Section 93 | Enforcement of this Chapter

From legislation.gov.uk

(1)A local weights and measures authority in Great Britain may enforce the provisions of this Chapter in its area.

(2)The Department of Enterprise, Trade and Investment may enforce the provisions of this Chapter in Northern Ireland.

(2A)The Competition and Markets Authority may also enforce the provisions of this Chapter.^F1

(3)Each of the bodies referred to in subsections (1) , (2) and (2A) is an “enforcement authority” for the purposes of this Chapter.^F2

(4)Where an enforcement authority is satisfied on the balance of probabilities that a person has breached a duty or prohibition imposed by this Chapter, the authority may impose a financial penalty on the person in respect of that breach.

(5)But in the case of a breach of a duty in section 90 or a prohibition in an enforcement authority may not impose a financial penalty on a person (“P”) if the authority is satisfied on the balance of probabilities that—

(a)the breach was due to—

(i)a mistake,

(ii)reliance on information supplied to P by another person,

(iii)the act or default of another person,

(iv)an accident, or

(v)another cause beyond P's control, and

(b)P took all reasonable precautions and exercised all due diligence to avoid the breach.

(6)A local weights and measures authority in England and Wales may impose a penalty under this section in respect of a breach which occurs in England and Wales but outside that authority's area (as well as in respect of a breach which occurs within that area).

(7)A local weights and measures authority in Scotland may impose a penalty under this section in respect of a breach which occurs in Scotland but outside that authority's area (as well as in respect of a breach which occurs within that area).

(8)Only one penalty under this section may be imposed on the same person in respect of the same breach.

(9)The amount of a financial penalty imposed under this section—

(a)may be such as the enforcement authority imposing it determines, but

(b)must not exceed £5,000.

(10) (procedure for and appeals against financial penalties) has effect.

(11)References in this section to this Chapter do not include .