’s
legislation or for the forfeiture of the goods under that legislation, or

(b) 10a notice is served under the enforcer’s legislation preventing a
person from doing any thing.

(2) Sub-paragraphs (3) and (4) also apply where goods seized by an officer of a
domestic enforcer under paragraph 28 are submitted to a test.

(3) The enforcer must inform the relevant person of the results of the test.

(4) 15The enforcer must allow a relevant person to have the goods tested if it is
reasonably practicable to do so.

(5) In sub-paragraph (3) “relevant person” means the person from whom the
goods were purchased or seized or, where the goods were purchased or
seized from a vending machine—

(a) 20the person whose name and address are on the vending machine as
the owner of the machine, or

(b) if there is no such name and address on the machine, the occupier of
the premises on which the machine stands or to which it is fixed.

(6) In sub-paragraph (4) “relevant person” means—

(a) 25a person within sub-paragraph (5),

(b) in a case within sub-paragraph (1)(a), a person who is a party to the
proceedings, and

(c) in a case within sub-paragraph (1)(b), a person with an interest in the
goods.

30Appeals against detention of goods and documents

40 (1) This paragraph applies where goods or documents are being detained as the
result of the exercise of a power in Part 4 of this Schedule.

(2) A person with an interest in the goods or documents may apply for an order
requiring them to be released to that or another person.

(3) 35An application under this paragraph may be made in England and Wales or
Northern Ireland—

(a) to any magistrates’ court in which proceedings have been brought
for an offence as the result of the investigation in the course of which
the goods or documents were seized,

(b) 40to any magistrates’ court in which proceedings have been brought
for the forfeiture of the goods or documents or (in the case of seized
documents) any goods to which the documents relate, or

(c) if no proceedings within paragraph (a) or (b) have been brought, by
way of complaint to a magistrates’ court.

(4) An application under this paragraph may be made in Scotland by summary
application to the sheriff.

(5) On an application under this section, the court or sheriff may make an order
requiring goods to be released only if satisfied that condition A or B is met.

(6) 5Condition A is that—

(a) no proceedings have been brought—

(i) for an offence as the result of the investigation in the course
of which the goods or documents were seized, or

(ii) for the forfeiture of the goods or documents or (in the case of
10seized documents) any goods to which the documents relate,
and

(b) the period of 6 months beginning with the date the goods or
documents were seized has expired.

(7) Condition B is that—

(a) 15proceedings of a kind mentioned in sub-paragraph (6)(a) have been
brought, and

(b) those proceedings have been concluded without the goods or
documents being forfeited.

(8) A person aggrieved by an order made under this paragraph by a
20magistrates’ court, or by the decision of a magistrates’ court not to make
such an order, may appeal against the order or decision—

(a) in England and Wales, to the Crown Court;

(b) in Northern Ireland, to a county court.

(9) An order made under this paragraph by a magistrates’ court may contain
25such provision as the court thinks appropriate for delaying its coming into
force pending the making and determination of any appeal.

(10) In sub-paragraph (9) “appeal” includes an application under section 111 of
the Magistrates’ Courts Act 1980 or Article 146 of the Magistrates’ Courts
(Northern Ireland) Order 1981 (SI 1981/1675 (NI 26)SI 1981/1675 (NI 26)) (statements of case).

30Compensation

41 (1) This paragraph applies where an officer of an enforcer has seized and
detained goods under Part 4 of this Schedule for a purpose within paragraph
19(5)(a) or 20(5)(a).

(2) An enforcer must pay compensation to any person with an interest in the
35goods in respect of any loss or damage caused by the seizure and detention,
if the condition in sub-paragraph (3) or (4) that is relevant to the enforcer is
met.

(3) The condition that is relevant to a domestic enforcer is that—

(a) the goods have not disclosed a breach of the enforcer’s legislation,
40and

(b) the power to seize and detain the goods was not exercised as a result
of any neglect or default of the person seeking the compensation.

(4) The condition that is relevant to an EU enforcer is that—

(a) the goods have not disclosed a Community infringement or a failure
to comply with a measure specified in paragraph 20(3)(b), (c) or (d),
and

(b) the power to seize and detain the goods was not exercised as a result
5of any neglect or default of the person seeking the compensation.

(5) Any dispute about the right to or amount of any compensation payable
under this paragraph is to be determined—

(a) in England and Wales or Northern Ireland, by arbitration, or

(b) in Scotland, by a single arbitrator appointed by the parties or, if there
10is no agreement between the parties as to that appointment, by the
sheriff.

Meaning of “goods” in this Part

42 In this Part of this Schedule “goods” does not include a document.

Part 6 15exercise of enforcement functions by area enforcers

Interpretation of this Part

43 In this Part, “area enforcer” means—

(a) a local weights and measures authority in Great Britain,

(b) a district council in England, or

(c) 20a district council in Northern Ireland.

Investigatory powers

44 (1) Sub-paragraphs (3) to (6) apply in relation to an area enforcer’s exercise, in
accordance with this Schedule, of a power in Part 3 or 4 of this Schedule.

(2) Sub-paragraphs (3) to (6) also apply in relation to an area enforcer’s exercise
25of an investigatory power—

(a) conferred by legislation which, by virtue of a provision listed in
paragraph 10 of this Schedule, the area enforcer has a duty or power
to enforce, or conferred by legislation under which such legislation is
made, or

(b) 30conferred by legislation listed in the second column of the table in
paragraph 11 of this Schedule,

for the purpose of ascertaining whether there has been a breach of that
legislation or of any notice issued by the area enforcer under that legislation.

(3) A local weights and measures authority in England or Wales may exercise
35the power in a part of England or Wales which is outside that authority’s
area.

(4) A local weights and measures authority in Scotland may exercise the power
in a part of Scotland which is outside that authority’s area.

(5) A district council in England may exercise the power in a part of England
40which is outside that council’s district.

(6) A district council in Northern Ireland may exercise the power in a part of
Northern Ireland which is outside that council’s district.

Civil proceedings

45 (1) Sub-paragraphs (4) to (7) apply in relation to civil proceedings which may
be brought by an area enforcer under—

(a) Part 8 of the Enterprise Act 2002,

(b) 5Schedule 3 to this Act,

(c) legislation which, by virtue of a provision listed in paragraph 10 of
this Schedule, the area enforcer has a duty or power to enforce, or

(d) legislation listed in the second column of the table in paragraph 11 of
this Schedule.

(2) 10Sub-paragraphs (4) to (7) also apply in relation to an application for
forfeiture which may be made by an area enforcer in circumstances where
there are no related criminal proceedings—

(a) under section 16 of the Consumer Protection Act 1987, or

(b) under legislation which, by virtue of a provision listed in paragraph
1510 of this Schedule, the area enforcer has a duty or power to enforce.

(3) In sub-paragraphs (4), (5), (6) and (7), the reference to civil proceedings
includes a reference to an application mentioned in sub-paragraph (2).

(4) A local weights and measures authority in England or Wales may bring civil
proceedings in respect of conduct in a part of England or Wales which is
20outside that authority’s area.

(5) A local weights and measures authority in Scotland may bring civil
proceedings in respect of conduct in a part of Scotland which is outside that
authority’s area.

(6) A district council in England may bring civil proceedings in respect of
25conduct in a part of England which is outside that council’s district.

(7) A district council in Northern Ireland may bring civil proceedings in respect
of conduct in a part of Northern Ireland which is outside that council’s
district.

Criminal proceedings

46 (1) 30A local weights and measures authority in England or Wales may bring
proceedings for a consumer offence allegedly committed in a part of
England or Wales which is outside that authority’s area.

(2) In sub-paragraph (1) “a consumer offence” means—

(a) an offence under legislation which, by virtue of a provision listed in
35paragraph 10 of this Schedule, a local weights and measures
authority in England or Wales has a duty or power to enforce,

(b) an offence under legislation listed in the second column of the table
in paragraph 11 of this Schedule in relation to which a local weights
and measures authority is listed in the corresponding entry in the
40first column of the table as an enforcer,

(c) an offence originating from an investigation into a breach of
legislation mentioned in paragraph (a) or (b), or

(d) an offence described in paragraph 36 or 37 of this Schedule.

(3) A district council in England may bring proceedings for a consumer offence
allegedly committed in a part of England which is outside that council’s
district.

(4) In sub-paragraph (3) “a consumer offence” means—

(a) 5an offence under legislation which, by virtue of a provision listed in
paragraph 10 of this Schedule, a district council in England has a
duty or power to enforce,

(b) an offence originating from an investigation into a breach of
legislation mentioned in paragraph (a), or

(c) 10an offence described in paragraph 36 or 37 of this Schedule.

(5) A district council in Northern Ireland may bring proceedings for a consumer
offence allegedly committed in a part of Northern Ireland which is outside
that council’s district.

(6) In sub-paragraph (5) “a consumer offence” means—

(a) 15an offence under legislation which, by virtue of a provision listed in
paragraph 10 of this Schedule, a district council in Northern Ireland
has a duty or power to enforce,

(b) an offence originating from an investigation into a breach of
legislation mentioned in paragraph (a), or

(c) 20an offence described in paragraph 36 or 37 of this Schedule.

Section 77

SCHEDULE 6 Investigatory powers: consequential amendments

Trade Descriptions Act 1968 (c. 29)1968 (c. 29)

1 The Trade Descriptions Act 1968 is amended as follows.

2 25In section 26 (enforcing authorities) after subsection (1) insert—

“(1A) For the investigatory powers available to a local weights and
measures authority for the purposes of the duty in subsection (1), see
Schedule 5 to the Consumer Rights Act 2014.”

3 Omit section 27 (power to make test purchases).

4 30Omit section 28 (power to enter premises and inspect and seize goods and
documents).

5 Omit section 29 (obstruction of authorised officers).

6 Omit section 30 (notice of test and intended prosecution).

7 Omit section 33 (compensation for loss, etc of goods seized under section 28).

8 (1) 35Section 40 (provisions as to Northern Ireland) is amended as follows.

(2) In subsection (1), omit paragraph (c).

(3) After subsection (1) insert—

“(1A) For the investigatory powers available to the Department of
Enterprise, Trade and Investment in Northern Ireland for the

purposes of the duty in subsection (1)(b), see Schedule 5 to the
Consumer Rights Act 2014.”

Hallmarking Act 1973 (c. 43)1973 (c. 43)

9 (1) Section 9 of the Hallmarking Act 1973 (enforcement of Act) is amended as
5follows.

(2) After subsection (2) insert—

“(2A) For the investigatory powers available to a local weights and
measures authority, the Council and an assay office for the purposes
of the duty in subsection (1) and the power in subsection (2), see
10Schedule 5 to the Consumer Rights Act 2014.”

(3) Omit subsections (3), (4) and (7).

Prices Act 1974 (c. 24)1974 (c. 24)

10 (1) The Schedule to the Prices Act 1974 (enforcement) is amended as follows.

(2) Omit paragraphs 3, 7, 9 and 10.

(3) 15In paragraph 14(1) omit “and paragraph 10 above shall be omitted”.

(4) After paragraph 14 insert—

“15 For the investigatory powers available to a local weights and
measures authority or the Department of Enterprise, Trade and
Investment in Northern Ireland for the purposes of the duty in
20paragraph 6, see Schedule 5 to the Consumer Rights Act 2014.”

Consumer Credit Act 1974 (c. 39)1974 (c. 39)

11 The Consumer Credit Act 1974 is amended as follows.

12 In section 161 (enforcement authorities), after subsection (1) insert—

“(1A) For the investigatory powers available to a local weights and
25measures authority or the Department of Enterprise, Trade and
Investment in Northern Ireland for the purposes of the duty in
subsection (1), see Schedule 5 to the Consumer Rights Act 2014.”

13 Omit section 162 (powers of entry and inspection).

14 Omit section 163 (compensation for loss).

15 30Omit section 164 (power to make test purchases etc).

16 Omit section 165 (obstruction of authorised officers).

17 In Schedule 1 (prosecution and punishment of offences) omit the entries for
sections 162(6), 165(1) and 165(2).

Estate Agents Act 1979 (c. 38)1979 (c. 38)

18 35The Estate Agents Act 1979 is amended as follows.

19 In section 3(1)(cb) (power to make orders prohibiting unfit persons from
doing estate agency work: failure to comply with section 9(1) or 11(1A)(b))

for “section 9(1) or 11(1A)(b) below” substitute “paragraph 14 or 27 of
Schedule 5 to the Consumer Rights Act 2014”.

20 In section 9 (information for the OFT) omit subsections (1) to (4).

21 Omit section 11 (powers of entry and inspection).

22 5Omit section 11A (failure to produce information).

23 In section 26 (enforcement authorities), after subsection (1) insert—

“(1A) For the investigatory powers available to an authority for the
purposes of the duty in subsection (1), see Schedule 5 to the
Consumer Rights Act 2014.”

24 10Omit section 27 (obstruction and personation of authorised officers).

25 (1) Paragraph 14 of Schedule 2 (applications under sections 6(1) and 8(3)) is
amended as follows.

(2) For “section 9 of this Act” substitute “paragraph 14 of Schedule 5 to the
Consumer Rights Act 2014”.

(3) 15Omit “or the production of documents”.

Video Recordings Act 1984 (c. 39)1984 (c. 39)

26 (1) Section 16A of the Video Recordings Act 1984 (enforcement) is amended as
follows.

(2) Omit subsections (1A), (1B) and (2).

(3) 20In subsection (4)—

(a) for “Subsections (1) and (1A)” substitute “Subsection (1)”, and

(b) omit the words from “For that purpose” to the end of the subsection.

(4) After that subsection insert—

“(3A) For the investigatory powers available to a local weights and
25measures authority or the Department of Enterprise, Trade and
Investment in Northern Ireland for the purposes of the duties in this
section, see Schedule 5 to the Consumer Rights Act 2014.”

(5) Omit subsection (4A).

Weights and Measures Act 1985 (c. 72)1985 (c. 72)

27 30The Weights and Measures Act 1985 is amended as follows.

28 In section 38(2) (special powers of inspectors with respect to certain goods)
for “section 79 below” substitute “Schedule 5 to the Consumer Rights Act
2014”.

29 Omit section 42 (power to make test purchases).

30 35Omit section 79 (general powers of inspection and entry).

31 Before section 80 insert—

“79A Investigatory powers

For the investigatory powers available to a local weights and
measures authority for the purposes of the enforcement of this Act,
5see Schedule 5 to the Consumer Rights Act 2014.”

32 In section 80 omit “or the packaged goods regulations”.

33 In section 81(1)(b) (failure to provide assistance or information) omit “or
under this Part of this Act”.

34 (1) Section 84 (penalties) is amended as follows.

(2) 10In subsection (2), after the entry for section 20(8) insert—

• “section 80;

• section 81(1);

• section 81(2);”.

(3) Omit subsection (5).

35 15In paragraph 21(2) of Schedule 11 (application of provisions applying to
inspectors to persons authorised under the Weights and Measures Act 1963)
omit “and except in section 79(3)”.

Consumer Protection Act 1987 (c. 43)1987 (c. 43)

36 The Consumer Protection Act 1987 is amended as follows.

37 20In section 27 (enforcement) after subsection (3) insert—

“(3A) For the investigatory powers available to a person for the purposes
of the duty imposed by subsection (1), see Schedule 5 to the
Consumer Rights Act 2014 (as well as section 29).”

38 Omit section 28 (test purchases).

39 (1) 25Section 29 (powers of search etc) is amended as follows.

(2) In subsection (1) for “any of the powers conferred by the following
provisions of this section” substitute “the power conferred by subsection
(4)”.

(3) Omit subsections (2), (3), (5) and (6).

(4) 30In subsection (7) omit—

(a) “, (5) or (6)”, and

(b) “or records”.

40 (1) Section 30 (provisions supplemental to section 29) is amended as follows.

(2) In subsection (1)—

(a) 35for “29” substitute “29(4)”, and

(b) omit “or records” in both places.

(3) In subsection (2)(a)(i)—

(a) omit “goods or”, and

(b) for “29” substitute “29(4)”.