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Timeshare Act 1992 (repealed)

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Changes over time for: SCHEDULE 2

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Version Superseded: 23/02/2011

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Section 10.

[F1SCHEDULE 2]U.K. Enforcement

Textual Amendments

F1Sch. renumbered as Sch. 2 (29.4.1997) by S.I. 1997/1081, reg. 3(2)

Enforcement authorityU.K.

1(1)Every local weights and measures authority in Great Britain shall be an enforcement authority for the purposes of this Schedule, and it shall be the duty of each such authority to enforce the provisions of this Act within their area.U.K.

(2)The Department of Economic Development in Northern Ireland shall be an enforcement authority for the purposes of this Schedule, and it shall be the duty of the Department to enforce the provisions of this Act within Northern Ireland.

Commencement Information

I1Sch. wholly in force at 12.10.1992 see s. 13(2) and S.I. 1992/1941, art. 2

ProsecutionsU.K.

2F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

(2)Nothing in paragraph 1 above shall authorise a local weights and measures authority to bring proceedings in Scotland for an offence.

Textual Amendments

Commencement Information

I2Sch. wholly in force at 12.10.1992 see s. 13(2) and S.I. 1992/1941, art. 2

Powers of officers of enforcement authorityU.K.

3(1)If a duly authorised officer of an enforcement authority has reasonable grounds for suspecting that an offence under [F3any of sections 1A to 2 or 5B] of this Act has been committed, he may—U.K.

(a)require a person carrying on or employed in a business to produce any book or document relating to the business, and take copies of it or any entry in it, or

(b)require such a person to produce in a visible and legible documentary form[F4or from which it can readily be produced in a visible and legible form] any information so relating which is [F5stored in any electronic form], and take copies of it,

for the purposes of ascertaining whether such an offence has been committed.

(2)If such an officer has reasonable grounds for believing that any documents may be required as evidence in proceedings for such an offence, he may seize and detain them and shall, if he does so, inform the person from whom they are seized.

(3)The powers of an officer under this paragraph may be exercised by him only at a reasonable hour and on production (if required) of his credentials.

(4)Nothing in this paragraph requires a person to produce, or authorises the taking from a person of, a document which he could not be compelled to produce in civil proceedings before the High Court or (in Scotland) the Court of Session.

Textual Amendments

F3Words in Sch. 2 (as renumbered) para. 3(1) substituted (29.4.1997) by S.I. 1997/1081, reg. 13(4)

Modifications etc. (not altering text)

C1Sch. 2 para. 3(2) powers of seizure extended (1.4.2003) by Criminal Justice and Police Act 2001 (c. 16), ss. 50, 138(2), Sch. 1 para. 56 (with ss. 52-54, 68); S.I. 2003/708, art. 2(a)

Commencement Information

I3Sch. wholly in force at 12.10.1992 see s. 13(2) and S.I. 1992/1941, art. 2

4(1)A person who—U.K.

(a)intentionally obstructs an officer of an enforcement authority acting in pursuance of this Schedule,

(b)without reasonable excuse fails to comply with a requirement made of him by such an officer under paragraph 3(1) above, or

(c)without reasonable excuse fails to give an officer of an enforcement authority acting in pursuance of this Schedule any other assistance or information which the officer has reasonably required of him for the purpose of the performance of the officer’s functions under this Schedule,

is guilty of an offence.

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

(3)If a person, in giving information to an officer of an enforcement authority who is acting in pursuance of this Schedule—

(a)makes a statement which he knows is false in a material particular, or

(b)recklessly makes a statement which is false in a material particular,

he is guilty of an offence.

(4)A person guilty of an offence under sub-paragraph (3) above is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum, and

(b)on conviction on indictment, to a fine.

Commencement Information

I4Sch. wholly in force at 12.10.1992 see s. 13(2) and S.I. 1992/1941, art. 2

Disclosure of informationU.K.

F65U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I5Sch. wholly in force at 12.10.1992 see s. 13(2) and S.I. 1992/1941, art. 2

Privilege against self-incriminationU.K.

6U.K.Nothing in this Schedule requires a person to answer any question or give any information if to do so might incriminate him.

Commencement Information

I6Sch. wholly in force at 12.10.1992 see s. 13(2) and S.I. 1992/1941, art. 2

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