Consumer Rights Act 2015 Sch.5 para.46 – Criminal proceedings

46 (1) A local weights and measures authority in England or Wales may bring proceedings for a consumer offence allegedly committed in a part of England or Wales which is outside that authority's area.

(2) In sub-paragraph (1) “a consumer offence” means—

(a) an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a local weights and measures authority in England or Wales has a duty or power to enforce,

(b) an offence under legislation under which legislation within paragraph (a) is made,

(c) an offence under legislation listed in the second column of the table in paragraph 11 of this Schedule in relation to which a local weights and measures authority is listed in the corresponding entry in the first column of the table as an enforcer,

(d) an offence originating from an investigation into a breach of legislation mentioned in paragraph (a), (b) or (c), or

(e) an offence described in paragraph 36 or 37 of this Schedule.

(3) A district council in England may bring proceedings for a consumer offence allegedly committed in a part of England which is outside that council's district.

(4) In sub-paragraph (3) “a consumer offence” means—

(a) an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a district council in England has a duty or power to enforce,

(b) an offence under legislation under which legislation within paragraph (a) is made,

(d) an offence described in paragraph 36 or 37 of this Schedule.

(5) A district council in Northern Ireland may bring proceedings for a consumer offence allegedly committed in a part of Northern Ireland which is outside that council's district.

(6) In sub-paragraph (5) “a consumer offence” means—

(a) an offence under legislation which, by virtue of a provision listed in paragraph 10 of this Schedule, a district council in Northern Ireland has a duty or power to enforce,

(b) an offence under legislation under which legislation within paragraph (a) is made,

(d) an offence described in paragraph 36 or 37 of this Schedule.

Definitions used in Schedule 5, paragraph 46 1

enforcer

(2) Part 1 of this Schedule contains interpretation provisions; in particular paragraphs 2 to 6 explain what is meant by an “enforcer”.

Defined in Sch.5 para.1(2) · see it in the full Act

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

(a) a domestic enforcer,

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

(d) an unfair contract terms enforcer.

Defined in Sch.5 para.2(1) · see it in the full Act

(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)).

Defined in Sch.5 para.2(2) · see it in the full Act

Cases considering Schedule 5, paragraph 46 3

City of York Council, R (on the application of) & v AUH & Ors

[2023] EWCA Crim 6 · 16 January 2023Interprets

Paragraph 46 is treated as a new provision intended to free consumer prosecutions from the ordinary local-expediency constraint (see paras [9], [24]–[26]). The provision confers power on a local weights and measures authority to prosecute a consumer offence committed outside its area; the court applied that territorial effect in the linked proceedings (see paras [1], [9], [26]). The court interpreted paragraph 46(2) as identifying consumer offences through listed categories and connected defining features, rather than requiring completion of the offence before investigative power arises (see paras [6]–[8], [24]–[26]). The court treated offences under legislation enforced by a local weights and measures authority as one of the listed categories within the statutory scheme (see paras [6]–[8], [24]–[25]). The court treated offences under legislation made under legislation within paragraph 46(2)(a) as a listed category, while holding that the relevant fraud and laundering offences depended on paragraph 46(2)(d) (see paras [6]–[8]). The court treated offences listed in paragraph 11 as a separate category and later held that illegal moneylending fell within this category (see paras [6], [28]–[29]). The court interpreted an offence originating from an investigation into a breach as one connected with the consumer offending under investigation and revealed by the facts and matters investigated. Consequential laundering and enforcement violence may qualify; unrelated offending does not (see paras [19]–[26]). The court treated paragraph 46(2)(e) as covering the specified obstruction and impersonation offences and as retaining an independent purpose alongside paragraph 46(2)(d) (see paras [7], [19]–[20]).

City of York Council, R (on the application of) v AUH & Ors.

[2022] EWCA Crim 1113 · 9 August 2022Interprets

Interprets paragraph 46(1) as conferring a free-standing power on a local weights and measures authority to bring proceedings for a consumer offence allegedly committed outside its area, without reference to section 222(1) of the Local Government Act 1972. The court applied that construction to resolve the principal issue in favour of the local authorities (see paras [30]-[37]).

Lee Qualter Commercial Reduction Services Ltd & Anor v Crown Court At Preston

[2019] EWHC 2563 (Admin) · 3 October 2019Limits

The court recorded that paragraph 46 of Schedule 5 permits a local weights and measures authority to bring proceedings for specified consumer offences outside its area, including offences originating from investigations into listed consumer legislation. The court declined to decide whether it applied to money laundering offences because the argument was raised too late and inadequately developed. (see paras [33]-[35])

What each judgment says about Schedule 5, paragraph 46 is in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Commencement

I397Sch. 5 para. 46 in force at 27.5.2015 for specified purposes for E. by S.I. 2015/965, art. 2(b) text for certain specified purposes only, see the commentary.
I398Sch. 5 para. 46 in force at 27.5.2015 for specified purposes by S.I. 2015/1333, art. 2(a) text for certain specified purposes only, see the commentary.
I399Sch. 5 para. 46 in force at 1.10.2015 in so far as not already in force by S.I. 2015/1630, art. 3(h) (with art. 8)