SCHEDULES

Section 77

SCHEDULE 5U.K.Investigatory powers etc.

PART 1U.K.Basic concepts

OverviewU.K.

1(1)This Schedule confers investigatory powers on enforcers and specifies the purposes for which and the circumstances in which those powers may be exercised.U.K.

(2)Part 1 of this Schedule contains interpretation provisions; in particular paragraphs 2 to 6 explain what is meant by an “enforcer”.

(3)Part 2 of this Schedule explains what is meant by “the enforcer's legislation”.

(4)Part 3 of this Schedule contains powers in relation to the production of information; paragraph 13 sets out which enforcers may exercise those powers, and the purposes for which they may do so.

(5)Part 4 of this Schedule contains further powers; paragraphs 19 and 20 set out which enforcers may exercise those powers, and the purposes for which they may do so.

(6)Part 5 of this Schedule contains provisions that are supplementary to the powers in Parts 3 and 4 of this Schedule.

(7)Part 6 of this Schedule makes provision about the exercise of functions by certain enforcers outside their area or district and the bringing of proceedings in relation to conduct outside an enforcer's area or district.

EnforcersU.K.

2(1)In this Schedule “enforcer” means—U.K.

(a)a domestic enforcer,

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a public designated enforcer, or

(d)an unfair contract terms enforcer.

(2)But in Part 4 and paragraphs 38 and 41 of this Schedule “enforcer” means—

(a)a domestic enforcer, or

[F2(b)an authorised enforcer for the purposes of that Part (see paragraph 20(7)).]

(3)In paragraphs 13, 19 and 20 of this Schedule, a reference to an enforcer exercising a power includes a reference to an officer of the enforcer exercising that power.

Domestic enforcersU.K.

3(1)In this Schedule “domestic enforcer” means—U.K.

(a)the Competition and Markets Authority,

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

(c)a district council in England,

(d)the Department of Enterprise, Trade and Investment in Northern Ireland,

(e)a district council in Northern Ireland,

(f)the Secretary of State,

(g)the Gas and Electricity Markets Authority,

[F3(ga)the Department for Infrastructure in Northern Ireland,

(gb)the Utility Regulator in Northern Ireland,]

[F4(gc)the Civil Aviation Authority, for the purposes of the Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634),]

(h)the British Hallmarking Council,

(i)an assay office within the meaning of the Hallmarking Act 1973, or

(j)any other person to whom the duty in subsection (1) of section 27 of the Consumer Protection Act 1987 (duty to enforce safety provisions) applies by virtue of regulations under subsection (2) of that section.

(2)But the Gas and Electricity Markets Authority is not a domestic enforcer for the purposes of Part 4 of this Schedule.

(3)The reference to the Department of Enterprise, Trade and Investment in Northern Ireland includes a person with whom the Department has made arrangements, under [regulation 61(1) and (2) of the Lifts Regulations 2016 (SI 2016/1093)] for enforcement of those regulations.

F5... U.K.

F54.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public designated enforcersU.K.

5U.K.In this Schedule “public designated enforcer” means a person or body [F6which is a public designated enforcer for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 (see section 151(1) of that Act), but for this purpose does not include—

(a)the Competition and Markets Authority,

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

(c)the Department for the Economy in Northern Ireland.]

Unfair contract terms enforcerU.K.

6U.K.In this Schedule “unfair contract terms enforcer” means a person or body which—

(a)is for the time being listed in paragraph 8(1) of Schedule 3 (persons or bodies that may enforce provisions about unfair contract terms), and

(b)is a public authority within the meaning of section 6 of the Human Rights Act 1998.

OfficersU.K.

7(1)In this Schedule “officer”, in relation to an enforcer, means—U.K.

(a)an inspector appointed by the enforcer to exercise powers under this Schedule, or authorised to do so,

(b)an officer of the enforcer appointed by the enforcer to exercise powers under this Schedule, or authorised to do so,

(c)an employee of the enforcer (other than an inspector or officer) appointed by the enforcer to exercise powers under this Schedule, or authorised to do so, or

(d)a person (other than an inspector, officer or employee of the enforcer) authorised by the enforcer to exercise powers under this Schedule.

(2)But references in this Schedule to an officer in relation to a particular power only cover a person within sub-paragraph (1) if and to the extent that the person has been appointed or authorised to exercise that power.

(3)A person who, immediately before the coming into force of this Schedule, was appointed or authorised to exercise a power replaced by a power in this Schedule is to be treated as having been appointed or authorised to exercise the new power.

(4)In this paragraph “employee”, in relation to the Secretary of State, means a person employed in the civil service of the State.

Interpretation of other termsU.K.

8U.K.In this Schedule—

• F7...

• “document” includes information recorded in any form;

• “enforcement order” means an order under [F8section 156 of the Digital Markets, Competition and Consumers Act 2024];

• [F9“final enforcement notice” means a notice under paragraph 16C(2) of this Schedule;]

• [F10“firm” means any entity, whether or not a legal person, that is not an individual and includes a body corporate, a corporation sole and a partnership or other unincorporated association;]

• “interim enforcement order” means an order under [F11section 159] of that Act;

• [F12“interim online interface order” means an order under [F13section 162] of that Act;

• “online interface order” means an order under [F14section 161] of that Act;]

• [F15“Regulation (EU) 2017/745 on medical devices” means Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No 1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC.]

• [F16“Regulation (EU) 2017/746 on in vitro diagnostic medical devices” means Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU;]

• [F17“the Regulation on Accreditation and Market Surveillance” means Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93.]

• [F17“the Market Surveillance Regulation” means Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011];

• [F9“relevant notice” has the same meaning as in section 202(9) of the Digital Markets, Competition and Consumers Act 2024.]

PART 2U.K.The enforcer's legislation

Enforcer's legislationU.K.

9(1)In this Schedule “the enforcer's legislation”, in relation to a domestic enforcer, means—U.K.

(a)legislation or notices which, by virtue of a provision listed in paragraph 10, the domestic enforcer has a duty or power to enforce, and

(b)where the domestic enforcer is listed in an entry in the first column of the table in paragraph 11, the legislation listed in the corresponding entry in the second column of that table.

(2)References in this Schedule to a breach of or compliance with the enforcer's legislation include a breach of or compliance with a notice issued under—

(a)the enforcer's legislation, or

(b)legislation under which the enforcer's legislation is made.

F18(3)References in this Schedule to a breach of or compliance with the enforcer's legislation are to be read, in relation to the [F19Lifts Regulations 2016 (SI 2016/1093)] , as references to a breach of or compliance with the Regulations as they apply to [F20lifts for private use and consumption and safety components for such lifts] .

Enforcer's legislation: duties and powers mentioned in paragraph 9(1)(a)U.K.

10U.K.The duties and powers mentioned in paragraph 9(1)(a) are those arising under any of the following provisions—

• section 26(1) or 40(1)(b) of the Trade Descriptions Act 1968 (including as applied by regulation 8(3) of the Crystal Glass (Descriptions) Regulations 1973 (SI 1973/1952) and regulation 10(2) of the Footwear (Indication of Composition) Labelling Regulations 1995 (SI 1995/2489));

• section 9(1) or (6) of the Hallmarking Act 1973;

• paragraph 6 of the Schedule to the Prices Act 1974 (including as read with paragraph 14(1) of that Schedule);

• section 161(1) of the Consumer Credit Act 1974;

• section 26(1) of the Estate Agents Act 1979;

• Article 39 of the Weights and Measures (Northern Ireland) Order 1981 (SI 1981/231 (NI 10));

• section 16A(1) or (4) of the Video Recordings Act 1984;

• section 27(1) of the Consumer Protection Act 1987 (including as applied by section 12(1) of the Fireworks Act 2003 to fireworks regulations under that Act [F21and by regulation 18 of the Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2015/829) to those Regulations]);

• section 215(1) of the Education Reform Act 1988;

• section 107A(1) or (3) or 198A(1) or (3) of the Copyright, Designs and Patents Act 1988;

• F22...

• section 30(4) or (7) or 31(4)(a) of the Clean Air Act 1993;

• paragraph 1 of Schedule 2 to the Sunday Trading Act 1994;

• section 93(1) or (3) of the Trade Marks Act 1994;

• section 8A(1) or (3) of the Olympic Symbol etc (Protection) Act 1995;

• F23...

• F24...

• regulation 5C(5) of the Motor Fuel (Composition and Content) Regulations 1999 (SI 1999/3107);

• F25...

• [F26regulation 61 of the Medical Devices Regulations 2002 (S.I. 2002/618)]

• paragraph 1(a) of Schedule 10 to the Personal Protective Equipment Regulations 2002 (SI 2002/1144) [F27so far as that paragraph remains in force by virtue of regulation 2(6) of the Personal Protective Equipment (Enforcement) Regulations 2018 (S.I. 2018/390)];

• F28...

• section 3(1) of the Christmas Day Trading Act 2004;

• [F29the General Product Safety Regulations 2005 (S.I. 2005/1803), if they are duties and powers of an enforcement authority (within the meaning of regulation 2 of those Regulations)]);

• regulation 10(1) of the Weights and Measures (Packaged Goods) Regulations 2006 (SI 2006/659);

• F30...

• F31...

• F32...

• F33...

• F34...

• F35...

• F36...

• F37...

• F38...

• F39...

• F40...

• regulation 13(1) or (1A) of the Business Protection from Misleading Marketing Regulations 2008 (SI 2008/1276);

• F41...

• paragraph 2 or 5 of Schedule 5 to the Supply of Machinery (Safety) Regulations 2008 (SI 2008/1597);

• [F42section A11(7)(a) of the Apprenticeships, Skills, Children and Learning Act 2009;]

• regulation 32(2) or (3) of the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 (SI 2010/2960);

• regulation 10(1) of the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 (SR 2011/331);

• regulation 11 of the Textile Products (Labelling and Fibre Composition) Regulations 2012 (SI 2012/1102);

• regulation 6(1) of the Cosmetic Products Enforcement Regulations 2013 (SI 2013/1478);

• section 87(1) of this Act;

• section 93(1) [F43, (2) or (2A)] of this Act;

• [F44regulation 7(1) of the Packaging (Essential Requirements) Regulations 2015;]

• [F45regulation 53 of the Tobacco and Related Products Regulations 2016 (S.I. 2016/507);]

• [F46regulation 52(1)(a)(ii) or (b)(ii) of the Electromagnetic Compatibility Regulations 2016 (S.I. 2016/1091);]

• [F47regulation 55(1) or (2) of the Simple Pressure Vessels (Safety) Regulations 2016 (S.I. 2016/1092);]

• [F48regulation 61(1) or (2) of the Lifts Regulations 2016 (S.I. 2016/1093);]

• [F49regulation 41(1) or (2) of the Electrical Equipment (Safety) Regulations 2016 (S.I. 2016/1101);]

• [F50regulation 67(1) or (2) of the Pressure Equipment (Safety) Regulations 2016 (S.I. 2016/1105);]

• [F51regulation 62 of the Non-automatic Weighing Instruments Regulations 2016 (S.I. 2016/1152);]

• [F52[F53regulation 67] of the Measuring Instruments Regulations 2016 (S.I. 2016/1153);]

• [F54regulation 66(1) or (2) of the Recreational Craft Regulations 2017 (S.I. 2017/737);]

• [F55regulation 56(1)(a)(ii) or (b)(ii) or (2) of the Radio Equipment Regulations 2017 (S.I. 2017/1206);]

• [F56regulation 4(1) and (2) of the Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 2018/389);]

• [F56regulation 4(1) and (2) of the Personal Protective Equipment (Enforcement) Regulations 2018 (S.I. 2018/390);]

• [F57regulation 31 of the Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634)];

• [F58section 64 of the Offensive Weapons Act 2019;]

• [F59section 6 of the Tenant Fees Act 2019;]

• [F60section 7 of the Tenant Fees Act 2019;]

• [F61section 26 of the Tenant Fees Act 2019]

• [F62section 20(1) and (3) of the Birmingham Commonwealth Games Act 2020;]

• [F63regulation 26 of the Medical Devices (Northern Ireland Protocol) Regulations 2021;]

• [F64section 4 of the Botulinum Toxin and Cosmetic Fillers (Children) Act 2021;]

• [F65section 8 of the Leasehold Reform (Ground Rent) Act 2022;]

• [F66section 26(1) of the Product Security and Telecommunications Infrastructure Act 2022;]

• [F67section 4(1) of the Animals (Low-Welfare Activities Abroad) Act 2023;]

• [F68section 3 of the Equipment Theft (Prevention) Act 2023;]

• [F69section 231(1), (2) or (3) of the Digital Markets, Competition and Consumers Act 2024.]

Enforcer's legislation: legislation mentioned in paragraph 9(1)(b)U.K.

11U.K.Here is the table mentioned in paragraph 9(1)(b)—

Powers to amend paragraph 10 or 11U.K.

12(1)The Secretary of State may by order made by statutory instrument—U.K.

(a)amend paragraph 10 or the table in paragraph 11 by adding, modifying or removing any entry in it;

(b)in consequence of provision made under paragraph (a), amend, repeal or revoke any other legislation (including this Act) whenever passed or made.

(2)The Secretary of State may not make an order under this paragraph that has the effect that a power of entry, or an associated power, contained in legislation other than this Act is replaced by a power of entry, or an associated power, contained in this Schedule unless the Secretary of State thinks that the condition in sub-paragraph (3) is met.

(3)That condition is that, on and after the changes made by the order, the safeguards applicable to the new power, taken together, provide a greater level of protection than any safeguards applicable to the old power.

(4)In sub-paragraph (2) “power of entry” and “associated power” have the meanings given by section 46 of the Protection of Freedoms Act 2012.

(5)An order under this paragraph may contain transitional or transitory provision or savings.

(6)A statutory instrument containing an order under this paragraph that amends or repeals primary legislation may not be made unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(7)Any other statutory instrument containing an order under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

(8)In this paragraph “primary legislation” means—

(a)an Act of Parliament,

(b)an Act of the Scottish Parliament,

(c)an Act or Measure of the National Assembly for Wales, or

(d)Northern Ireland legislation.

PART 3U.K.Powers in relation to the production of information

Exercise of powers in this PartU.K.

13(1)An enforcer of a kind mentioned in this paragraph may exercise a power in this Part of this Schedule only for the purposes and in the circumstances mentioned in this paragraph in relation to that kind of enforcer.U.K.

(2)The Competition and Markets Authority may exercise the powers in this Part of this Schedule for any of the following purposes—

(a)to enable the Authority to exercise or to consider whether to exercise any function it has under [F75Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024];

(b)to enable a private designated enforcer to consider whether to exercise any function it has under [F76Chapter 3 of] that Part;

F77(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)to ascertain whether a person has complied with or is complying with [F78an enforcement order, an interim enforcement order, an online interface order or an interim online interface order];

(e)to ascertain whether a person has complied with or is complying with an undertaking given under [F79Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024];

[F80(f)to ascertain whether a person has complied with or is complying with a relevant notice or with directions in a final enforcement notice.]

(3)A public designated enforcer, a local weights and measures authority in Great [F81Britain or] the Department of Enterprise, Trade and Investment in Northern Ireland F82... may exercise the powers in this Part of this Schedule for any of the following purposes—

(a)to enable that enforcer to exercise or to consider whether to exercise any function it has under [F83Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024];

(b)to ascertain whether a person has complied with or is complying with an enforcement order [F84, an interim enforcement order, an online interface order or an interim online interface order] made on the application of that enforcer;

(c)to ascertain whether a person has complied with or is complying with an undertaking given under [F85section 156(2)(b) or section 159(2)(b) of the Digital Markets, Competition and Consumers Act 2024] following such an application;

(d)to ascertain whether a person has complied with or is complying with an undertaking given to that enforcer under [F86section 163] of that Act.

(4)A domestic enforcer may exercise the powers in this Part of this Schedule for the purpose of ascertaining whether there has been a breach of the enforcer's legislation.

(5)But a domestic enforcer may not exercise the power in paragraph 14 (power to require the production of information) for the purpose in sub-paragraph (4) unless an officer of the enforcer reasonably suspects a breach of the enforcer's legislation.

(6)Sub-paragraph (5) does not apply if the enforcer is a market surveillance authority within the meaning of [F87Article 2(18) of the Regulation on Accreditation and Market Surveillance] [F87Article 3(4) of the Market Surveillance Regulation] and the power is exercised for the purpose of market surveillance within the meaning of [F88Article 2(17) of that Regulation] [F88Article 3(3) of that Regulation].

(7)An unfair contract terms enforcer may exercise the powers in this Part of this Schedule for either of the following purposes—

(a)to enable the enforcer to exercise or to consider whether to exercise any function it has under Schedule 3 (enforcement of the law on unfair contract terms and notices);

(b)to ascertain whether a person has complied with or is complying with an injunction or interdict (within the meaning of that Schedule) granted under paragraph 5 of that Schedule or an undertaking given under paragraph 6 of that Schedule.

(8)But an unfair contract terms enforcer may not exercise the power in paragraph 14 for a purpose mentioned in sub-paragraph (7)(a) unless an officer of the enforcer reasonably suspects that a person is using, or proposing or recommending the use of, a contractual term or notice within paragraph 3 of Schedule 3.

(9)A local weights and measures authority in Great Britain [F89, the Department of Enterprise, Trade and Investment in Northern Ireland or the Secretary of State] may exercise the powers in this Part of this Schedule for either of the following purposes—

(a)to enable it to determine whether to make an order under section 3 or 4 of the Estate Agents Act 1979;

(b)to enable it to exercise any of its functions under section 5, 6, 8, 13 or 17 of that Act.

(10)In this paragraph—

• F90...

• “private designated enforcer” means a person or body [F91which is a private designated enforcer for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 (see section 151(2) of that Act)].

Power to require the production of informationU.K.

14U.K.An enforcer or an officer of an enforcer may give notice to a person requiring the person to provide the enforcer with the information specified in the notice.

Procedure for notice under paragraph 14U.K.

15(1)A notice under paragraph 14 must be in writing and specify the purpose for which the information is required.U.K.

(2)If the purpose is to enable a person to exercise or to consider whether to exercise a function, the notice must specify the function concerned.

(3)The notice [F92must] specify—

(a)the time within which and the manner in which the person to whom it is given must comply with it;

(b)the form in which information must be provided.

[F93(c)the circumstances in which a monetary penalty may be payable under this Part of this Schedule in relation to non-compliance with the notice.]

(4)The notice may require—

(a)the creation of documents, or documents of a description, specified in the notice, and

(b)the provision of those documents to the enforcer or an officer of the enforcer.

(5)A requirement to provide information or create a document is a requirement to do so in a legible form.

(6)A notice under paragraph 14 does not require a person to provide any information or create any documents which the person would be entitled to refuse to provide or produce—

(a)in proceedings in the High Court on the grounds of legal professional privilege, or

(b)in proceedings in the Court of Session on the grounds of confidentiality of communications.

(7)In sub-paragraph (6) “communications” means—

(a)communications between a professional legal adviser and the adviser's client, or

(b)communications made in connection with or in contemplation of legal proceedings or for the purposes of those proceedings.

Enforcement of notice under paragraph 14U.K.

16(1)If a person fails to comply with a notice under paragraph 14, the enforcer or an officer of the enforcer may make an application under this paragraph to the court.U.K.

(2)If it appears to the court that the person has failed to comply with the notice, it may make an order under this paragraph.

(3)An order under this paragraph is an order requiring the person to do anything that the court thinks it is reasonable for the person to do, for any of the purposes for which the notice was given, to ensure that the notice is complied with.

(4)An order under this paragraph may require the person to meet the costs or expenses of the application.

(5)If the person is a company, partnership or unincorporated association, the court in acting under sub-paragraph (4) may require an official who is responsible for the failure to meet the costs or expenses.

(6)In this paragraph—

• “the court” means—

  (a)

  the High Court,

  (b)

  in relation to England and Wales, the county court,

  (c)

  in relation to Northern Ireland, a county court,

  (d)

  the Court of Session, or

  (e)

  the sheriff;

• “official” means—

  (a)

  in the case of a company, a director, manager, secretary or other similar officer,

  (b)

  in the case of a limited liability partnership, a member,

  (c)

  in the case of a partnership other than a limited liability partnership, a partner, and

  (d)

  in the case of an unincorporated association, a person who is concerned in the management or control of its affairs.

[F94Non-compliance with notice under paragraph 14: power of court to impose monetary penaltiesU.K.

16A(1)This paragraph applies where—U.K.

(a)an enforcer or an officer of an enforcer has given a notice to a person (“the respondent”) under paragraph 14, and

(b)the enforcer considers that the respondent has, without reasonable excuse, failed to comply with the notice.

(2)The enforcer or an officer of the enforcer may make an application under this paragraph to the court.

(3)If the court finds that the respondent has, without reasonable excuse, failed to comply with the notice, the court may make an order that requires the respondent to pay a monetary penalty to the enforcer.

(4)The amount of the penalty must be—

(a)a fixed amount,

(b)an amount calculated by reference to a daily rate, or

(c)a combination of a fixed amount and an amount calculated by reference to a daily rate.

(5)The penalty must not exceed—

(a)in the case of a fixed amount, £30,000 or, if higher, 1% of the total value of the turnover (if any) of the respondent;

(b)in the case of an amount calculated by reference to a daily rate, £15,000 per day or, if higher, 5% of the total value of the daily turnover (if any) of the respondent;

(c)in the case of a fixed amount and an amount calculated by reference to a daily rate, such fixed amount and such amount per day.

(6)In imposing a penalty by reference to a daily rate—

(a)no account is to be taken of any days before the notification date, and

(b)unless the court determines an earlier date (whether before or after the order imposing the penalty is made), the amount payable ceases to accumulate on the day on which the requirements of the notice under paragraph 14 are complied with.

(7)An order under this paragraph, or a notice accompanying service of the order, must state—

(a)the amount of the penalty (including whether it is a fixed amount, an amount calculated by reference to a daily rate or both a fixed amount and an amount calculated by reference to a daily rate);

(b)the grounds on which the penalty is imposed together with any other factors that the court considers justify the giving of the penalty or its amount;

(c)in the case of an amount calculated by reference to a daily rate, the day on which the amount first starts to accumulate and the day or days on which it might cease to accumulate;

(d)how the penalty is to be paid to the enforcer;

(e)the date or dates, no earlier than the end of 28 days beginning with the date of service of the order on the respondent, by which the penalty or (as the case may be) different portions of it are required to be paid;

(f)that the penalty or (as the case may be) different portions of it may be paid earlier than the date or dates by which it or they are required to be paid;

(g)that the respondent has the right to apply under sub-paragraph (8), and the rights available to the respondent to appeal against the order, and the main details of those rights.

(8)The respondent may, within 14 days of the date on which an order under this paragraph is served on the respondent, apply to the court for it to specify a different date or dates by which the penalty, or portions of it, are to be paid.

(9)An application by an enforcer or officer of an enforcer under this paragraph—

(a)may be made in addition to, or instead of, an application under paragraph 16, and

(b)where made in addition to an application under paragraph 16, may be combined with the application under that paragraph.

(10)In addition to any right of appeal on a point of law, a person liable to pay a penalty by virtue of an order under this paragraph may appeal in respect of the amount of the penalty.

(11)Where an appeal is brought in respect of a penalty imposed by virtue of an order under this paragraph, the penalty is not payable until the appeal is determined or withdrawn, unless the court dealing with the appeal orders otherwise.

(12)Sub-paragraphs (4) and (5) of paragraph 16 apply to an order under this paragraph as they apply to an order under that paragraph.

(13)In the application of this paragraph to Scotland, the references in sub-paragraphs (7) and (8) to an order being served include service of an extract order in execution of or diligence on the order.

(14)In this paragraph, other than in sub-paragraph (11)—

• “the court” has the same meaning as in paragraph 16;

• “the notification date”, in relation to an order under this paragraph, means the date on which notice of the application for the order is given to the respondent.

Non-compliance with notice under paragraph 14: powers of CMA to give provisional enforcement noticeU.K.

16B(1)This paragraph applies where—U.K.

(a)the CMA has given a notice to a person (“the respondent”) under paragraph 14, and

(b)the CMA has reasonable grounds to believe that the respondent has failed to comply with the notice.

(2)The CMA may give to the respondent a notice under this paragraph (a “provisional enforcement notice”).

(3)A provisional enforcement notice must—

(a)set out the grounds on which it is given, including the respondent’s acts or omissions giving rise to the giving of the notice;

(b)specify such actions as the CMA considers appropriate to be taken by the respondent for the purposes of securing compliance with the notice under paragraph 14;

(c)invite the respondent to make representations to the CMA about the matters set out in the notice;

(d)specify the means by which, and the time by which, such representations must be made.

(4)The means specified under sub-paragraph (3)(d) for making representations must include arrangements for them to be made orally if the respondent chooses to make representations in that way.

(5)If the CMA is considering the imposition of a monetary penalty on the respondent (see paragraph 16C), the provisional enforcement notice must also state—

(a)that the CMA is considering imposing a monetary penalty;

(b)the proposed amount of the penalty (including whether the penalty would be a fixed amount, an amount calculated by reference to a daily rate or both a fixed amount and an amount calculated by reference to a daily rate);

(c)any further factors (in addition to those provided under sub-paragraph (3)(a)) which the CMA considers justify the imposition of the proposed penalty and its amount or amounts.

Non-compliance with notice under paragraph 14: power of CMA to give final enforcement noticeU.K.

16C(1)This paragraph applies where—U.K.

(a)the CMA has given to the respondent a provisional enforcement notice under paragraph 16B in respect of a notice given to the respondent under paragraph 14,

(b)the time for the respondent to make representations to the CMA in accordance with the provisional enforcement notice has expired, and

(c)after considering such representations (if any), the CMA is satisfied that the respondent has failed to comply with the notice given under paragraph 14.

(2)The CMA may by notice (a “final enforcement notice”) impose on the respondent a requirement to do either or both of the following—

(a)a requirement to pay a monetary penalty;

(b)a requirement to comply with such directions as the CMA considers appropriate for the purpose of securing the respondent’s compliance with the notice under paragraph 14.

(3)A requirement under sub-paragraph (2)(a) to pay a monetary penalty may be imposed only if the CMA is satisfied that the respondent’s failure in question is without reasonable excuse.

(4)The amount of a monetary penalty must be—

(a)a fixed amount,

(b)an amount calculated by reference to a daily rate, or

(c)a combination of a fixed amount and an amount calculated by reference to a daily rate.

(5)The penalty must not exceed—

(a)in the case of a fixed amount, £30,000 or, if higher, 1% of the total value of the turnover (if any) of the respondent;

(b)in the case of an amount calculated by reference to a daily rate, £15,000 per day or, if higher, 5% of the total value of the daily turnover (if any) of the respondent;

(c)in the case of a fixed amount and an amount calculated by reference to a daily rate, such fixed amount and such amount per day.

(6)In imposing a penalty by reference to a daily rate—

(a)no account is to be taken of any days before the date on which the provisional enforcement notice mentioned in sub-paragraph (1)(a) was given to the respondent, and

(b)unless the CMA determines an earlier date, the amount payable ceases to accumulate on the day on which the requirements of the notice under paragraph 14 are complied with.

(7)A final enforcement notice that imposes a penalty on the respondent must state—

(a)the amount of the penalty (including whether it is a fixed amount, an amount calculated by reference to a daily rate or both a fixed amount and an amount calculated by reference to a daily rate);

(b)the grounds on which the penalty is imposed together with any other factors that the CMA considers justify the giving of the penalty or its amount;

(c)in the case of an amount calculated by reference to a daily rate, the day on which the amount first starts to accumulate and the day or days on which it might cease to accumulate;

(d)how the penalty is to be paid to the CMA;

(e)the date or dates, no earlier than the end of 28 days beginning with the date of service of the notice on the respondent, by which the penalty or (as the case may be) different portions of it are required to be paid;

(f)that the penalty or (as the case may be) different portions of it may be paid earlier than the date or dates by which it or they are required to be paid;

(g)that the respondent has the right to apply under sub-paragraph (8), or to appeal under paragraph 16D, and the main details of those rights.

(8)The respondent may, within 14 days of the date of service of the notice, apply to the CMA for it to specify a different date or dates by which the penalty, or different portions of it, are to be paid.

(9)In deciding whether, and if so how, to proceed under this paragraph the CMA must have regard to the statement of policy most recently published under paragraph 16F at the time of the act or omission giving rise to the penalty.

(10)The CMA may publish a notice given under this paragraph in such manner as it considers appropriate.

(11)Sections 191 to 196 of the Digital Markets, Competition and Consumers Act 2024 apply to a direction given in a notice under this paragraph as if the direction were an enforcement direction for the purposes of those sections.

Appeals against final enforcement noticeU.K.

16D(1)A person to whom a final enforcement notice is given may appeal to the appropriate court against—U.K.

(a)a decision to impose a monetary penalty by virtue of the notice,

(b)the nature or amount of any such penalty, or

(c)the giving of directions by virtue of the notice.

(2)The grounds for an appeal under sub-paragraph (1)(a) or (b)are that—

(a)the decision to impose a monetary penalty was based on an error of fact,

(b)the decision was wrong in law,

(c)the amount of the penalty is unreasonable, or

(d)the decision was unreasonable or wrong for any other reason.

(3)The grounds for an appeal under sub-paragraph (1)(c) are that—

(a)the decision to give the directions was based on an error of fact,

(b)the decision was wrong in law,

(c)the nature of the directions is unreasonable, or

(d)the decision was unreasonable or wrong for any other reason.

(4)On an appeal under this paragraph the appropriate court may quash, confirm or vary the final enforcement notice.

(5)An appeal under this paragraph must be brought before the end of the period of 28 days beginning with the day on which the final enforcement notice was given to the person seeking to bring the appeal.

(6)The appropriate court may extend the period mentioned in sub-paragraph (5) for bringing an appeal.

(7)Where an appeal is brought under this paragraph, the penalty is not payable until the appeal is determined or withdrawn, unless the appropriate court orders otherwise.

(8)In this paragraph “the appropriate court” means—

(a)in relation to England and Wales or Northern Ireland, the High Court, and

(b)in relation to Scotland, the Outer House of the Court of Session.

Recovery of penalties imposed under paragraph 16CU.K.

16E(1)This paragraph applies where a penalty imposed by a final enforcement notice given under paragraph 16C, or any part of such a penalty, has not been paid by the date on which it is required to be paid and—U.K.

(a)an appeal under paragraph 16D has not been brought before the end of the period mentioned in sub-paragraph (5) of that paragraph, or

(b)any such appeal that was brought has been determined, withdrawn or otherwise disposed of.

(2)The CMA may recover from the person on whom the penalty was imposed any of the penalty and any interest which has not been paid.

(3)Any such penalty and interest may be recovered summarily (or, in Scotland, recovered) as a civil debt by the CMA.

Statement of policy in relation to penalties under paragraph 16CU.K.

16F(1)The CMA must prepare and publish a statement of policy in relation to the use of its power to impose penalties under paragraph 16C.U.K.

(2)The statement must include a statement about the considerations relevant to the determination of—

(a)whether to impose a penalty under that paragraph, and

(b)the nature and amount of any such penalty.

(3)The CMA may revise its statement of policy and, where it does so, must publish the revised statement.

(4)In preparing or revising its statement of policy the CMA must consult—

(a)the Secretary of State, and

(b)such other persons as the CMA considers appropriate.

(5)A statement of policy, or revised statement, may not be published under this paragraph without the approval of the Secretary of State.

Penalties imposed under paragraphs 16A and 16C: further provisionU.K.

16G(1)If the whole or any portion of a penalty is not paid by the date by which it is required to be paid, the unpaid balance from time to time carries interest at the statutory rate.U.K.

(2)Where an application has been made under paragraph 16A(8) or 16C(8), the penalty is not required to be paid until the application has been determined, withdrawn or otherwise disposed of.

(3)If a portion of a penalty has not been paid by the date required for it, the enforcer to whom it is payable may, where it considers it appropriate to do so, require so much of the penalty as has not already been paid (and is capable of being paid immediately) to be paid immediately.

(4)Where on an appeal under paragraph 16D the appropriate court substitutes a penalty of a different nature or of a lesser amount, the court may require the payment of interest at the statutory rate on the substituted penalty from whatever date it considers appropriate (which may include a date before the determination of the appeal).

(5)In the case of a monetary penalty imposed on a firm, the penalty is to be paid out of the assets or funds of the firm.

(6)Sums received from a person towards payment of a monetary penalty must be paid—

(a)in the case of a penalty imposed by an order of the Court of Session or the Sheriff, into the Scottish Consolidated Fund;

(b)in the case of a penalty imposed by an order of a court in Northern Ireland, into the Consolidated Fund of Northern Ireland;

(c)in any other case, into the Consolidated Fund of the United Kingdom.

(7)In this paragraph—

• “penalty” means a penalty imposed under paragraph 16A or 16C;

• “statutory rate” means the rate for the time being specified in section 17 of the Judgments Act 1838.

Meaning of “turnover” for purposes of paragraphs 16A and 16CU.K.

16H(1)References to “turnover” of a person in paragraphs 16A and 16C include—U.K.

(a)turnover both in and outside the United Kingdom;

(b)where the person controls another person, the turnover of that other person;

(c)where the person is controlled by another person, the turnover of that other person.

(2)The Secretary of State may by regulations—

(a)make provision for determining when a person is to be treated as controlled by another person for the purposes of sub-paragraph (1);

(b)make provision for determining the turnover of a person for those purposes.

(3)Regulations under this paragraph may, in particular, make provision as to—

(a)the amounts which are, or which are not, to be treated as comprising a person’s turnover or daily turnover;

(b)the date or dates by references to which a person’s turnover or daily turnover is to be determined.

(4)Regulations under this paragraph may include provision enabling the court (within the meaning of paragraph 16A) or the CMA to determine matters of a description specified in the regulations (including any of the matters mentioned in paragraphs (a) and (b) of sub-paragraph (3)).

(5)Regulations under this paragraph are to be made by statutory instrument.

(6)A statutory instrument containing regulations under this paragraph is subject to annulment in pursuance of a resolution of either House of Parliament.

Power to amend amountsU.K.

16I(1)The Secretary of State may by regulations amend the following provisions of this Schedule for the purpose of substituting a different monetary amount for an amount of fixed or daily penalty for the time being specified—U.K.

(a)paragraph 16A(5)(a) and (b);

(b)paragraph 16C(5)(a) and (b).

(2)Before making regulations under this paragraph the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(3)Regulations under this paragraph are to be made by statutory instrument.

(4)Regulations under this paragraph may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

MiscellaneousU.K.

16J(1)The CMA may not make an application under paragraph 16A in respect of a person’s failure to comply with a notice under paragraph 14 if the CMA has given to the person a final enforcement notice under paragraph 16C in respect of that failure.U.K.

(2)The CMA may not give a person a final enforcement notice under paragraph 16C in respect of a failure to comply with a notice under paragraph 14 if—

(a)the CMA has made an application under paragraph 16A against the person in respect of that failure, and

(b)the application has been determined by the court (within the meaning of that paragraph).]

Limitations on use of information provided in response to a notice under paragraph 14U.K.

17(1)This paragraph applies if a person provides information in response to a notice under paragraph 14.U.K.

(2)This includes information contained in a document created by a person in response to such a notice.

(3)In any criminal proceedings against the person—

(a)no evidence relating to the information may be adduced by or on behalf of the prosecution, and

(b)no question relating to the information may be asked by or on behalf of the prosecution.

(4)Sub-paragraph (3) does not apply if, in the proceedings—

(a)evidence relating to the information is adduced by or on behalf of the person providing it, or

(b)a question relating to the information is asked by or on behalf of that person.

(5)Sub-paragraph (3) does not apply if the proceedings are for—

(a)an offence under paragraph 36 (obstruction),

(b)an offence under section 5 of the Perjury Act 1911 (false statutory declarations and other false statements without oath),

(c)an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements and declarations), or

(d)an offence under Article 10 of the Perjury (Northern Ireland) Order 1979 (SI 1979/1714 (NI 19)) (false statutory declarations and other false unsworn statements).

[F95Extra-territorial application in relation to notices under paragraph 14U.K.

17A(1)This paragraph applies to the exercise of a power of an enforcer to give a person a notice under paragraph 14.U.K.

(2)The power is exercisable so as to—

(a)give the notice to a person who is outside the United Kingdom;

(b)require the provision of information held outside the United Kingdom.

(3)Sub-paragraph (4) applies where—

(a)an enforcer proposes to give a notice to a person outside the United Kingdom by virtue of sub-paragraph (2)(a), and

(b)the enforcer does not consider that the person is a potential enforcement subject.

(4)Where this sub-paragraph applies, the power to give the notice is exercisable only if the person has a UK connection.

(5)A person has a UK connection if the person—

(a)is a United Kingdom national,

(b)is an individual who is habitually resident in the United Kingdom,

(c)is a firm established in the United Kingdom, or

(d)carries on business in the United Kingdom or by any means directs activities in the course of carrying on a business to consumers in the United Kingdom.

(6)For the purposes of sub-paragraph (3)(b) a person (P) is a “potential enforcement subject”, in relation to a notice given by an enforcer to P by virtue of this paragraph, if the notice is given for the purposes of enabling the enforcer—

(a)to exercise, or consider whether to exercise, a function mentioned in paragraph 13(2), (3), (7)(a) or (9)(b) in relation to P;

(b)to ascertain whether P has breached any legislation mentioned in paragraph 13(4);

(c)to ascertain whether P has complied with, or is complying with, an injunction or interdict mentioned in paragraph 13(7)(b);

(d)to determine whether to make an order of a kind mentioned in paragraph 13(9)(a) in respect of, or in relation to, P.

(7)In sub-paragraph (5)(a) “United Kingdom national” means—

(a)a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen;

(b)a person who is a British subject under the British Nationality Act 1981;

(c)a British protection person within the meaning of that Act.

(8)For the purposes of sub-paragraph(5)(c), a firm is “established in the United Kingdom” if—

(a)it is incorporated or formed under the law of a part of the United Kingdom, or

(b)it is administered under arrangements governed by the law of a part of the United Kingdom.

(9)References in this paragraph to an enforcer include an officer of an enforcer.]

[F96Means of giving notice under this Part of this ScheduleU.K.

17B(1)This paragraph applies in relation to a notice given to a person under this Part of this Schedule.U.K.

(2)The notice may be given by—

(a)delivering it to the person,

(b)leaving it at the person’s proper address,

(c)sending it by post to the person at that address, or

(d)sending it to the person by email to the person’s email address.

(3)A notice to a body corporate may be given in accordance with sub-paragraph (2) to any officer of that body.

(4)A notice to a partnership may be given in accordance with sub-paragraph (2) to any partner or a person who has the control or management of the partnership business.

(5)A notice to a firm other than a body corporate or a partnership may be given in accordance with sub-paragraph (2) to any member of the governing body of the firm.

(6)A person’s proper address is—

(a)in a case where the person has specified an address as one at which the person, or someone acting on the person’s behalf, will accept service of notices or other documents, that address;

(b)in any other case, the address determined in accordance with sub-paragraph (7).

(7)A person’s proper address is (if sub-paragraph (6)(a) does not apply)—

(a)in the case of a body corporate, its registered or principal office;

(b)in the case of a partnership, the principal office of the partnership;

(c)in the case of a firm other than a body corporate or a partnership, the principal office of the firm;

(d)in a case where none of paragraphs (a) to (c) apply, any address by means of which the enforcer or officer giving the notice believes, on reasonable grounds, that the notice will come to the attention of the person.

(8)A person’s email address is—

(a)any email address published for the time being by that person as an address for contacting that person, or

(b)if there is no such published address, any email address by means of which the enforcer or officer giving the notice believes, on reasonable grounds, that the notice will come to the attention of that person.

(9)In the case of—

(a)a body corporate registered outside the United Kingdom,

(b)a partnership carrying on business outside the United Kingdom, or

(c)any other type of firm with offices outside the United Kingdom,

references to its principal office include references to its principal office in the United Kingdom or, if it has no principal office in the United Kingdom, any place in the United Kingdom where it carries on business or conducts activities.

(10)In this paragraph “officer”, in relation to a body corporate, means any director, manager, secretary or other similar officer of the body.

(11)This paragraph does not limit other lawful means of giving notice.]

Application to CrownU.K.

18U.K.In its application in relation to—

(a)an enforcer acting for a purpose within paragraph 13(2) or (3), or

(b)an enforcer acting for the purpose of ascertaining whether there has been a breach of [F97Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024],

this Part binds the Crown.

PART 4U.K.Further powers exercisable by domestic enforcers and [F98[F99authorised] enforcers]

Exercise of powers in this Part: domestic enforcersU.K.

19(1)A domestic enforcer may exercise a power in this Part of this Schedule only for the purposes and in the circumstances mentioned in this paragraph in relation to that power.U.K.

(2)A domestic enforcer may exercise any power in paragraphs 21 to 26 and 31 to 34 for the purpose of ascertaining compliance with the enforcer's legislation.

(3)A domestic enforcer may exercise the power in paragraph 27 (power to require the production of documents) for either of the following purposes—

(a)subject to sub-paragraph (4), to ascertain compliance with the enforcer's legislation;

(b)to ascertain whether the documents may be required as evidence in proceedings for a breach of, or under, the enforcer's legislation.

(4)A domestic enforcer may exercise the power in paragraph 27 for the purpose mentioned in sub-paragraph (3)(a) only if an officer of the enforcer reasonably suspects a breach of the enforcer's legislation, unless—

(a)the power is being exercised in relation to a document that the trader is required to keep by virtue of a provision of the enforcer's legislation, or

(b)the enforcer is a market surveillance authority within the meaning of [F100Article 2(18) of the Regulation on Accreditation and Market Surveillance] [F100Article 3(4) of the Market Surveillance Regulation] and the power is exercised for the purpose of market surveillance within the meaning of [F101Article 2(17) of that Regulation] [F101Article 3(3) of that Regulation].

(5)A domestic enforcer may exercise the power in paragraph 28 (power to seize and detain goods) in relation to—

(a)goods which an officer of the enforcer reasonably suspects may disclose (by means of testing or otherwise) a breach of the enforcer's legislation,

(b)goods which an officer of the enforcer reasonably suspects are liable to forfeiture under that legislation, and

(c)goods which an officer of the enforcer reasonably suspects may be required as evidence in proceedings for a breach of, or under, that legislation.

(6)A domestic enforcer may exercise the power in paragraph 29 (power to seize documents required as evidence) in relation to documents which an officer of the enforcer reasonably suspects may be required as evidence—

(a)in proceedings for a breach of the enforcer's legislation, or

(b)in proceedings under the enforcer's legislation.

(7)A domestic enforcer may exercise the power in paragraph 30 (power to decommission or switch off fixed installations)—

(a)if an officer of the enforcer reasonably suspects a breach of the Electromagnetic Compatibility Regulations 2006 (SI 2006/3418), and

(b)for the purpose of ascertaining (by means of testing or otherwise) whether there has been such a breach.

[F102(7A)A domestic enforcer may exercise the power in paragraph 30A (power to decommission or switch off fixed medical devices)—

(a)if an officer of the enforcer reasonably suspects [F103a breach of—

(i)the Medical Devices Regulations 2002 (S.I. 2002/618),

(ii)regulations made under section 15(1) of the Medicines and Medical Devices Act 2021,

(iii)the Medical Devices (Northern Ireland Protocol) Regulations 2021, F104...

(iv)Regulation (EU) 2017/745 on medical devices, F105...] [F106or

(v)Regulation (EU) 2017/746 on in vitro diagnostic medical devices, and]

(b)for the purpose of ascertaining (by means of testing or otherwise) whether there has been such a breach.]

(8)For the purposes of the enforcement of the Estate Agents Act 1979—

(a)the references in sub-paragraphs (2) and (3)(a) to ascertaining compliance with the enforcer's legislation include ascertaining whether a person has engaged in a practice mentioned in section 3(1)(d) of that Act (practice in relation to estate agency work declared undesirable by the Secretary of State), and

(b)the references in sub-paragraph (4) and paragraphs 23(6)(a) and 32(3)(a) to a breach of the enforcer's legislation include references to a person's engaging in such a practice.

Exercise of powers in this Part: [F107[F108authorised] enforcers] U.K.

20(1)Any power in this Part of this Schedule which is conferred on [F109[F110an authorised] enforcer] may be exercised by such an enforcer only for the purposes and in the circumstances mentioned in this paragraph in relation to that power.U.K.

(2)If the condition in sub-paragraph (3) is met, [F111[F112an authorised] enforcer] may exercise any power conferred on it by [F113paragraphs 22 to 25] and 31 to 34 for any purpose relating to the functions that the enforcer has under [F114Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024].

(3)The condition is that an officer of the [F115[F116authorised] enforcer] reasonably suspects—

(a)that there has been, or is likely to be, a [F117[F118relevant] infringement],

(b)a failure to comply with [F119an enforcement order, an interim enforcement order, an online interface order or an interim online interface order] made on the application of that enforcer,

(c)a failure to comply with an undertaking given under [F120section 156(2)(b) or section 159(2)(b) of the Digital Markets, Competition and Consumers Act 2024] following such an application, F121...

(d)a failure to comply with an undertaking given to that enforcer under [F122section 163] [F123or section 185] of that Act [F124, or]

[F125(e)a failure to comply with a relevant notice or a final enforcement notice.]

[F126(3A)  [F127[F128An authorised] enforcer] may exercise the power in paragraph 21 (power to purchase products) for either of the following purposes—

(a)the purpose mentioned in sub-paragraph (2), if the condition in sub-paragraph (3) is met, or

(b)to obtain a product for use as evidence in proceedings under [F129Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024].]

(4)[F130[F131An authorised] enforcer] may exercise the power in paragraph 27 (power to require the production of documents) for either of the following purposes—

(a)the purpose mentioned in sub-paragraph (2), if the condition in sub-paragraph (3) is met;

(b)to ascertain whether the documents may be required as evidence in proceedings under [F132Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024].

(5)[F133[F134An authorised] enforcer] may exercise the power in paragraph 28 (power to seize and detain goods) in relation to goods which an officer of the enforcer reasonably suspects—

(a)may disclose (by means of testing or otherwise) a [F135[F136relevant] infringement] or a failure to comply with a measure specified in sub-paragraph (3)(b), (c) or (d), or

(b)may be required as evidence in proceedings under [F137Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024].

(6)[F138[F139An authorised] enforcer] may exercise the power in paragraph 29 (power to seize documents required as evidence) in relation to documents which an officer of the enforcer reasonably suspects may be required as evidence in proceedings under [F140Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024].

[F141(7)Each of the following is an “authorised enforcer” for the purposes of this Part of this Schedule—

(a)the Competition and Markets Authority;

(b)the Civil Aviation Authority;

(c)the Financial Conduct Authority;

(d)the Secretary of State;

(e)the Department of Health in Northern Ireland;

(f)the Office of Communications;

(g)the Department for the Economy in Northern Ireland;

(h)every local weights and measures authority in Great Britain;

(i)an enforcement authority within the meaning of section 120(15) of the Communications Act 2003;

(j)the Information Commissioner;

(k)the Department for Infrastructure in Northern Ireland;

(l)the Maritime and Coastguard Agency;

(m)the Office of Rail and Road;

(n)the Office for the Traffic Commissioner.

(8)In this paragraph “relevant infringement” means an act or omission which is a relevant infringement for the purposes of Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024 by virtue of contravening an enactment listed in paragraph 20A of this Schedule.]

[F142Paragraph 20: listed enactmentsU.K.

20AU.K.The enactments referred to in paragraph 20(8) are the following—

• Sections 9 to 11 of the Supply of Goods (Implied Terms) Act 1973, to the extent that those sections continue to apply to a contract for a trader to supply goods to a consumer by virtue of the saving made, in connection with their amendment by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

• The Consumer Credit Act 1974 and secondary legislation made under that Act excluding requirements relating to consumer hire agreements.

• Sections 6(2), 7(1), 7(2), 20(2), 21 and 27(2) of the Unfair Contract Terms Act 1977, to the extent that those sections remain in force, or continue to apply to a consumer contract, by virtue of the saving made, in connection with their repeal or disapplication by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

• Sections 13 to 15, 15B, 20 and 32 of the Sale of Goods Act 1979, to the extent that those sections continue to apply to a contract for a trader to supply goods to a consumer by virtue of the saving made, in connection with their amendment by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

• Sections 48A to 48F of the Sale of Goods Act 1979, to the extent that those sections remain in force by virtue of the saving made, in connection with their repeal by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

• Sections 3 to 5, 11C to 11E and 13 of the Supply of Goods and Services Act 1982, and any rule of law in Scotland which provides comparable protection to section 13, to the extent that those sections continue to apply to a contract for a trader to supply goods or, in the case of section 13, a contract for a trader to supply a service, to a consumer by virtue of the saving made, in connection with their amendment by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

• Sections 11M to 11S of the Supply of Goods and Services Act 1982 to the extent that those sections remain in force by virtue of the saving made, in connection with their repeal by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

• The Package Travel, Package Holidays and Package Tours Regulations 1992, to the extent that those Regulations remain in force by virtue of the saving made, in connection with their revocation, by regulation 37(2) of the Package Travel and Linked Travel Arrangements Regulations 2018.

• The Unfair Terms in Consumer Contracts Regulations 1999, to the extent that those Regulations remain in force by virtue of the saving made, in connection with their revocation by this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

• Rules made under sections 137A, 137R and 137T of the Financial Services and Markets Act 2000 which give effect to Articles 10, 11, 13 to 18 and 21 to 23, Chapter 10 and Annexes I and II of Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property.

• The Consumer Protection (Distance Selling) Regulations 2000, to the extent that those Regulations remain in force for contracts entered into prior to their disapplication by virtue of regulation 2(a) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

• Sections 319, 321, 322, 325, 368F, 368G and 368H of the Communications Act 2003.

• Regulations 6, 7, 8, 9 and 11 of the Electronic Commerce (EC Directive) Regulations 2002.

• Regulation 15 of the Sale and Supply of Goods to Consumers Regulations 2002, to the extent that regulation 15 remains in force by virtue of the saving made, in connection with its revocation by the this Act, by Article 6 of the Consumer Rights Act 2015 (Commencement No. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015.

• Regulations 19 to 26, 30 and 32 of the Privacy and Electronic Communications (EC Directive) Regulations 2003.

• The Price Marking Order 2004.

• Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights.

• The Financial Services (Distance Marketing) Regulations 2004 and rules corresponding to any provisions of those Regulations made by the Financial Conduct Authority or a designated professional body within the meaning of section 326(2) of the Financial Services and Markets Act 2000.

• The Price Marking Order (Northern Ireland) 2004.

• The Civil Aviation (Denied Boarding, Compensation and Assistance) Regulations 2005.

• Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air.

• Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers’ rights and obligations.

• Regulations 2, 4, 13, 15 and 18 of the Business Protection from Misleading Marketing Regulations 2008.

• The Consumer Protection from Unfair Trading Regulations 2008.

• The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008, to the extent that those Regulations remain in force for contracts entered into prior to their disapplication by regulation 2(b) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

• Article 23 of Regulation (EC) No 1008/2008 of the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community.

• The Provision of Services Regulations 2009.

• The Rail Passengers’ Rights and Obligations Regulations 2010.

• Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway.

• The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010.

• Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004.

• Chapters 1 and 2 of Part 14 of the Human Medicines Regulations 2012.

• Regulations 4 and 6A to 10 of the Consumer Rights (Payment Surcharges) Regulations 2012.

• The Merchant Shipping (Passengers’ Rights) Regulations 2013.

• The Operation of Air Services in the Community (Pricing etc.) Regulations 2013.

• The Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013.

• The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

• The Bus and Coach Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2014.

• The Bus and Coach Passengers Rights and Obligations (Designation of Terminals, Tour Operators and Enforcement) Regulations (Northern Ireland) 2014.

• The Civil Aviation (Access to Air Travel for Disabled Persons and Persons with Reduced Mobility) Regulations 2014.

• Regulation 19(1) and (2) of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015.

• Sections 2, 3, 5, 9 to 15, 19, 23, 24, 28 to 32, 36(3) and (4), 37, 38, 42, 50, 54, 58, 59, 61 to 64, 67 to 70, 72 to 74 of, and Schedules 2 and 3 and Part 3 of Schedule 5 to, this Act.

• Article 10(4) of Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions.

• Parts 2 and 3 and regulations 18, 19, 20(1), 20(3) to 20(5), 21 to 25, 27(2) and 27(3) of, and Schedules 1 to 6 to, the Payment Accounts Regulations 2015.

• The Rail Passengers Rights and Obligations (Designation and Enforcement) Regulations (Northern Ireland) 2017.

• The Package Travel and Linked Travel Arrangements Regulations 2018.

• Part 4 of the Digital Markets, Competition and Consumers Act 2024.]

Power to purchase productsU.K.

21(1)An officer of an enforcer may—U.K.

(a)make a purchase of a product, or

(b)enter into an agreement to secure the provision of a product.

(2)For the purposes of exercising the power in sub-paragraph (1), an officer may—

(a)at any reasonable time, enter premises to which the public has access (whether or not the public has access at that time), and

(b)inspect any product on the premises which the public may inspect.

(3)The power of entry in sub-paragraph (2) may be exercised without first giving notice or obtaining a warrant.

Power to observe carrying on of business etcU.K.

22(1)An officer of an enforcer may enter premises to which the public has access in order to observe the carrying on of a business on those premises.U.K.

(2)The power in sub-paragraph (1) may be exercised at any reasonable time (whether or not the public has access at that time).

(3)The power of entry in sub-paragraph (1) may be exercised without first giving notice or obtaining a warrant.

Power to enter premises without warrantU.K.

23(1)An officer of an enforcer may enter premises at any reasonable time.U.K.

(2)Sub-paragraph (1) does not authorise the entry into premises used wholly or mainly as a dwelling.

(3)In the case of a routine inspection, the power of entry in sub-paragraph (1) may only be exercised if a notice has been given to the occupier of the premises in accordance with the requirements in sub-paragraph (4), unless sub-paragraph (5) applies.

(4)Those requirements are that—

(a)the notice is in writing and is given by an officer of the enforcer,

(b)the notice sets out why the entry is necessary and indicates the nature of the offence under paragraph 36 (obstruction), and

(c)there are at least two working days between the date of receipt of the notice and the date of entry.

(5)A notice need not be given if the occupier has waived the requirement to give notice.

(6)In this paragraph “routine inspection” means an exercise of the power in sub-paragraph (1) other than where—

(a)the power is exercised by an officer of a domestic enforcer who reasonably suspects a breach of the enforcer's legislation,

(b)the officer reasonably considers that to give notice in accordance with sub-paragraph (3) would defeat the purpose of the entry,

(c)it is not reasonably practicable in all the circumstances to give notice in accordance with that sub-paragraph, in particular because the officer reasonably suspects that there is an imminent risk to public health or safety, or

(d)the enforcer is a market surveillance authority within the meaning of [F143Article 2(18) of the Regulation on Accreditation and Market Surveillance] [F143Article 3(4) of the Market Surveillance Regulation] and the entry is for the purpose of market surveillance within the meaning of [F144Article 2(17) of that Regulation] [F144Article 3(3) of that Regulation].

(7)If an officer of an enforcer enters premises under sub-paragraph (1) otherwise than in the course of a routine inspection, and finds one or more occupiers on the premises, the officer must provide to that occupier or (if there is more than one) to at least one of them a document that—

(a)sets out why the entry is necessary, and

(b)indicates the nature of the offence under paragraph 36 (obstruction).

(8)If an officer of an enforcer enters premises under sub-paragraph (1) and finds one or more occupiers on the premises, the officer must produce evidence of the officer's identity and authority to that occupier or (if there is more than one) to at least one of them.

(9)An officer need not comply with sub-paragraph (7) or (8) if it is not reasonably practicable to do so.

(10)Proceedings resulting from the exercise of the power under sub-paragraph (1) are not invalid merely because of a failure to comply with sub-paragraph (7) or (8).

(11)An officer entering premises under sub-paragraph (1) may be accompanied by such persons, and may take onto the premises such equipment, as the officer thinks necessary.

(12)In this paragraph—

• “give”, in relation to the giving of a notice to the occupier of premises, includes delivering or leaving it at the premises or sending it there by post;

• “working day” means a day other than—

  (a)

  Saturday or Sunday,

  (b)

  Christmas Day or Good Friday, or

  (c)

  a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which the premises are situated.

Application of paragraphs 25 to 31U.K.

24U.K.Paragraphs 25 to 31 apply if an officer of an enforcer has entered any premises under the power in paragraph 23(1) or under a warrant under paragraph 32.

Power to inspect products etcU.K.

25(1)The officer may inspect any product on the premises.U.K.

(2)The power in sub-paragraph (3) is also available to an officer of a domestic enforcer acting pursuant to the duty in section 27(1) of the Consumer Protection Act 1987 or regulation 10(1) of the General Product Safety Regulations 2005 (SI 2005/1803).

(3)The officer may examine any procedure (including any arrangements for carrying out a test) connected with the production of a product.

(4)The powers in sub-paragraph (5) are also available to an officer of a domestic enforcer acting pursuant to—

(a)the duty in regulation 10(1) of the Weights and Measures (Packaged Goods) Regulations 2006 (SI 2006/659) (“the (“2006 Regulations”), or

(b)the duty in regulation 10(1) of the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 (SR 2011/331) (“the 2011 Regulations”).

(5)The officer may inspect and take copies of, or of anything purporting to be—

(a)a record of a kind mentioned in regulation 5(2) or 9(1), or

(b)evidence of a kind mentioned in regulation 9(3).

(6)The references in sub-paragraph (5) to regulations are to regulations in the 2006 Regulations in the case of a domestic enforcer in Great Britain or the 2011 Regulations in the case of a domestic enforcer in Northern Ireland.

(7)The powers in sub-paragraph (8) are also available to an officer of a domestic enforcer acting pursuant to the duty in [F145regulation 52(1)(a)(ii) or (b)(ii) of the Electromagnetic Compatibility Regulations (S.I. 2016/1091)].

(8)The officer may—

(a)inspect any apparatus or fixed installation (as defined in those Regulations), or

(b)examine any procedure (including any arrangements for carrying out a test) connected with the production of apparatus.

Power to test equipmentU.K.

26(1)An officer of a domestic enforcer may test any weighing or measuring equipment—U.K.

(a)which is, or which the officer has reasonable cause to believe may be, used for trade or in the possession of any person or on any premises for such use, or

(b)which has been, or which the officer has reasonable cause to believe to have been, passed by an approved verifier, or by a person purporting to act as such a verifier, as fit for such use.

(2)Expressions used in sub-paragraph (1) have the same meaning—

(a)as in the Weights and Measures Act 1985, in the case of a domestic enforcer in Great Britain;

(b)as in the Weights and Measures (Northern Ireland) Order 1981 (SI 1981/231 (NI 10)), in the case of a domestic enforcer in Northern Ireland.

(3)The powers in sub-paragraph (4) are available to an officer of a domestic enforcer acting pursuant to—

(a)the duty in regulation 10(1) of the Weights and Measures (Packaged Goods) Regulations 2006 (SI 2006/659) (“the 2006 Regulations”), or

(b)the duty in regulation 10(1) of the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 (SR 2011/331) (“the 2011 Regulations”).

(4)The officer may test any equipment which the officer has reasonable cause to believe is used in—

(a)making up packages (as defined in regulation 2) in the United Kingdom, or

(b)carrying out a check mentioned in paragraphs (1) and (3) of regulation 9.

(5)The references in sub-paragraph (4) to regulations are to regulations in the 2006 Regulations in the case of a domestic enforcer in Great Britain or the 2011 Regulations in the case of a domestic enforcer in Northern Ireland.

Power to require the production of documentsU.K.

27(1)The officer may, at any reasonable time—U.K.

(a)require a trader occupying the premises, or a person on the premises acting on behalf of such a trader, to produce any documents relating to the trader's business to which the trader has access, and

(b)take copies of, or of any entry in, any such document.

(2)The power in sub-paragraph (1) is available regardless of whether—

(a)the purpose for which the documents are required relates to the trader or some other person, or

(b)the proceedings referred to in paragraph 19(3)(b) or 20(4)(b) could be taken against the trader or some other person.

(3)That power includes power to require the person to give an explanation of the documents.

(4)Where a document required to be produced under sub-paragraph (1) contains information recorded electronically, the power in that sub-paragraph includes power to require the production of a copy of the document in a form in which it can easily be taken away and in which it is visible and legible.

(5)This paragraph does not permit an officer to require a person to create a document other than as described in sub-paragraph (4).

(6)This paragraph does not permit an officer to require a person to produce any document which the person would be entitled to refuse to produce—

(a)in proceedings in the High Court on the grounds of legal professional privilege, or

(b)in proceedings in the Court of Session on the grounds of confidentiality of communications.

(7)In sub-paragraph (6) “communications” means—

(a)communications between a professional legal adviser and the adviser's client, or

(b)communications made in connection with or in contemplation of legal proceedings or for the purposes of those proceedings.

(8)In this paragraph “trader” has the same meaning as in Part 1 of this Act.

Power to seize and detain goodsU.K.

28(1)The officer may seize and detain goods other than documents (for which see paragraph 29).U.K.

(2)An officer seizing goods under this paragraph from premises which are occupied must produce evidence of the officer's identity and authority to an occupier of the premises before seizing them.

(3)The officer need not comply with sub-paragraph (2) if it is not reasonably practicable to do so.

(4)An officer seizing goods under this paragraph must take reasonable steps to—

(a)inform the person from whom they are seized that they have been seized, and

(b)provide that person with a written record of what has been seized.

(5)If, under this paragraph, an officer seizes any goods from a vending machine, the duty in sub-paragraph (4) also applies in relation to—

(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 determining the steps to be taken under sub-paragraph (4), an officer exercising a power under this paragraph in England and Wales or Northern Ireland must have regard to any relevant provision about the seizure of property made by—

(a)a code of practice under section 66 of the Police and Criminal Evidence Act 1984, or

(b)a code of practice under Article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)),

(as the case may be).

(7)Goods seized under this paragraph (except goods seized for a purpose mentioned in paragraph 19(5)(b)) may not be detained—

(a)for a period of more than 3 months beginning with the day on which they were seized, or

(b)where the goods are reasonably required to be detained for a longer period by the enforcer for a purpose for which they were seized, for longer than they are required for that purpose.

Power to seize documents required as evidenceU.K.

29(1)The officer may seize and detain documents.U.K.

(2)An officer seizing documents under this paragraph from premises which are occupied must produce evidence of the officer's identity and authority to an occupier of the premises before seizing them.

(3)The officer need not comply with sub-paragraph (2) if it is not reasonably practicable to do so.

(4)An officer seizing documents under this paragraph must take reasonable steps to—

(a)inform the person from whom they are seized that they have been seized, and

(b)provide that person with a written record of what has been seized.

(5)In determining the steps to be taken under sub-paragraph (4), an officer exercising a power under this paragraph in England and Wales or Northern Ireland must have regard to any relevant provision about the seizure of property made by—

(a)a code of practice under section 66 of the Police and Criminal Evidence Act 1984, or

(b)a code of practice under Article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (SI 1989/1341 (NI 12)),

(as the case may be).

(6)This paragraph does not confer any power on an officer to seize from a person any document which the person would be entitled to refuse to produce—

(a)in proceedings in the High Court on the grounds of legal professional privilege, or

(b)in proceedings in the Court of Session on the grounds of confidentiality of communications.

(7)In sub-paragraph (6) “communications” means—

(a)communications between a professional legal adviser and the adviser's client, or

(b)communications made in connection with or in contemplation of legal proceedings or for the purposes of those proceedings.

(8)Documents seized under this paragraph may not be detained—

(a)for a period of more than 3 months beginning with the day on which they were seized, or

(b)where the documents are reasonably required to be detained for a longer period by the enforcer for the purposes of the proceedings for which they were seized, for longer than they are required for those purposes.

Power to decommission or switch off fixed installationsU.K.

30(1)The power in sub-paragraph (2) is available to an officer of a domestic enforcer acting pursuant to the duty in [F146regulation 52(1)(a)(ii) or (b)(ii) of the Electromagnetic Compatibility Regulations (S.I. 2016/1091)].U.K.

(2)The officer may decommission or switch off any fixed installation (as defined in those Regulations) or part of such an installation.

[F14730A(1)The power in sub-paragraph (2) is available to an officer of a domestic enforcer acting [F148pursuant to— U.K.

(a)the duty in regulation 61(1A) or (1B) of the Medical Devices Regulations 2002 (S.I. 2002/618),

(b)a duty in regulations made under section 15(1) of the Medicines and Medical Devices Act 2021, or

(c)the duty in regulation 26 of the Medical Devices (Northern Ireland Protocol) Regulations 2021.]

(2)The officer may decommission or switch off any [F149relevant medical device] which is installed at a given location.

[F150(3)In sub-paragraph (2), “relevant medical device” means—

(a)where a domestic enforcer is acting pursuant to a duty mentioned in sub-paragraph (1)(a) or (b), any medical device to which the Medical Devices Regulations 2002 apply;

(b)where a domestic enforcer is acting pursuant to the duty mentioned in sub-paragraph (1)(c), any medical device to which Regulation (EU) 2017/745 on medical devices [F151or Regulation (EU) 2017/746 on in vitro diagnostic medical devices] applies.]]

Power to break open container etcU.K.

31(1)The officer may, for the purpose of exercising any of the powers in paragraphs 28 to [F15230A], require a person with authority to do so to—U.K.

(a)break open any container,

(b)open any vending machine, or

(c)access any electronic device in which information may be stored or from which it may be accessed.

(2)Where a requirement under sub-paragraph (1) has not been complied with, the officer may, for the purpose of exercising any of the powers in paragraphs 28 to [F15330A]—

(a)break open the container,

(b)open the vending machine, or

(c)access the electronic device.

(3)Sub-paragraph (1) or (2) applies if and to the extent that the exercise of the power in that sub-paragraph is reasonably necessary for the purposes for which that power may be exercised.

(4)In this paragraph “container” means anything in which goods may be stored.

Power to enter premises with warrantU.K.

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—U.K.

(a)condition A or B is met, and

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

(2)Condition A is that on [F154, or accessible from,] the premises there are—

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

(b)documents 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)in the case of [F155an authorised enforcer], there has been or is about to be a [F156relevant infringement (as defined by paragraph 20(8))], or

(c)in the case of [F157an authorised enforcer], there has been a failure to comply with a measure specified in paragraph 20(3)(b), (c) or (d).

(4)Condition 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 [F158, or accessible from,] the premises would be concealed or interfered with [F159, or access to them would otherwise be restricted,] 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 purpose 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 read 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 read as a reference to a written complaint.

Entry to premises under warrantU.K.

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.U.K.

(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 equipment, 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)On 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.

Power to require assistance from person on premisesU.K.

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.U.K.

(2)Sub-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)the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 (SR 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 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 regulation 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 PartU.K.

35U.K.In 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;

• “product” means—

  (a)

  goods,

  (b)

  a service,

  (c)

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

  (d)

  immovable property, or

  (e)

  rights or obligations.

PART 5U.K.Provisions supplementary to Parts 3 and 4

Offence of obstructionU.K.

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

(a)intentionally 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 Schedule, 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 Schedule.

(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)Nothing 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 officerU.K.

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.U.K.

(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)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 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) of 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 documentsU.K.

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.U.K.

(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 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, the 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 photograph 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 which 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 thing immediately before it was seized include a representative of such a person.

Notice of testing of goodsU.K.

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 result—U.K.

(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)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)The 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)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)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.

Appeals against detention of goods and documentsU.K.

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.U.K.

(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 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)to 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 paragraph, 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)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 seized 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)proceedings 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 magistrates' 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 such 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)) (statements of case).

CompensationU.K.

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).U.K.

(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 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, and

(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 [F160an authorised enforcer for the purposes of Part 4 of this Schedule (see paragraph 20(7))] is that—

(a)the goods have not disclosed a [F161relevant infringement (as defined by paragraph 20(8))] 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 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)in 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 PartU.K.

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

PART 6U.K.Exercise of enforcement functions by area enforcers

Interpretation of this PartU.K.

43U.K.In this Part, “area enforcer” means—

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

(b)a district council in England, or

(c)a district council in Northern Ireland.

Investigatory powersU.K.

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.U.K.

(2)Sub-paragraphs (3) to (6) also apply in relation to an area enforcer's exercise of 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)conferred 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 the 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 which 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 proceedingsU.K.

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

[F162(a)Chapter 3 of Part 3 of the Digital Markets, Competition and Consumers Act 2024,]

(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)legislation 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 forfeiture 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 by 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 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 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 of conduct in a part of Northern Ireland which is outside that council's district.

Criminal proceedingsU.K.

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 England or Wales which is outside that authority's area.U.K.

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