Weights and Measures Act 1987

  • This version was replaced on 26 April 2017 to make a correction to section 40(1) under section 25(1)(c) and (j)(iv) of the Legislation Act 2012.
28 Powers of Inspectors

(1)

Subject to subsections (2) and (3), any Inspector, accompanied if that Inspector thinks fit by a constable, may, for the purposes of ensuring compliance with this Act and with any regulations made under this Act, at all reasonable times,—

(a)

enter any place, premises, or building in which that Inspector has reasonable cause to believe—

(i)

weights, measures, or weighing or measuring instruments are used for trade; or

(ii)

goods are kept, displayed, or available for sale:

(b)

stop any vehicle in which that Inspector has reasonable cause to believe—

(i)

weights, measures, or weighing or measuring instruments are used for trade or are carried for use for trade; or

(ii)

goods are carried for delivery pursuant to or in connection with a contract of sale:

(c)

require any person to make available for inspection by an Inspector any goods for sale in that person’s possession:

(d)

require any person to make available for inspection by an Inspector any weights, measures, or weighing or measuring instruments in that person’s possession for use in connection with the sale of goods:

(e)

examine and test any weights, measures, and weighing or measuring instruments used for trade:

(f)

stamp any weight, measure, or weighing or measuring instrument used for trade with a mark of verification or a mark of obliteration:

(fa)

issue a certificate of accuracy in respect of any weight, measure, or weighing or measuring instrument, or cancel any such certificate:

(g)

examine, weigh, measure, or count, or cause to be weighed, measured, or counted, any goods kept, displayed, offered, or exposed for sale:

(h)

require the production for examination by that Inspector, and take copies of, any book, record, contract, invoice, note, or other document in the possession of any person relating to—

(i)

any goods kept, displayed, offered, or exposed for sale; or

(ii)

any weights, measures, or weighing or measuring instruments used for trade:

(i)

require any person by whom any goods are carried for delivery pursuant to or in connection with a contract of sale to state the name and address of—

(i)

that person; and

(ii)

that person’s employer (if any); and

(iii)

the owner of the goods, if known.

(2)

An Inspector shall not enter any dwellinghouse for the purpose of exercising any of the powers conferred under subsection (1) except—

(a)

with the consent of the occupier of that dwellinghouse; or

(b)

pursuant to a warrant issued in accordance with subsection (3).

(3)

An issuing officer (within the meaning of section 3 of the Search and Surveillance Act 2012) who, on an application made in the manner provided for an application for a search warrant in subpart 3 of Part 4 of the Search and Surveillance Act 2012, is satisfied that there is reasonable ground for believing that it is necessary for the purpose of exercising the powers conferred under subsection (1) that an Inspector enter a dwellinghouse, may issue a warrant authorising an Inspector to enter that dwellinghouse for the purpose of exercising those powers.

(4)

Every warrant shall continue in force for 1 month from the date on which it was issued or until the purpose for which it was granted has been satisfied, whichever occurs first.

(5)

If, in any case, it is not practicable to examine, weigh, measure, or count, or cause to be weighed, measured, or counted, any goods referred to in subsection (1) without damaging those goods or any package or container in which those goods are kept, the Inspector may retain those goods on payment to the owner or person having custody of them of the normal selling price of those goods.

(6)

An Inspector may seize and detain—

(a)

any weight or measure that does not comply with or is used in contravention of this Act or any regulations made under this Act; or

(b)

any weighing or measuring instrument that does not comply with or is used in contravention of this Act or any regulations made under this Act, or any part of any such instrument the removal of which makes that instrument inoperative; or

(c)

any goods referred to in subsection (1)(a), (b), (c), or (g) where the Inspector is satisfied on reasonable grounds that an offence against this Act or any regulations made under this Act has been committed.

(7)

The provisions of subparts 1, 3, 7, 9, and 10 of Part 4 of the Search and Surveillance Act 2012 apply.

Compare: 1925 No 26 s 4

Section 28(1): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 28(1)(fa): inserted, on 1 July 1991, by section 11 of the Weights and Measures Amendment Act 1991 (1991 No 9).

Section 28(3): amended, on 1 October 2012, by section 322(2)(a) of the Search and Surveillance Act 2012 (2012 No 24).

Section 28(3): amended, on 1 October 2012, by section 322(2)(b) of the Search and Surveillance Act 2012 (2012 No 24).

Section 28(7): inserted, on 1 October 2012, by section 322(3) of the Search and Surveillance Act 2012 (2012 No 24).