Consumer Rights Bill (HL Bill 64)

Power to enter premises with warrant

32 (1) A justice of the peace may issue a warrant authorising an officer of an
enforcer to enter premises if satisfied, on written information on oath given
by such an officer, that there are reasonable grounds for believing that—

(a) 5condition A or B is met, and

(b) condition C, D or E is met.

(2) Condition A is that on the premises there are—

(a) products which an officer of the enforcer has power to inspect under
paragraph 25, or

(b) 10documents which an officer of the enforcer could require a person to
produce under paragraph 27.

(3) Condition B is that, on the premises—

(a) in the case of a domestic enforcer, there has been or is about to be a
breach of the enforcer’s legislation,

(b) 15in the case of an EU enforcer, there has been or is about to be a
Community infringement as defined in section 212 of the Enterprise
Act 2002, or

(c) in the case of an EU enforcer, there has been a failure to comply with
a measure specified in paragraph 20(3)(b), (c) or (d).

(4) 20Condition C is that—

(a) access to the premises has been or is likely to be refused, and

(b) notice of the enforcer’s intention to apply for a warrant under this
paragraph has been given to the occupier of the premises.

(5) Condition D is that it is likely that products or documents on the premises
25would be concealed or interfered with if notice of entry on the premises were
given to the occupier of the premises.

(6) Condition E is that—

(a) the premises are unoccupied, or

(b) the occupier of the premises is absent, and it might defeat the
30purpose of the entry to wait for the occupier’s return.

(7) In the application of this paragraph to Scotland—

(a) the reference in sub-paragraph (1) to a justice of the peace is to be
read as a reference to a sheriff, and

(b) the reference in that sub-paragraph to information on oath is to be
35read as a reference to evidence on oath.

(8) In the application of this paragraph to Northern Ireland—

(a) the reference in sub-paragraph (1) to a justice of the peace is to be
read as a reference to a lay magistrate, and

(b) the reference in that sub-paragraph to written information is to be
40read as a reference to a written complaint.

Entry to premises under warrant

33 (1) A warrant under paragraph 32 authorises an officer of the enforcer to enter
the premises at any reasonable time, using reasonable force if necessary.

(2) A warrant under that paragraph ceases to have effect at the end of the period
of one month beginning with the day it is issued.

(3) An officer entering premises under a warrant under paragraph 32 may be
accompanied by such persons, and may take onto the premises such
5equipment, as the officer thinks necessary.

(4) If the premises are occupied when the officer enters them, the officer must
produce the warrant for inspection to an occupier of the premises.

(5) Sub-paragraph (6) applies if the premises are unoccupied or the occupier is
temporarily absent.

(6) 10On leaving the premises the officer must—

(a) leave a notice on the premises stating that the premises have been
entered under a warrant under paragraph 32, and

(b) leave the premises as effectively secured against trespassers as the
officer found them.

15Power to require assistance from person on premises

34 (1) If an officer of an enforcer has entered premises under the power in
paragraph 23(1) or under a warrant under paragraph 32, the officer may
require any person on the premises to provide such assistance or
information as the officer reasonably considers necessary.

(2) 20Sub-paragraph (3) applies if an officer of a domestic enforcer has entered
premises under the power in paragraph 23(1) or under a warrant under
paragraph 32 for the purposes of the enforcement of—

(a) the Weights and Measures (Packaged Goods) Regulations 2006 (SI
2006/659), or

(b) 25the 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
packer and of any importer of a package which the officer finds on the
30premises.

(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
regulation 2), in the case of a domestic enforcer in Great Britain, or

(b) 35the 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 In this Part of this Schedule—

• 40“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;

• “product” means—

  (a)

  45goods,

  Consumer Rights BillPage 92

  (b)

  a service,

  (c)

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

  (d)

  immovable property, or

  (e)

  rights or obligations.

5Part 5 Provisions supplementary to Parts 3 and 4

Offence of obstruction

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

(a) intentionally obstructs an enforcer or an officer of an enforcer who is
10exercising 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
Schedule, or

(c) 15without 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
Schedule.

(2) 20A 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
25material 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) Nothing in this paragraph requires a person to answer any question or give
any information if to do so might incriminate that person.

30Offence 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) A 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) 35If 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
by magistrates’ court) applies in relation to the offence in this
paragraph as if it were a relevant offence (as defined in section 85(3)
40of that Act), and

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

Access 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
5enforcer by a person who had custody or control of it immediately before it
was 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,
10the enforcer must—

(a) allow 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
15photograph or copy must be supplied to the person who made the request
within 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
20which it was seized.

(6) An 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
25thing immediately before it was seized include a representative of such a
person.

Notice of testing of goods

39 (1) Sub-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
30result—

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

(b) a notice is served by the enforcer preventing a person from doing any
thing.

(2) 35Sub-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) The enforcer must allow a relevant person to have the goods tested if it is
reasonably practicable to do so.

(5) 40In 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) the 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) 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) The 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 78

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 (1A) insert—

“(1B) 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))