PART IV ENFORCEMENT OF PARTS II AND III
Section: 27. Enforcement
Section:28. Test purchases
Section:29. Powers of search etc
Section:30. Provisions supplemental to s. 29
Section:31. Power of customs officer to detain goods
Section:32. Obstruction of authonsed officer
Section:33. Appeals against detention of goods
Section:34. Compensation for seizure and detention
Section:35. Recovery of expenses of enforcement
Sec 27: Enforcement
(1)Subject to the following provisions of this section—
(a)it shall be the duty of every weights and measures authority in Great Britain to enforce within their area the safety provisions and the provisions made by or under Part III of this Act; and
(b)it shall be the duty of every district council in Northern Ireland to enforce within their area the safety provisions.
(2)The Secretary of State may by regulations—
(a)wholly or partly transfer any duty imposed by subsection (1) above on a weights and measures authority or a district council in Northern Ireland to such other person who has agreed to the transfer as is specified in the regulations;
(b)relieve such an authority or council of any such duty so far as it is exercisable in relation to such goods as may be described in the regulations.
(3)The power to make regulations under subsection (2) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and shall include power—
(a)to make different provision for different cases; and
(b)to make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
(4)Nothing in this section shall authorise any weights and measures authority, or any person on whom functions are conferred by regulations under subsection (2) above, to bring proceedings in Scotland for an offence.
Sec 28: Test purchases.
(1)An enforcement authority shall have power, for the purpose of ascertaining whether any safety provision or any provision made by or under Part III of this Act has been contravened in relation to any goods, services, accommodation or facilities—
(a)to make, or to authorise an officer of the authority to make, any purchase of any goods; or
(b)to secure, or to authorise an officer of the authority to secure, the provision of any services, accommodation or facilities.
(2)Where—
(a)any goods purchased under this section by or on behalf of an enforcement authority are submitted to a test; and
(b)the test leads to—
(i)the bringing of proceedings for an offence in respect of a contravention in relation to the goods of any safety provision or of any provision made by or under Part III of this Act or for the forfeiture of the goods under section 16 or 17 above; or
(ii)the serving of a suspension notice in respect of any goods; and
(c)the authority is requested to do so and it is practicable for the authority to comply with the request,the authority shall allow the person from whom the goods were purchased or any person who is a party to the proceedings or has an interest in any goods to which the notice relates to have the goods tested.
(3)The Secretary of State may by regulations provide that any test of goods purchased under this section by or on behalf of an enforcement authority shall—
(a)be carried out at the expense of the authority in a manner and by a person prescribed by or determined under the regulations; or
(b)be carried out either as mentioned in paragraph (a) above or by the authority in a manner prescribed by the regulations.
(4)The power to make regulations under subsection (3) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and shall include power—
(a)to make different provision for different cases; and
(b)to make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
(5)Nothing in this section shall authorise the acquisition by or on behalf of an enforcement authority of any interest in land.
Sec 29: Powers of search etc.
(1)Subject to the following provisions of this Part, a duly authorised officer of an enforcement authority may at any reasonable hour and on production, if required, of his credentials exercise any of the powers conferred by the following provisions of this section.
(2)The officer may, for the purpose of ascertaining whether there has been any contravention of any safety provision or of any provision made by or under Part III of this Act, inspect any goods and enter any premises other than premises occupied only as a person’s residence.
(3)The officer may, for the purpose of ascertaining whether there has been any contravention of any safety provision, examine any procedure (including any arrangements for carrying out a test) connected with the production of any goods.
(4)If the officer has reasonable grounds for suspecting that any goods are manufactured or imported goods which have not been supplied in the United Kingdom since they were manufactured or imported he may—
(a)for the purpose of ascertaining whether there has been any contravention of any safety provision in relation to the goods, require any person carrying on a business, or employed in connection with a business, to produce any records relating to the business;
(b)for the purpose of ascertaining (by testing or otherwise) whether there has been any such contravention, seize and detain the goods;
(c)take copies of, or of any entry in, any records produced by virtue of paragraph (a) above.
(5)If the officer has reasonable grounds for suspecting that there has been a contravention in relation to any goods of any safety provision or of any provision made by or under Part III of this Act, he may—
(a)for the purpose of ascertaining whether there has been any such contravention, require any person carrying on a business, or employed in connection with a business, to produce any records relating to the business;
(b)for the purpose of ascertaining (by testing or otherwise) whether there has been any such contravention, seize and detain the goods;
(c)take copies of, or of any entry in, any records produced by virtue of paragraph (a) above.
(6)The officer may seize and detain—
(a)any goods or records which he has reasonable grounds for believing may be required as evidence in proceedings for an offence in respect of a contravention of any safety provision or of any provision made by or under Part III of this Act;
(b)any goods which he has reasonable grounds for suspecting may be liable to be forfeited under section 16 or 17 above.
(7)If and to the extent that it is reasonably necessary to do so to prevent a contravention of any safety provision or of any provision made by or under Part III of this Act, the officer may, for the purpose of exercising his power under subsection (4), (5) or (6) above to seize any goods or records—
(a)require any person having authority to do so to open any container or to open any vending machine; and
(b)himself open or break open any such container or machine where a requirement made under paragraph (a) above in relation to the container or machine has not been complied with.
Sec 30: Provisions supplemental to s. 29.
(1)An officer seizing any goods or records under section 29 above shall inform the following persons that the goods or records have been so seized, that is to say—
(a)the person from whom they are seized; and
(b)in the case of imported goods seized on any premises under the control of the Commissioners of Customs and Excise, the importer of those goods (within the meaning of the M26Customs and Excise Management Act 1979).
(2)If a justice of the peace—
(a)is satisfied by any written information on oath that there are reasonable grounds for believing either—
(i)that any goods or records which any officer has power to inspect under section 29 above are on any premises and that their inspection is likely to disclose evidence that there has been a contravention of any safety provision or of any provision made by or under Part III of this Act; or
(ii)that such a contravention has taken place, is taking place or is about to take place on any premises; and
(b)is also satisfied by any such information either—
(i)that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this subsection has been given to the occupier; or
(ii)that an application for admission, or the giving of such a notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise any officer of an enforcement authority to enter the premises, if need be by force.
(3)An officer entering any premises by virtue of section 29 above or a warrant under subsection (2) above may take with him such other persons and such equipment as may appear to him necessary.
(4)On leaving any premises which a person is authorised to enter by a warrant under subsection (2) above, that person shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as he found them.
(5)If any person who is not an officer of an enforcement authority purports to act as such under section 29 above or this section he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(6)Where any goods seized by an officer under section 29 above are submitted to a test, the officer shall inform the persons mentioned in subsection (1) above of the result of the test and, if—
(a)proceedings are brought for an offence in respect of a contravention in relation to the goods of any safety provision or of any provision made by or under Part III of this Act or for the forfeiture of the goods under section 16 or 17 above, or a suspension notice is served in respect of any goods; and
(b)the officer is requested to do so and it is practicable to comply with the request,the officer shall allow any person who is a party to the proceedings or, as the case may be, has an interest in the goods to which the notice relates to have the goods tested.
(7)The Secretary of State may by regulations provide that any test of goods seized under section 29 above by an officer of an enforcement authority shall—
(a)be carried out at the expense of the authority in a manner and by a person prescribed by or determined under the regulations; or
(b)be carried out either as mentioned in paragraph (a) above or by the authority in a manner prescribed by the regulations.
(8)The power to make regulations under subsection (7) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and shall include power—
(a)to make different provision for different cases; and
(b)to make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
(9)In the application of this section to Scotland, the reference in subsection (2) above to a justice of the peace shall include a reference to a sheriff and the references to written information on oath shall be construed as references to evidence on oath.
(10)In the application of this section to Northern Ireland, the references in subsection (2) above to any information on oath shall be construed as references to any complaint on oath.
Sec 31: Power of customs officer to detain goods.
(1)A customs officer may, for the purpose of facilitating the exercise by an enforcement authority or officer of such an authority of any functions conferred on the authority or officer by or under Part II of this Act, or by or under this Part in its application for the purposes of the safety provisions, seize any imported goods and detain them for not more than two working days.
(2)Anything seized and detained under this section shall be dealt with during the period of its detention in such manner as the Commissioners of Customs and Excise may direct.
(3)In subsection (1) above the reference to two working days is a reference to a period of forty-eight hours calculated from the time when the goods in question are seized but disregarding so much of any period as falls on a Saturday or Sunday or on Christmas Day, Good Friday or a day which is a bank holiday under the M27Banking and Financial Dealings Act 1971 in the part of the United Kingdom where the goods are seized.
(4)In this section and section 32 below “customs officer” means any officer within the meaning of the Customs and Excise Management Act 1979.
Sec 32: Obstruction of authorised officer.
(1)Any person who—
(a)intentionally obstructs any officer of an enforcement authority who is acting in pursuance of any provision of this Part or any customs officer who is so acting; or
(b)intentionally fails to comply with any requirement made of him by any officer of an enforcement authority under any provision of this Part; or
(c)without reasonable cause fails to give any officer of an enforcement authority who is so acting any other assistance or information which the officer may reasonably require of him for the purposes of the exercise of the officer’s functions under any provision of this Part,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2)A person shall be guilty of an offence if, in giving any information which is required of him by virtue of subsection (1)(c) above—
(a)he makes any statement which he knows is false in a material particular; or
(b)he recklessly makes a statement which is false in a material particular.
(3)A person guilty of an offence under subsection (2) above shall be liable—
(a)on conviction on indictment, to a fine;
(b)on summary conviction, to a fine not exceeding the statutory maximum.
Sec 33: Appeals against detention of goods.
(1)Any person having an interest in any goods which are for the time being detained under any provision of this Part by an enforcement authority or by an officer of such an authority may apply for an order requiring the goods to be released to him or to another person.
(2)An application under this section may be made—
(a)to any magistrates’ court in which proceedings have been brought in England and Wales or Northern Ireland—
(i)for an offence in respect of a contravention in relation to the goods of any safety provision or of any provision made by or under Part III of this Act; or
(ii)for the forfeiture of the goods under section 16 above;
(b)where no such proceedings have been so brought, by way of complaint to a magistrates’ court; or
(c)in Scotland, by summary application to the sheriff.
(3)On an application under this section to a magistrates’ court or to the sheriff, an order requiring goods to be released shall be made only if the court or sheriff is satisfied—
(a)that proceedings—
(i)for an offence in respect of a contravention in relation to the goods of any safety provision or of any provision made by or under Part III of this Act; or
(ii)for the forfeiture of the goods under section 16 or 17 above,
have not been brought or, having been brought, have been concluded without the goods being forfeited; and
(b)where no such proceedings have been brought, that more than six months have elapsed since the goods were seized.
(4)Any person aggrieved by an order made under this section by a magistrates’ court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision—
(a)in England and Wales, to the Crown Court;
(b)in Northern Ireland, to the county court;and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates’ Courts Act 1980 or Article 146 of the Magistrates’ Courts (Northern Ireland) Order 1981 (statement of case)).
Sec 34: Compensation for seizure and detention.
(1)Where an officer of an enforcement authority exercises any power under section 29 above to seize and detain goods, the enforcement authority shall be liable to pay compensation to any person having an interest in the goods in respect of any loss or damage caused by reason of the exercise of the power if—
(a)there has been no contravention in relation to the goods of any safety provision or of any provision made by or under Part III of this Act; and
(b)the exercise of the power is not attributable to any neglect or default by that person.
(2)Any disputed question as to the right to or the amount of any compensation payable under this section shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.
Sec 35: Recovery of expenses of enforcement.
(1)This section shall apply where a court—
(a)convicts a person of an offence in respect of a contravention in relation to any goods of any safety provision or of any provision made by or under Part III of this Act; or
(b)makes an order under section 16 or 17 above for the forfeiture of any goods.
(2)The court may (in addition to any other order it may make as to costs or expenses) order the person convicted or, as the case may be, any person having an interest in the goods to reimburse an enforcement authority for any expenditure which has been or may be incurred by that authority—
(a)in connection with any seizure or detention of the goods by or on behalf of the authority; or
(b)in connection with any compliance by the authority with directions given by the court for the purposes of any order for the forfeiture of the goods.
UK: Consumer Protection Act, 1987 – Part 5
PART V MISCELLANEOUS AND SUPPLEMENTAL
Section: 36. Amendments of Part I of the Health and Safety at Work etc. Act 1974.
Section: 37. Power of Commissioners of Customs and Excise to disclose information.
Section: 38. Restrictions on disclosure of information.
Section: 39. Defence of due diligence.
Section: 40. Liability of persons other than principal offender.
Section: 41. Civil proceedings.
Section: 42. Reports etc.
Section: 43. Financial provisions.
Section: 44. Service of documents etc.
Section: 45. Interpretation.
Section: 46. Meaning of “supply”.
Section: 47. Savings for certain privileges.
Section: 48. Minor and consequential amendments and repeals.
Section: 49. Northern Ireland.
Section: 50. Short title, commencement and transitional provision.
Sec 36: Amendments of Part I of the Health and Safety at Work etc. Act 1974
Part I of the M1Health and Safety at Work etc. Act 1974 (which includes provision with respect to the safety of certain articles and substances) shall have effect with the amendments specified in Schedule 3 to this Act; and, accordingly, the general purposes of that Part of that Act shall include the purpose of protecting persons from the risks protection from which would not be afforded by virtue of that Part but for those amendments.
Sec 37: Power of Commissioners for Revenue and Customs to disclose information
(1)If they think it appropriate to do so for the purpose of facilitating the exercise by any person to whom subsection (2) below applies of any functions conferred on that person by or under Part II of this Act, or by or under Part IV of this Act in its application for the purposes of the safety provisions, the Commissioners for Her Majesty’s Revenue and Customs may authorise the disclosure to that person of any information obtained or held for the purposes of the exercise by Her Majesty’s Revenue and Customs of their functions in relation to imported goods.
(2)This subsection applies to an enforcement authority and to any officer of an enforcement authority.
(3)A disclosure of information made to any person under subsection (1) above shall be made in such manner as may be directed by the Commissioners for Her Majesty’s Revenue and Customs and may be made through such persons acting on behalf of that person as may be so directed.
(4)Information may be disclosed to a person under subsection (1) above whether or not the disclosure of the information has been requested by or on behalf of that person.
Sec 38: Restrictions on disclosure of information
Omitted
Sec 39: Defence of due diligence
(1)Subject to the following provisions of this section, in proceedings against any person for an offence to which this section applies it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
(2)Where in any proceedings against any person for such an offence the defence provided by subsection (1) above involves an allegation that the commission of the offence was due—
(a)to the act or default of another; or
(b)to reliance on information given by another,that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings, he has served a notice under subsection (3) below on the person bringing the proceedings.
(3)A notice under this subsection shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.
(4)It is hereby declared that a person shall not be entitled to rely on the defence provided by subsection (1) above by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular—
(a)to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
(b)to whether he had any reason to disbelieve the information.
(5)This section shall apply to an offence under section F7… , 12(1), (2) or (3), 13(4), 14(6) or 20(1) above.
Sec 40: Liability of persons other than principal offender
(1)Where the commission by any person of an offence to which section 39 above applies is due to an act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this subsection whether or not proceedings are taken against the first-mentioned person.
(2)Where a body corporate is guilty of an offence under this Act (including where it is so guilty by virtue of subsection (1) above) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3)Where the affairs of a body corporate are managed by its members, subsection (2) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Sec 41: Civil proceedings
(1) An obligation imposed by safety regulations shall be a duty owed to any person who may be affected by a contravention of the obligation and, subject to any provision to the contrary in the regulations and to the defences and other incidents applying to actions for breach of statutory duty, a contravention of any such obligation shall be actionable accordingly.
(2) This Act shall not be construed as conferring any other right of action in civil proceedings, apart from the right conferred by virtue of Part I of this Act, in respect of any loss or damage suffered in consequence of a contravention of a safety provision or of a provision made by or under Part III of this Act.
(3) Subject to any provision to the contrary in the agreement itself, an agreement shall not be void or unenforceable by reason only of a contravention of a safety provision or of a provision made by or under Part III of this Act.
(4) Liability by virtue of subsection (1) above shall not be limited or excluded by any contract term, by any notice or (subject to the power contained in subsection (1) above to limit or exclude it in safety regulations) by any other provision.
(5) Nothing in subsection (1) above shall prejudice the operation of section 12 of the Nuclear Installations Act 1965 (rights to compensation for certain breaches of duties confined to rights under that Act).
(6) In this section “damage” includes personal injury and death.
Sec 42: Reports etc
(1) It shall be the duty of the Secretary of State at least once in every five years to lay before each House of Parliament a report on the exercise during the period to which the report relates of the functions which under Part II of this Act, or under Part IV of this Act in its application for the purposes of the safety provisions, are exercisable by the Secretary of State, weights and measures authorities, district councils in Northern Ireland and persons on whom functions are conferred by regulations made under section 27(2) above.
(2) The Secretary of State may from time to time prepare and lay before each House of Parliament such other reports on the exercise of those functions as he considers appropriate.
(3) Every weights and measures authority, every district council in Northern Ireland and every person on whom functions are conferred by regulations under subsection (2) of section 27 above shall, whenever the Secretary of State so directs, make a report to the Secretary of State on the exercise of the functions exercisable by that authority or council under that section or by that person by virtue of any such regulations.
(4) A report under subsection (3) above shall be in such form and shall contain such particulars as are specified in the direction of the Secretary of State.
(5) The first report under subsection (1) above shall be laid before each House of Parliament not more than five years after the laying of the last report under section 8(2) of the Consumer Safety Act 1978.
Sec 43: Financial provisions
(1) There shall be paid out of money provided by Parliament—
(a) any expenses incurred or compensation payable by a Minister of the Crown or Government department in consequence of any provision of this Act; and
(b) any increase attributable to this Act in the sums payable out of money so provided under any other Act.
(2) Any sums received by a Minister of the Crown or Government department by virtue of this Act shall be paid into the Consolidated Fund.
Sec 44: Service of documents etc
(1)Any document required or authorised by virtue of this Act to be served on a person may be so served—
(a)by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address; or
(b)if the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary or clerk of that body; or
(c)if the person is a partnership, by serving it in accordance with that paragraph on a partner or on a person having control or management of the partnership business.
(2)For the purposes of subsection (1) above, and for the purposes of section 7 of the Interpretation Act 1978 (which relates to the service of documents by post) in its application to that subsection, the proper address of any person on whom a document is to be served by virtue of this Act shall be his last known address except that—
(a)in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body corporate;
(b)in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the principal office of the partnership;and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
(3)The Secretary of State may by regulations make provision for the manner in which any information is to be given to any person under any provision of Part IV of this Act.
(4)Without prejudice to the generality of subsection (3) above regulations made by the Secretary of State may prescribe the person, or manner of determining the person, who is to be treated for the purposes of section 28(2) or 30 above as the person from whom any goods were purchased or seized where the goods were purchased or seized from a vending machine.
(5)The power to make regulations under subsection (3) or (4) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and shall include power—
(a)to make different provision for different cases; and
(b)to make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
Sec 45: Interpretation
(1)In this Act, except in so far as the context otherwise requires—
“aircraft” includes gliders, balloons and hovercraft;
“business” includes a trade or profession and the activities of a professional or trade association or of a local authority or other public authority;
“conditional sale agreement”, “credit—sale agreement” and “hire-purchase agreement” have the same meanings as in the Consumer Credit Act 1974 but as if in the definitions in that Act “goods” had the same meaning as in this Act;
“contravention” includes a failure to comply and cognate expressions shall be construed accordingly;
“enforcement authority” means the Secretary of State, any other Minister of the Crown in charge of a Government department, any such department and any authority, council or other person on whom functions under this Act are conferred by or under section 27 above;
“gas” has the same meaning as in Part I of the Gas Act 1986;
“goods” includes substances, growing crops and things comprised in land by virtue of being attached to it and any ship, aircraft or vehicle;
“information” includes accounts, estimates and returns;
“magistrates’ court”, in relation to Northern Ireland, means a court of summary jurisdiction;
F8. . .
“modifications” includes additions, alterations and omissions, and cognate expressions shall be construed accordingly;
“motor vehicle” has the same meaning as in [F9the Road Traffic Act 1988];
“notice” means a notice in writing;
“notice to warn” means a notice under section 13(1)(b) above;
“officer”, in relation to an enforcement authority, means a person authorised in writing to assist the authority in carrying out its functions under or for the purposes of the enforcement of any of the safety provisions or of any of the provisions made by or under Part III of this Act;
“personal injury” includes any disease and any other impairment of a person’s physical or mental condition;
“premises” includes any place and any ship, aircraft or vehicle;
“prohibition notice” means a notice under section 13(1)(a) above;
“records” includes any books or documents and any records in non-documentary form;
“safety provision” means F10… any provision of safety regulations, a prohibition notice or a suspension notice;
“safety regulations” means regulations under section 11 above;
“ship” includes any boat and any other description of vessel used in navigation;
“subordinate legislation” has the same meaning as in the Interpretation Act 1978;
“substance” means any natural or artificial substance, whether in solid, liquid or gaseous form or in the form of a vapour, and includes substances that are comprised in or mixed with other goods;
“supply” and cognate expressions shall be construed in accordance with section 46 below;
“suspension notice” means a notice under section 14 above.
(2)Except in so far as the context otherwise requires, references in this Act to a contravention of a safety provision shall, in relation to any goods, include references to anything which would constitute such a contravention if the goods were supplied to any person.
(3)References in this Act to any goods in relation to which any safety provision has been or may have been contravened shall include references to any goods which it is not reasonably practicable to separate from any such goods.
(4) Omitted
(5)In Scotland, any reference in this Act to things comprised in land by virtue of being attached to it is a reference to moveables which have become heritable by accession to heritable property.
Sec 46: Meaning of “supply”
(1)Subject to the following provisions of this section, references in this Act to supplying goods shall be construed as references to doing any of the following, whether as principal or agent, that is to say—
(a)selling, hiring out or lending the goods;
(b)entering into a hire-purchase agreement to furnish the goods;
(c)the performance of any contract for work and materials to furnish the goods;
(d)providing the goods in exchange for any consideration F12… other than money;
(e)providing the goods in or in connection with the performance of any statutory function; or
(f)giving the goods as a prize or otherwise making a gift of the goods;and, in relation to gas or water, those references shall be construed as including references to providing the service by which the gas or water is made available for use.
(2)For the purposes of any reference in this Act to supplying goods, where a person ( “the ostensible supplier”) supplies goods to another person ( “the customer”) under a hire-purchase agreement, conditional sale agreement or credit-sale agreement or under an agreement for the hiring of goods (other than a hire-purchase agreement) and the ostensible supplier—
(a)carries on the business of financing the provision of goods for others by means of such agreements; and
(b)in the course of that business acquired his interest in the goods supplied to the customer as a means of financing the provision of them for the customer by a further person ( “the effective supplier”),the effective supplier and not the ostensible supplier shall be treated as supplying the goods to the customer.
(3)Subject to subsection (4) below, the performance of any contract by the erection of any building or structure on any land or by the carrying out of any other building works shall be treated for the purposes of this Act as a supply of goods in so far as, but only in so far as, it involves the provision of any goods to any person by means of their incorporation into the building, structure or works.
(4)Except for the purposes of, and in relation to, notices to warn or any provision made by or under Part III of this Act, references in this Act to supplying goods shall not include references to supplying goods comprised in land where the supply is effected by the creation or disposal of an interest in the land.
(5)Except in Part I of this Act references in this Act to a person’s supplying goods shall be confined to references to that person’s supplying goods in the course of a business of his, but for the purposes of this subsection it shall be immaterial whether the business is a business of dealing in the goods.
(6)For the purposes of subsection (5) above goods shall not be treated as supplied in the course of a business if they are supplied, in pursuance of an obligation arising under or in connection with the insurance of the goods, to the person with whom they were insured.
(7)Except for the purposes of, and in relation to, prohibition notices or suspension notices, references in Parts II to IV of this Act to supplying goods shall not include—
(a)references to supplying goods where the person supplied carries on a business of buying goods of the same description as those goods and repairing or reconditioning them;
(b)references to supplying goods by a sale of articles as scrap (that is to say, for the value of materials included in the articles rather than for the value of the articles themselves).
(8)Where any goods have at any time been supplied by being hired out or lent to any person, neither a continuation or renewal of the hire or loan (whether on the same or different terms) nor any transaction for the transfer after that time of any interest in the goods to the person to whom they were hired or lent shall be treated for the purposes of this Act as a further supply of the goods to that person.
(9)A ship, aircraft or motor vehicle shall not be treated for the purposes of this Act as supplied to any person by reason only that services consisting in the carriage of goods or passengers in that ship, aircraft or vehicle, or in its use for any other purpose, are provided to that person in pursuance of an agreement relating to the use of the ship, aircraft or vehicle for a particular period or for particular voyages, flights or journeys.
Sec 47: Savings for certain privileges.
(1)Nothing in this Act shall be taken as requiring any person to produce any records if he would be entitled to refuse to produce those records in any proceedings in any court on the grounds that they are the subject of legal professional privilege or, in Scotland, that they contain a confidential communication made by or to an advocate or solicitor in that capacity, or as authorising any person to take possession of any records which are in the possession of a person who would be so entitled.
(2)Nothing in this Act shall be construed as requiring a person to answer any question or give any information if to do so would incriminate that person or that person’s spouse.
Sec 48: Minor and consequential amendments and repeals.
(1)The enactments mentioned in Schedule 4 to this Act shall have effect subject to the amendments specified in that Schedule (being minor amendments and amendments consequential on the provisions of this Act).
(2)The following Acts shall cease to have effect, that is to say—
(a)the Trade Descriptions Act 1972; and
(b)the Fabrics (Misdescription) Act 1913.
(3)The enactments mentioned in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
Sec 49: Northern Ireland.
(1)This Act shall extend to Northern Ireland with the exception of—
(a)the provisions of Parts I and III;
(b)any provision amending or repealing an enactment which does not so extend; and
(c)any other provision so far as it has effect for the purposes of, or in relation to, a provision falling within paragraph (a) or (b) above.
(2) Omitted…
(3)An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M10Northern Ireland Act 1974 (exercise of legislative functions for Northern Ireland) which states that it is made only for purposes corresponding to any of the provisions of this Act mentioned in subsection (1)(a) to (c) above—
(a)shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution procedure and procedure in cases of urgency); but
(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.
50 Short title: commencement and transitional provision.
(1)This Act may be cited as the Consumer Protection Act 1987.
(2)This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions or for different purposes.
(3)The Secretary of State shall not make an order under subsection (2) above bringing into force the repeal of the Trade Descriptions Act 1972, a repeal of any provision of that Act or a repeal of that Act or of any provision of it for any purposes, unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.
(4)An order under subsection (2) above bringing a provision into force may contain such transitional provision in connection with the coming into force of that provision as the Secretary of State considers appropriate.
(5)Without prejudice to the generality of the power conferred by subsection (4) above, the Secretary of State may by order provide for any regulations made under the Consumer Protection Act 1961 or the Consumer Protection Act (Northern Ireland) 1965 to have effect as if made under section 11 above and for any such regulations to have effect with such modifications as he considers appropriate for that purpose.
(6)The power of the Secretary of State by order to make such provision as is mentioned in subsection (5) above, shall, in so far as it is not exercised by an order under subsection (2) above, be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(7)Nothing in this Act or in any order under subsection (2) above shall make any person liable by virtue of Part I of this Act for any damage caused wholly or partly by a defect in a product which was supplied to any person by its producer before the coming into force of Part I of this Act.
(8)Expressions used in subsection (7) above and in Part I of this Act have the same meanings in that subsection as in that Part.
Nursery School Admissions – Fees Refund Circular by DOE
The ongoing school admissions process in Delhi is quite complicated, as a result of flexibility provided to the schools to determine, their own relevant dates as to first list, second list, etc.
As a result many of schools have already come up with the First list for the admissions admitting on first come first serve basis, though many of the reputed schools have still to come up with the first list on 01st February 2012.
But when you have already admitted your child in one school, so what happens if you wish to withdraw admission from the first school and get the child admitted in the other reputed school. Most of the schools lay down that the fees is non-refundable or only 50% of the fees would be refunded.
In this respect, the Department of Education had come up with the circular in Feb 2011, which states as follows:
“The circular issued by the Directorate of Education (DoE), Delhi, said there have been several complaints by parents regarding non-refund of fees and other charges by unaided recognised schools in the event of cancellation of admission.
If any fee is collected from the parents or guardians of a child, whose admission is cancelled…, the entire fee except registration fee charges shall be refunded.
It also said that if the parents chose to withdraw the child from the school within one month from the date of admission, the school shall refund the entire amount of fee or other charges within 15 days of the request made by the parents.
However, the school may retain some fees such as the registration fee, administration fee and one month’s tuition fee, according to the circular.”
Therefore, the most important thing to keep in mind is that withdrawal from first school should happen within 30 days of first admission !!!
NCDRC imposes Rs 30,000 fine on Citi Bank
International banking major Citi Bank has been imposed a fine of Rs 30,000 by the country’s apex consumer forum for filing “meritless” petitions against lower consumer fora order asking it to pay Rs 1.80 lakh to one of its car loan customers.
The National Consumer Dispute Redressal Commission dismissed City Bank’s plea challenging Orissa State Consumer Commission order, saying it has come before the NCDRC “to cover up” its own “faults and negligent acts” in belatedly challenging the district consumer forum order, which had directed the bank to pay Rs 1.80 lakh to its car loan customer.
While imposing penalty on the bank, Justice V B Gupta said the state consumer commission had rightly dismissed its appeal against the district consumer forum as it had filed it after a delay of more than 3 years.
“It is well settled that no leniency should be shown to such litigants, who in order to cover up their own fault and negligence goes on filing meritless petitions in different fora,” the NCDRC said.
“As the two fora below have given detailed and reasoned orders which do not call for any interference nor they suffer from any infirmity or erroneous exercise of jurisdiction, the present petition is dismissed with punitive costs of Rs 30,000,” it said.
Citi Bank had approached the apex consumer forum against the order of Orissa consumer forum which had decided not to hear its plea after a district consumer forum directed the bank to pay Rs 1.8 lakh to Orissa businessman Pradeep Kumar Patri.
Patri had purchased a car on a loan from the Citi Bank in 2006 and was to pay 60 EMIs via post-dated cheques. He had moved the district forum alleging that the bank did not furnish accounts details to him as to whether there is any outstanding dues and the vehicle was “un-unauthorisedly repossessed” in October 10, 2006.
The bank in its reply said some post-dated cheques issued by the customer had bounced due to which installments were not realised. The bank had re-sold the vehicle to another person in Chhattisgarh a month later.
The district forum in January 2008 ordered Citi Bank to refund Rs 1.74 lakh to the complainant and also pay Rs 5,000 as “compensation for mental agony” and Rs 1,000 as litigation cost.
After the state consumer commission dismissed the bank’s appeal against the district forum order on the grounds of delay, it moved NCDRC claiming it had been following the case in the district forum but its lawyer did not inform it as to when it gave the order.
The NCDRC, however, rejected its plea saying Citi Bank is a multi-national bank having large number of employees in its legal department and it did not file the appeal in time only due to “negligence”.(PTI)
source: http://www.rtitoday.com/detailarticle.php?articleid=1527
Non-lawyers can represent clients in consumer courts: Supreme Court
In a decision which may give lawyers a run for their money, the Supreme Court has said non-advocates can represent litigants in the country’s consumer courts as their authorised agents.
The decision by a three-judge Bench led by Justice Dalveer Bhandari is a blow to the lawyer community, which challenged competition from persons without law degrees.The Consumer Protection Act, a compact statute, says that a complainant can either personally appear or be represented by an authorised agent or an advocate.The court refused to intervene, saying that it cannot question or change the original legislative intent of the Act.
Justice Bhandari said the legislature would have thought that the poor litigants who come to the consumer court may not be able to afford the “heavy” lawyers’ fee.The court turned down the Bar Council of India plea, that only advocates should be allowed to appear before a consumer forum.
But it said that the National Consumer Commission, the highest consumer redressal forum in the country, has framed guidelines for conduct of these “non-advocates”. (Express News Service)
source: http://www.rtitoday.com/detailarticle.php?articleid=1362
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