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Consumer Rights Act 2015

Type Public General Act

Publication 2015-03-26

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Paragraphs 14 (determination of price after consumer bound) and 15 (increase in price) do not include a term which is a price-indexation clause (where otherwise lawful), if the method by which prices vary is explicitly described.

SCHEDULE 3

Application of Schedule

1

This Schedule applies to—

(a) a term of a consumer contract,

(b) a term proposed for use in a consumer contract,

(d) a consumer notice.

Consideration of complaints

2

(1) A regulator may consider a complaint about a term or notice to which this Schedule applies (a “relevant complaint”).

(2) If a regulator other than the CMA intends to consider a relevant complaint, it must notify the CMA that it intends to do so, and must then consider the complaint.

(3) If a regulator considers a relevant complaint, but decides not to make an application under paragraph 3 in relation to the complaint, it must give reasons for its decision to the person who made the complaint.

Application for injunction or interdict

3

(1) A regulator may apply for an injunction or (in Scotland) an interdict against a person if the regulator thinks that—

(a) the person is using, or proposing or recommending the use of, a term or notice to which this Schedule applies, and

(b) the term or notice falls within any one or more of sub-paragraphs (2), (3) or (5).

(2) A term or notice falls within this sub-paragraph if it purports to exclude or restrict liability of the kind mentioned in—

(a) section 31 (exclusion of liability: goods contracts),

(b) section 47 (exclusion of liability: digital content contracts),

(d) section 65(1) (business liability for death or personal injury resulting from negligence).

(3) A term or notice falls within this sub-paragraph if it is unfair to any extent.

(4) A term within paragraph 1(1)(b) or (c) (but not within paragraph 1(1)(a)) is to be treated for the purposes of section 62(4) and (5) (assessment of fairness) as if it were a term of a contract.

(5) A term or notice falls within this sub-paragraph if it breaches section 68 (requirement for transparency).

(6) A regulator may apply for an injunction or interdict under this paragraph in relation to a term or notice whether or not it has received a relevant complaint about the term or notice.

Notification of application

4

(1) Before making an application under paragraph 3, a regulator other than the CMA must notify the CMA that it intends to do so.

(2) The regulator may make the application only if—

(a) the period of 14 days beginning with the day on which the regulator notified the CMA has ended, or

(b) before the end of that period, the CMA agrees to the regulator making the application.

Determination of application

5

(1) On an application for an injunction under paragraph 3, the court may grant an injunction on such conditions, and against such of the respondents, as it thinks appropriate.

(2) On an application for an interdict under paragraph 3, the court may grant an interdict on such conditions, and against such of the defenders, as it thinks appropriate.

(3) The injunction or interdict may include provision about—

(a) a term or notice to which the application relates, or

(b) any term of a consumer contract, or any consumer notice, of a similar kind or with a similar effect.

(4) It is not a defence to an application under paragraph 3 to show that, because of a rule of law, a term to which the application relates is not, or could not be, an enforceable contract term.

(5) If a regulator other than the CMA makes the application, it must notify the CMA of—

(a) the outcome of the application, and

(b) if an injunction or interdict is granted, the conditions on which, and the persons against whom, it is granted.

Undertakings

6

(1) A regulator may accept an undertaking from a person against whom it has applied, or thinks it is entitled to apply, for an injunction or interdict under paragraph 3.

(2) The undertaking may provide that the person will comply with the conditions that are agreed between the person and the regulator about the use of terms or notices, or terms or notices of a kind, specified in the undertaking.

(3) If a regulator other than the CMA accepts an undertaking, it must notify the CMA of—

(a) the conditions on which the undertaking is accepted, and

(b) the person who gave it.

Publication, information and advice

7

(1) The CMA must arrange the publication of details of—

(a) any application it makes for an injunction or interdict under paragraph 3,

(b) any injunction or interdict under this Schedule, and

(2) The CMA must respond to a request whether a term or notice, or one of a similar kind or with a similar effect, is or has been the subject of an injunction, interdict or undertaking under this Schedule.

(3) Where the term or notice, or one of a similar kind or with a similar effect, is or has been the subject of an injunction or interdict under this Schedule, the CMA must give the person making the request a copy of the injunction or interdict.

(4) Where the term or notice, or one of a similar kind or with a similar effect, is or has been the subject of an undertaking under this Schedule, the CMA must give the person making the request—

(a) details of the undertaking, and

(b) if the person giving the undertaking has agreed to amend the term or notice, a copy of the amendments.

(5) The CMA may arrange the publication of advice and information about the provisions of this Part.

(6) In this paragraph—

(a) references to an injunction or interdict under this Schedule are to an injunction or interdict granted on an application by the CMA under paragraph 3 or notified to it under paragraph 5, and

(b) references to an undertaking are to an undertaking given to the CMA under paragraph 6 or notified to it under that paragraph.

Meaning of “regulator”

8

(1) In this Schedule “regulator” means—

(a) the CMA,

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

(d) the Financial Conduct Authority,

(e) the Office of Communications,

(f) the Information Commissioner,

(g) the Gas and Electricity Markets Authority,

(h) the Water Services Regulation Authority,

(i) the Office of Rail and Road,

(j) the Northern Ireland Authority for Utility Regulation, or

(k) the Consumers' Association.

(2) The Secretary of State may by order made by statutory instrument amend sub-paragraph (1) so as to add, modify or remove an entry.

(3) An order under sub-paragraph (2) may amend sub-paragraph (1) so as to add a body that is not a public authority only if the Secretary of State thinks that the body represents the interests of consumers (or consumers of a particular description).

(4) The Secretary of State must publish (and may from time to time vary) other criteria to be applied by the Secretary of State in deciding whether to add an entry to, or remove an entry from, sub-paragraph (1).

(5) An order under sub-paragraph (2) may make consequential amendments to this Schedule (including with the effect that any of its provisions apply differently, or do not apply, to a body added to sub-paragraph (1)).

(6) An order under sub-paragraph (2) may contain transitional or transitory provision or savings.

(7) No order may be made under sub-paragraph (2) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, each House of Parliament.

(8) In this paragraph “public authority” has the same meaning as in section 6 of the Human Rights Act 1998.

Other definitions

9

In this Schedule—

“the CMA” means the Competition and Markets Authority;

“injunction” includes an interim injunction;

“interdict” includes an interim interdict.

The Financial Conduct Authority

10

The functions of the Financial Conduct Authority under this Schedule are to be treated as functions of the Authority under the Financial Services and Markets Act 2000.

SCHEDULE 4

Misrepresentation Act 1967 (c. 7)

1

(1) Section 3 of the Misrepresentation Act 1967 (avoidance of provision excluding liability for misrepresentation) is amended as follows.

(2) At the beginning insert “ (1) ”.

(3) At the end insert—

(2) This section does not apply to a term in a consumer contract within the meaning of Part 2 of the Consumer Rights Act 2015 (but see the provision made about such contracts in section 62 of that Act).

Unfair Contract Terms Act 1977 (c. 50)

2

The Unfair Contract Terms Act 1977 is amended as follows.

3

In section 1(2) (scope of Part 1) for “to 4” substitute “ , 3 ”.

4

In section 2 (negligence liability), after subsection (3) insert—

(4) This section does not apply to— (a) a term in a consumer contract, or (b) a notice to the extent that it is a consumer notice, (but see the provision made about such contracts and notices in sections 62 and 65 of the Consumer Rights Act 2015).

5

(1) Section 3 (liability arising in contract) is amended as follows.

(2) In subsection (1) omit “as consumer or”.

(3) After subsection (2) insert—

(3) This section does not apply to a term in a consumer contract (but see the provision made about such contracts in section 62 of the Consumer Rights Act 2015).

6

Omit section 4 (unreasonable indemnity clauses).

7

Omit section 5 (“guarantee” of consumer goods).

8

(1) Section 6 (sale and hire-purchase) is amended as follows.

(2) After subsection (1) insert—

(1A) Liability for breach of the obligations arising from— (a) section 13, 14 or 15 of the 1979 Act (seller's implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose); (b) section 9, 10 or 11 of the 1973 Act (the corresponding things in relation to hire purchase), cannot be excluded or restricted by reference to a contract term except in so far as the term satisfies the requirement of reasonableness.

(3) Omit subsections (2) and (3).

(4) After subsection (4) insert—

(5) This section does not apply to a consumer contract (but see the provision made about such contracts in section 31 of the Consumer Rights Act 2015).

9

(1) Section 7 (miscellaneous contracts under which goods pass) is amended as follows.

(2) After subsection (1) insert—

(1A) Liability in respect of the goods' correspondence with description or sample, or their quality or fitness for any particular purpose, cannot be excluded or restricted by reference to such a term except in so far as the term satisfies the requirement of reasonableness.

(3) Omit subsections (2) and (3).

(4) After subsection (4) insert—

(4A) This section does not apply to a consumer contract (but see the provision made about such contracts in section 31 of the Consumer Rights Act 2015).

10

Omit section 9 (effect of breach of contract).

11

Omit section 12 (“dealing as consumer”).

12

In section 13(1) (varieties of exemption clauses) for “and 5 to” substitute “ , 6 and ”.

13

In section 14 (interpretation of Part 1), at the appropriate places insert—

“consumer contract” has the same meaning as in the Consumer Rights Act 2015 (see section 61);

;

“consumer notice” has the same meaning as in the Consumer Rights Act 2015 (see section 61);

14

(1) Section 15 (scope of Part 2) is amended as follows.

(2) In subsection (2) for “to 18” substitute “ and 17 ”.

(3) In subsection (3)—

(a) for “to 18” substitute “ and 17 ”, and

(b) in paragraph (b) omit sub-paragraph (ii) and the “or” preceding it.

15

In section 16 (liability for breach of duty), after subsection (3) insert—

(4) This section does not apply to— (a) a term in a consumer contract, or (b) a notice to the extent that it is a consumer notice, (but see the provision made about such contracts and notices in sections 62 and 65 of the Consumer Rights Act 2015).

16

(1) Section 17 (control of unreasonable exemptions in consumer or standard form contracts) is amended as follows.

(2) In the heading omit “consumer or”.

(3) In subsection (1)—

(a) omit “a consumer contract or”,

(b) in paragraph (a) omit “consumer or”, and

(4) After subsection (2) insert—

(3) This section does not apply to a term in a consumer contract (but see the provision made about such contracts in section 62 of the Consumer Rights Act 2015).

17

Omit section 18 (unreasonable indemnity clauses in consumer contracts).

18

Omit section 19 (“guarantee” of consumer goods).

19

(1) Section 20 (obligations implied by law in sale and hire-purchase contracts) is amended as follows.

(2) After subsection (1) insert—

(1A) Any term of a contract which purports to exclude or restrict liability for breach of the obligations arising from— (a) section 13, 14 or 15 of the 1979 Act (seller's implied undertakings as to conformity of goods with description or sample, or as to their quality or fitness for a particular purpose); (b) section 9, 10 or 11 of the 1973 Act (the corresponding things in relation to hire purchase), shall have effect only if it was fair and reasonable to incorporate the term in the contract. (1B) This section does not apply to a consumer contract (but see the provision made about such contracts in section 31 of the Consumer Rights Act 2015).

(3) Omit subsection (2).

20

(1) Section 21 (obligations implied by law in other contracts for the supply of goods) is amended as follows.

(2) In subsection (1), for paragraphs (a) and (b) substitute “ such as is referred to in subsection (3) below shall have no effect if it was not fair and reasonable to incorporate the term in the contract. ”

(3) In subsection (2)(b) omit “unless it is a consumer contract (and then only in favour of the consumer)”.

(4) After subsection (3A) insert—

(3B) This section does not apply to a consumer contract (but see the provision made about such contracts in section 31 of the Consumer Rights Act 2015).

21

Omit section 22 (consequence of breach of contract).

22

(1) Section 25 (interpretation of Part 2) is amended as follows.

(2) In subsection (1)—

(a) omit the definition of “consumer”,

(b) for the definition of “consumer contract” substitute—

“consumer contract” has the same meaning as in the Consumer Rights Act 2015 (see section 61);

, and

“consumer notice” has the same meaning as in the Consumer Rights Act 2015 (see section 61);

(3) Omit subsections (1A) and (1B).

(4) In subsection (5), for “and 16 and 19 to” substitute “ , 16, 20 and ”.

23

In section 26(2) (international supply contracts) omit “or 4”.

24

(1) Section 27 (choice of law clauses) is amended as follows.

(2) In subsection (2)—

(a) omit “(either or both)”, and

(b) omit paragraph (b) and the “or” preceding it.

(3) Omit subsection (3).

25

Omit section 28 (temporary provision for sea carriage of passengers).

26

(1) Schedule 1 (scope of sections 2 to 4 and 7) is amended as follows.

(2) In the heading, for “to 4” substitute “ , 3 ”.

(3) In paragraph 1, for “to 4” substitute “ and 3 ”.

(4) In paragraph 2—

(a) for “to 4” substitute “ , 3 ”, and

(b) omit “except in favour of a person dealing as consumer”.

(5) In paragraph 3—

(a) for “, 3 and 4” substitute “ and 3 ”, and

(b) omit “, except in favour of a person dealing as consumer,”.

27

In Schedule 2 (“guidelines” for application of reasonableness test), for “6(3), 7(3) and (4),” substitute “ 6(1A), 7(1A) and (4), ”.

Companies Act 1985 (c. 6)

28

(1) Schedule 15D to the Companies Act 1985 (specified descriptions of disclosures for the purposes of section 449) is amended as follows.

(2) In paragraph 17—

(a) omit paragraph (i), and

(b) after paragraph (l) insert—

(m) Schedule 3 to the Consumer Rights Act 2015

(3) For paragraph 25 substitute—

(25) A disclosure for the purposes of enabling or assisting a regulator under Schedule 3 to the Consumer Rights Act 2015 other than the Competition and Markets Authority to exercise its functions under that Schedule.

Merchant Shipping Act 1995 (c. 21)

29

In section 184 of the Merchant Shipping Act 1995 (application of Schedule 6 to carriage within British Islands) omit subsection (2).

Arbitration Act 1996 (c. 23)

30

The Arbitration Act 1996 is amended as follows.

31

(1) Section 89 (application of unfair terms regulations to consumer arbitration agreements) is amended as follows.

(2) In subsection (1), for “the Unfair Terms in Consumer Contracts Regulations 1994” substitute “ Part 2 (unfair terms) of the Consumer Rights Act 2015 ”.

(3) For subsection (2) substitute—

(2) In those sections “the Part” means Part 2 (unfair terms) of the Consumer Rights Act 2015.

32

For section 90 (regulations apply where consumer is a legal person) substitute—

(90) The Part applies where the consumer is a legal person as it applies where the consumer is an individual.

33

In section 91(1) (arbitration agreement unfair where modest amount sought) for “Regulations” substitute “ Part ”.

Unfair Terms in Consumer Contracts Regulations 1999 (S.I. 1999/2083)

34

The Unfair Terms in Consumer Contracts Regulations 1999 are revoked.

Enterprise Act 2002 (c. 40)

35

In Schedule 15 to the Enterprise Act 2002 (enactments for the purposes of which disclosures may be made), at the end insert— “ Schedule 3 to the Consumer Rights Act 2015. ”

Companies Act 2006 (c. 46)

36

The Companies Act 2006 is amended as follows.

37

(1) Section (A) of Part 2 of Schedule 2 (specified descriptions of disclosures for the purposes of section 948) is amended as follows.

(2) In paragraph 25—

(a) omit paragraph (h), and

(b) after paragraph (k) insert—

(l) Schedule 3 to the Consumer Rights Act 2015

(3) For paragraph 33 substitute—

(33) A disclosure for the purposes of enabling or assisting a regulator under Schedule 3 to the Consumer Rights Act 2015 other than the Competition and Markets Authority to exercise its functions under that Schedule.

38

(1) Part 2 of Schedule 11A (specified descriptions of disclosures for the purposes of section 1224A) is amended as follows.

(2) In paragraph 39, for paragraph (i) insert—

(i) Schedule 3 to the Consumer Rights Act 2015

(3) For paragraph 48 substitute—

(48) A disclosure for the purposes of enabling or assisting a regulator under Schedule 3 to the Consumer Rights Act 2015 other than the Competition and Markets Authority to exercise its functions under that Schedule.

Consequential repeals

39

In consequence of the amendments made by this Schedule—

(a) omit paragraph 19(b) of Schedule 2 to the Sale of Goods Act 1979, and

(b) in paragraph 21 of that Schedule, omit “and (2)(a)” and “(in each case)”.

SCHEDULE 5

PART 1 — Basic concepts

Overview

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.

(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.

Enforcers

2

(1) In this Schedule “enforcer” means—

(a) a domestic enforcer,

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

(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

(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 enforcers

3

(1) In this Schedule “domestic enforcer” means—

(a) the Competition and Markets Authority,

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

(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,

(ga) the Department for Infrastructure in Northern Ireland,

(gb) the Utility Regulator in Northern Ireland,

(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.

EU enforcers

4.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public designated enforcers

5

In this Schedule “public designated enforcer” means a person or body which 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

Unfair contract terms enforcer

6

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.

Officers

7

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

(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 terms

8

In this Schedule—

“document” includes information recorded in any form;

“enforcement order” means an order under section 156 of the Digital Markets, Competition and Consumers Act 2024;

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

“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 section 159 of that Act;

“interim online interface order” means an order under section 162 of that Act;

“online interface order” means an order under section 161 of that Act;

“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.

“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;

“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.

“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;

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

PART 2 — The enforcer's legislation

Enforcer’s legislation

9

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

(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.

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

Enforcer’s legislation: duties and powers mentioned in paragraph 9(1)(a)

10

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 and 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;

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;

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

regulation 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) so 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);

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

the 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);

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

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

section 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);

regulation 23(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (S.I. 2013/3134);

section 87(1) of this Act;

section 93(1) , (2) or (2A) of this Act;

regulation 7(1) of the Packaging (Essential Requirements) Regulations 2015;

regulation 53 of the Tobacco and Related Products Regulations 2016 (S.I. 2016/507);

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

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

regulation 61(1) or (2) of the Lifts Regulations 2016 (S.I. 2016/1093);

regulation 41(1) or (2) of the Electrical Equipment (Safety) Regulations 2016 (S.I. 2016/1101);

regulation 67(1) or (2) of the Pressure Equipment (Safety) Regulations 2016 (S.I. 2016/1105);

regulation 62 of the Non-automatic Weighing Instruments Regulations 2016 (S.I. 2016/1152);

regulation 67 of the Measuring Instruments Regulations 2016 (S.I. 2016/1153);

regulation 66(1) or (2) of the Recreational Craft Regulations 2017 (S.I. 2017/737);

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

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

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

regulation 31 of the Package Travel and Linked Travel Arrangements Regulations 2018 (S.I. 2018/634);

regulations 5 and 8 of the Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2019

section 64 of the Offensive Weapons Act 2019;

section 6 of the Tenant Fees Act 2019;

section 7 of the Tenant Fees Act 2019;

section 26 of the Tenant Fees Act 2019

section 20(1) and (3) of the Birmingham Commonwealth Games Act 2020;

regulation 26 of the Medical Devices (Northern Ireland Protocol) Regulations 2021;

section 4 of the Botulinum Toxin and Cosmetic Fillers (Children) Act 2021;

section 8 of the Leasehold Reform (Ground Rent) Act 2022;

section 26(1) of the Product Security and Telecommunications Infrastructure Act 2022;

section 4(1) of the Animals (Low-Welfare Activities Abroad) Act 2023;

section 3 of the Equipment Theft (Prevention) Act 2023;

section 231(1), (2) or (3) of the Digital Markets, Competition and Consumers Act 2024.

Enforcer’s legislation: legislation mentioned in paragraph 9(1)(b)

11

Here is the table mentioned in paragraph 9(1)(b)—

Powers to amend paragraph 10 or 11

12

(1) The Secretary of State may by order made by statutory instrument—

(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,

(d) Northern Ireland legislation.

PART 3 — Powers in relation to the production of information

Exercise of powers in this Part

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.

(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 Chapter 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 Chapter 3 of that Part;

(d) to ascertain whether a person has complied with or is complying with an 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 Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024;

(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 Britain or the Department of Enterprise, Trade and Investment in Northern Ireland ... 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 Chapter 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 , 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 section 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 section 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 Article 2(18) of the Regulation on Accreditation and Market Surveillance Article 3(4) of the Market Surveillance Regulation and the power is exercised for the purpose of market surveillance within the meaning of Article 2(17) of that Regulation Article 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 , 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—

“private designated enforcer” means a person or body which 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 information

14

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 14

15

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

(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 must 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.

(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 14

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.

(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—the High Court,in relation to England and Wales, the county court,in relation to Northern Ireland, a county court,the Court of Session, orthe sheriff;

“official” means—in the case of a company, a director, manager, secretary or other similar officer,in the case of a limited liability partnership, a member,in the case of a partnership other than a limited liability partnership, a partner, andin the case of an unincorporated association, a person who is concerned in the management or control of its affairs.

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

17

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

(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).

Application to Crown

18

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 Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024,

this Part binds the Crown.

PART 4 — Further powers exercisable by domestic enforcers and authorised enforcers

Exercise of powers in this Part: domestic enforcers

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.

(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 Article 2(18) of the Regulation on Accreditation and Market Surveillance Article 3(4) of the Market Surveillance Regulation and the power is exercised for the purpose of market surveillance within the meaning of Article 2(17) of that Regulation Article 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.

(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 a 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, ...

(iv) Regulation (EU) 2017/745 on medical devices, ... or

(v) Regulation (EU) 2017/746 on in vitrodiagnostic 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: EU enforcers

20

(1) Any power in this Part of this Schedule which is conferred on an 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.

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

(3) The condition is that an officer of the authorised enforcer reasonably suspects—

(a) that there has been, or is likely to be, a relevant infringement,

(b) a failure to comply with an 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 section 156(2)(b) or section 159(2)(b) of the Digital Markets, Competition and Consumers Act 2024 following such an application, ...

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

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

(3A) An 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 Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024.

(4) An 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 Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024.

(5) An 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 relevant 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 Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024.

(6) An 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 Chapter 3 or 4 of Part 3 of the Digital Markets, Competition and Consumers Act 2024.

(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;

(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.

Power to purchase products

21

(1) An officer of an enforcer may—

(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 etc

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.

(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 warrant

23

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

(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

(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 Article 2(18) of the Regulation on Accreditation and Market Surveillance Article 3(4) of the Market Surveillance Regulation and the entry is for the purpose of market surveillance within the meaning of Article 2(17) of that Regulation Article 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—Saturday or Sunday,Christmas Day or Good Friday, ora 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 31

24

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 etc

25

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

(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 regulation 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 equipment

26

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

(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 documents

27

(1) The officer may, at any reasonable time—

(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 goods

28

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

(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 evidence

29

(1) The officer may seize and detain documents.

(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 installations

30

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

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

Power to break open container etc

31

(1) The officer may, for the purpose of exercising any of the powers in paragraphs 28 to 30A, require a person with authority to do so to—

(a) break open any container,

(b) open any vending machine, or

(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 30A—

(a) break open the container,

(b) open the vending machine, or

(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 warrant

32

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

(a) condition A or B is met, and

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

(2) Condition A is that on , 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 an authorised enforcer, there has been or is about to be a relevant infringement (as defined by paragraph 20(8)), or

(c) in the case of an 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 , or accessible from, the premises would be concealed or interfered with , 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 warrant

33

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

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

(3) An officer entering premises under a warrant under paragraph 32 may be accompanied by such persons, and may take onto the premises such 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 premises

34

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

(2) 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 Part

35

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—goods,a service,digital content, as defined in section 2(9),immovable property, orrights or obligations.

PART 5 — Provisions supplementary to Parts 3 and 4

Offence of obstruction

36

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

(a) intentionally obstructs an enforcer or an officer of an enforcer who is 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 officer

37

(1) A person who is not an officer of an enforcer commits an offence if the person purports to act as such under Part 3 or 4 of this Schedule.

(2) A person who is guilty of an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) 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 documents

38

(1) This paragraph applies where anything seized by an officer of an enforcer under Part 4 of this Schedule is detained by the enforcer.

(2) If a request for permission to be granted access to that thing is made to the 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 goods

39

(1) Sub-paragraphs (3) and (4) apply where goods purchased by an officer of a domestic enforcer under paragraph 21 are submitted to a test and as a result—

(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

Appeals against detention of goods and documents

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.

(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

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