Section 198A: Enforcement by local weights and measures authority

Section 198 Index Section 199

198A.- (1) It is the duty of every local weights and measures authority to enforce within their area the provisions of section 198.

(2) The following provisions of the Trade Descriptions Act 1968 apply in relation to the enforcement of that section by such an authority as in relation to the enforcement of that Act-
  • section 27 (power to make test purchases),
  • section 28 (power to enter premises and inspect and seize goods and documents),
  • section 29 (obstruction of authorised officers), and
  • section 33 (compensation for loss, &c. of goods seized).

(3) Subsection (1) above does not apply in relation to the enforcement of section 198 in Northern Ireland, but it is the duty of the Department of Economic Development to enforce that section in Northern Ireland.
For that purpose the provisions of the Trade Descriptions Act 1968 specified in subsection (2) apply as if for the references to a local weights and measures authority and any officer of such an authority there were substituted references to that Department and any of its officers.

(4) Any enactment which authorises the disclosure of information for the purpose of facilitating the enforcement of the Trade Descriptions Act 1968 shall apply as if section 198 were contained in that Act and as if the functions of any person in relation to the enforcement of that section were functions under that Act.

(5) Nothing in this section shall be construed as authorising a local weights and measures authority to bring proceedings in Scotland for an offence.

Notes:
This section inserted by section 165 of the Criminal Justice and Public Order Act 1994, as commenced by the Criminal Justice and Public Order Act 1994 (Commencement No. 14) Order 2007 from 6 April 2007.