Section 3(1) and (2) provide that product regulations may designate one or more persons as a relevant authority, responsible for monitoring compliance and enforcement of product regulations, but only where such persons exercise functions of a public nature. This can include the Secretary of State, as well as other bodies exercising public functions, for example, local authorities 1 , the Health and Safety Executive (HSE), HSE Northern Ireland (HSENI), the Office for Nuclear Regulation (ONR), the Medicines and Healthcare Regulatory products Agency (MHRA), the Office of Communications (Ofcom), the Office of Rail and Road (ORR), and the Driver and Vehicle Standards Agency (DVSA).
	Section 3(3) enables product 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 product regulations.
	Section 3(4) states that product 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 products or other evidence of non-compliance. Product 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 a product (either by requiring a person to do so or for the relevant authority or inspector to do so themselves). Powers under Section 3(4) apply to premises including vehicles (see Section 12).
	Section 3(5) makes clear that product 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 3(6) states that any provisions in product regulations that confers power on a relevant authority to secure compliance or mitigate the effect of non-compliance with product regulations under Section 3(3)(c) or Section 3(3)(d) may also allow the relevant authority to give notice to require a person to do something or to stop doing something, such as requiring a person to warn others of the risks relating to a product, requiring a product to display markings relating to such risks, prohibiting the marketing or use of a product, or requiring the withdrawal or recall of the product from the market.
	Section 3(7) states that product regulations may make provision for, or in connection with, sanctions for non-compliance with product 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 3(8) makes clear that product regulations can allow a relevant authority to accept an undertaking to secure compliance with product 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 products by court order or order of the sheriff.
	Sections 3(9), (10) and (11) provide that any provisions in product 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 product 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.
Product regulations Section 3: Enforcement of product regulations