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

(b) 5in 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.

Appeals against detention of goods and documents

40 (1) 10This 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) An application under this paragraph may be made in England and Wales or
15Northern 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) to any magistrates’ court in which proceedings have been brought
20for 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
25application 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) Condition A is that—

(a) no proceedings have been brought—

(i) 30for 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
seized documents) any goods to which the documents relate,
and

(b) 35the period of 6 months beginning with the date the goods or
documents were seized has expired.

(7) Condition B is that—

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

(b) 40those proceedings have been concluded without the goods or
documents being forfeited.

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

(a) 45in 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
such provision as the court thinks appropriate for delaying its coming into
force pending the making and determination of any appeal.

(10) 5In 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).

Compensation

41 (1) This paragraph applies where an officer of an enforcer has seized and
10detained 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
goods 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
15met.

(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,
and

(b) the power to seize and detain the goods was not exercised as a result
20of 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) 25the power to seize and detain the goods was not exercised as a result
of 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) 30in Scotland, by a single arbitrator appointed by the parties or, if there
is 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.

35Part 6 Exercise 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) 40a district council in England, or

(c) a 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
5of 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) 10conferred 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
15the 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
20which 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
25be brought by an area enforcer under—

(a) Part 8 of the Enterprise Act 2002,

(b) Schedule 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,

(d) 30legislation under which legislation mentioned in paragraph (c) is
made, or

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

(2) Sub-paragraphs (4) to (7) also apply in relation to an application for
35forfeiture which may be made by an area enforcer, in circumstances where
there are no related criminal proceedings,—

(a) under section 35ZC of the Registered Designs Act 1949,

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

(c) under section 97 of the Trade Marks Act 1994 (including as applied
40by section 11 of the Olympic Symbol etc (Protection) Act 1995), or

(d) under legislation which, by virtue of a provision listed in paragraph
10 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
outside that authority’s area.

(5) A local weights and measures authority in Scotland may bring civil
5proceedings 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
conduct 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
10of conduct in a part of Northern Ireland which is outside that council’s
district.

Criminal proceedings

46 (1) A local weights and measures authority in England or Wales may bring
proceedings for a consumer offence allegedly committed in a part of
15England 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
paragraph 10 of this Schedule, a local weights and measures
authority in England or Wales has a duty or power to enforce,

(b) 20an offence under legislation under which legislation within
paragraph (a) is made,

(c) 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
25first column of the table as an enforcer,

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

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

(3) A district council in England may bring proceedings for a consumer offence
30allegedly committed in a part of England which is outside that council’s
district.

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

(a) an offence under legislation which, by virtue of a provision listed in
paragraph 10 of this Schedule, a district council in England has a
35duty or power to enforce,

(b) an offence under legislation under which legislation within
paragraph (a) is made,

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

(d) 40an 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) an 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 under legislation under which legislation within
5paragraph (a) is made,

(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.

Section 77

SCHEDULE 6 10Investigatory powers: consequential amendments

Registered Designs Act 1949 (c. 88)1949 (c. 88)

1 (1) Section 35ZB of the Registered Designs Act 1949 (enforcement) is amended
as follows.

(2) Omit subsection (1).

(3) 15Before subsection (2) insert—

“(1A) 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 enforcement
of section 35ZA, see Schedule 5 to the Consumer Rights Act 2014.”

20Trade Descriptions Act 1968 (c. 29)1968 (c. 29)

2 The Trade Descriptions Act 1968 is amended as follows.

3 In 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
25Schedule 5 to the Consumer Rights Act 2014.”

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

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

6 Omit section 29 (obstruction of authorised officers).

7 30Omit section 30 (notice of test and intended prosecution).

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

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

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

(3) After subsection (1) insert—

“(1A) 35For 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)

10 (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)

11 (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)

12 The Consumer Credit Act 1974 is amended as follows.

13 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.”

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

15 Omit section 163 (compensation for loss).

16 30Omit section 164 (power to make test purchases etc).

17 Omit section 165 (obstruction of authorised officers).

18 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)

19 35The Estate Agents Act 1979 is amended as follows.

20 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”.

21 In section 9 (information for the lead enforcement authority) omit
subsections (1) to (4).

22 5Omit section 11 (powers of entry and inspection).

23 Omit section 11A (failure to produce information).

24 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
10Consumer Rights Act 2014.”

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

26 (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
15Consumer Rights Act 2014”.

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

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

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

(2) 20Omit subsections (1A), (1B) and (2).

(3) In 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) 25For 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 duties in this
section, see Schedule 5 to the Consumer Rights Act 2014.”

(5) Omit subsection (4A).

30Weights and Measures Act 1985 (c. 72)1985 (c. 72)

28 The Weights and Measures Act 1985 is amended as follows.

29 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”.

30 35Omit section 42 (power to make test purchases).

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

32 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.”

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

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

35 (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).

36 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)

37 The Consumer Protection Act 1987 is amended as follows.

38 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).”

39 Omit section 28 (test purchases).

40 (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”.

41 (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)”.

(4) In subsection (3) omit “section 29 above or”.

(5) In each of subsections (5), (6) and (7) for “29” substitute “29(4)”.

42 In section 31(1) (power of customs officer to detain goods) for “or under this
Part” substitute “section 29(4) of this Act or Schedule 5 to the Consumer
5Rights Act 2014”.

43 In section 32(1) (obstruction of authorised officer)—

(a) in paragraph (a)—

(i) for “any provision of this Part” substitute “section 29(4)”, and

(ii) for “so acting” substitute “acting in pursuance of section 31”,

(b) 10in paragraph (b) for “any provision of this Part” substitute “section
29(4)”, and

(c) in paragraph (c) for “any provision of this Part” substitute “section
29(4)”.

44 In section 33(1) (appeals against detention of goods) for “any provision of
15this Part” substitute “section 29(4)”.

45 In section 34(1) (compensation for seizure and detention) for “29” substitute
“29(4)”.

46 In section 44(4) (service of documents)—

(a) omit “28(2) or”, and

(b) 20omit “purchased or” in each place.

Education Reform Act 1988 (c. 40)1988 (c. 40)

47 (1) Section 215 of the Education Reform Act 1988 (unrecognised degrees:
enforcement) is amended as follows.

(2) After that section insert—

“(1A) 25For the investigatory powers available to a local weights and
measures authority for the purposes of the duty to enforce imposed
by subsection (1), see Schedule 5 to the Consumer Rights Act 2014.”

(3) Omit subsections (2) to (8).

Copyright, Designs and Patents Act 1988 (c. 48)1988 (c. 48)

48 30The Copyright, Designs and Patents Act 1988 is amended as follows.

49 (1) Section 107A (enforcement of section 107 by local weights and measures
authority) is amended as follows.

(2) Omit subsection (2).

(3) In subsection (3) omit the words from “For that purpose” to the end of the
35subsection.

(4) After that subsection insert—

“(3A) 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 duties in this
40section, see Schedule 5 to the Consumer Rights Act 2014.”

50 (1) Section 198A (enforcement of section 198 by local weights and measures
authority) is amended as follows.

(2) Omit subsection (2).

(3) In subsection (3) omit the words from “For that purpose” to the end of the
5subsection.

(4) After that subsection insert—

“(3A) 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 duties in this
10section, see Schedule 5 to the Consumer Rights Act 2014.”

Clean Air Act 1993 (c. 11)1993 (c. 11)

51 The Clean Air Act 1993 is amended as follows.

52 (1) Section 30 (regulations about motor fuel) is amended as follows.

(2) Omit subsection (5).

(3) 15Before subsection (6) insert—

“(5A) For the investigatory powers available to a local weights and
measures authority for the purposes of the duty in subsection (4), see
Schedule 5 to the Consumer Rights Act 2014.”

(4) Omit subsection (8).

(5) 20Before subsection (9) insert—

“(8A) For the investigatory powers available to the Department of
Enterprise, Trade and Investment in Northern Ireland for the
purposes of the duty in subsection (7), see Schedule 5 to the
Consumer Rights Act 2014.”

53 25In section 31 (regulations about sulphur content of oil fuel for furnaces or
engines) after subsection (4) insert—

“(4A) For the investigatory powers available to a local authority for the
purposes of the duty in subsection (4)(a), see Schedule 5 to the
Consumer Rights Act 2014.”

54 30In section 32(4) (powers of entry not to apply in relation to persons in the
public service of the Crown) for “sections 56 to 58 (rights of entry and
inspection and other local authority powers)” substitute “Schedule 5 to the
Consumer Rights Act 2014 (investigatory powers)”.

55 In section 49(1) (unjustified disclosures of information) after “this Act” insert
35“or in the exercise of a power in Schedule 5 to the Consumer Rights Act 2014
for the purposes of the duty in section 30(4) or (7) or 31(4)(a) of this Act”.

56 In section 56 (rights of entry and inspection etc) after subsection (6) insert—

“(7) This section does not apply in relation to—

(a) a function conferred on a local authority by Part 4, or

(b) 40a provision of an instrument made under that Part.”

57 In section 58(1) (power of local authorities to obtain information)—