Metrology Section 6: Enforcement of metrology regulations
Section 6(1) and (2) provide that metrology regulations may designate one or more persons as a relevant authority, responsible for monitoring compliance and enforcement of metrology regulations, but only if it exercises functions of a public nature. This can include the Secretary of State, as well as other bodies exercising public functions, for example, local authorities 2 .
	Section 6(3) enables metrology regulations to be made in relation to the monitoring of compliance, investigating suspected non-compliance, securing compliance and mitigating the effect of non-compliance with metrology regulations.
	Section 6(4) states that metrology regulations can confer powers on relevant authorities to appoint inspectors to carry out functions under the regulations. Regulations may include conferring on relevant authorities or inspectors powers of entry, search, inspection, as well as the ability to seize and retain goods or other evidence of non-compliance. Metrology regulations can also confer a power on a relevant authority or an inspector to require a person to retain or provide a document or information, as well as a power to dispose of goods (either by requiring a person to do so or for the relevant authority or inspector to do so themselves). Powers under Section 6(4) apply to premises including vehicles (see Section 12).
	Section 6(5) makes clear that metrology regulations may not authorise entry into premises used wholly or mainly as a dwelling without a warrant issued by a justice of the peace (in England and Wales), a sheriff, summary sheriff or justice of the peace (in Scotland), or a lay magistrate (in Northern Ireland).
	Section 6(6) states that any provision in metrology regulations that confers a power on a relevant authority to secure compliance (or mitigate the effect of non-compliance) with metrology regulations under Section 6(3)(c) or Section 6(3)(d) may also allow the relevant authority to give notice to require a person to do something or to stop doing something.
	Section 6(7) states that metrology regulations may make provision for, or in connection with, sanctions for non-compliance with metrology regulations; non-compliance with a notice; the obstruction of, or failure to, assist or cooperate with a relevant authority or an inspector; or for providing false or misleading information to a relevant authority or an inspector.
	Section 6(8) makes clear that metrology regulations can allow a relevant authority to accept an undertaking to secure compliance with metrology regulations instead of taking other action; and put sanctions in place for a failure to comply with such undertakings. Provisions under this Section may also cover forfeiting of goods by court order or order of the sheriff.
	Sections 6(9), (10) and (11) provide that any provisions in metrology regulations may create or widen the scope of criminal offences, provide for prosecution by relevant authorities of such offences, and confer powers on relevant authorities to impose civil sanctions including monetary fines. Where metrology regulations create criminal offences, those offences must be tried summarily or on indictment and can be punishable by a fine or with a prison sentence not exceeding two years (on indictment). The provisions may also allow for an appeal against any decisions made by the relevant authority.