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PART 8 U.K.ENFORCEMENT

Enforcement authoritiesU.K.

32.—(1) “Enforcement authority” means—

(a)a local weights and measures authority in Great Britain (within the meaning of section 69 of the Weights and Measures Act 1985 M1);

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

(2) An enforcement authority in Great Britain must enforce these Regulations within its area.

(3) The enforcement authority in Northern Ireland must enforce these Regulations within Northern Ireland.

(4) Nothing in this regulation authorises any enforcement authority to bring proceedings in Scotland for an offence under these Regulations.

Powers of officersU.K.

F133.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Obstruction of authorised officersU.K.

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

(a)intentionally obstructs an officer of an enforcement authority acting in pursuance of these Regulations,

(b)intentionally fails to comply with any requirement properly made of the person by such an officer under regulation 33,

(c)without reasonable cause fails to give such an officer any other assistance or information which the officer may reasonably require of the person for the purpose of the officer's functions under these Regulations.

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

(3) A person commits an offence if the person, in giving information to an officer of an enforcement authority who is acting in pursuance of these Regulations—

(a)makes a statement which the person knows to be false in a material particular, or

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

(4) A person guilty of an office under paragraph (3) is liable—

(a)on summary conviction to a fine not exceeding level 5 on the standard scale, or

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

Civil proceedingsU.K.

35.—(1) The obligation to comply with regulation 12(1) is a duty owed by the trader who proposes to enter into a regulated contract to any person with whom the trader is required to provide with information under that provision.

(2) The obligation to comply with Regulations 15(1), 16(1), 17(1) and 18(2) is, in each case, a duty owed by the trader who enters into a regulated contract to the consumer.

(3) The obligation to comply with regulation 23(3) is a duty owed by the trader who enters into a regulated contract to the creditor under a related credit agreement.

(4) A contravention of any of the obligations mentioned in paragraphs (1) to (3) is to be actionable accordingly.

(5) Liability by virtue of paragraphs (1) to (3) is not to be limited or excluded by any contractual term, by any notice or by any other provision.