C is the energy consumption of the dishwasher (Schedule 1 paragraph 1 note V).

The energy efficiency class is then determined in accordance with Table 1:


TABLE 1

Energy efficiency class	Energy efficiency index E1
A	E1 < 0.64
B	0.64 <= E1< 0.76
C	0.76 <= E1< 0.88
D	0.88 <= E1< 1.00
E	1.00 <= E1< 1.12
F	1.12 <= E1< 1.24
G	E1 >= 1.24

     2. The cleaning performance class of a dishwasher shall be determined in accordance with Table 2-


TABLE 2

Cleaning performance class	Cleaning performance index PC as defined in the harmonized standards using a standard cycle
A	Pc > 1.12
B	1.12 >= Pc> 1.00
C	1.00 >= Pc> 0.88
D	0.88 >= Pc> 0.76
E	0.76 >= Pc> 0.64
F	0.64 >= Pc> 0.52
G	0.52 >= pc

     3. The drying performance class of an application shall be determined in accordance with Table 3-


TABLE 3

Drying performance class	Drying performance index PD as defined in the harmonized standards
A	PD > 1.08
B	1.08 >= PD > 0.93
C	0.93 >= PD > 0.78
D	0.78 >= PD > 0.63
E	0.63 >= PD > 0.48
F	0.48 >= PD > 0.33
G	0.33 >= PD

regulation 4 (suppliers' duties in respect of labels);

regulation 5 (suppliers' duties in respect of information notices);

regulation 8 (suppliers' duties in respect of technical documentation);

regulation 9 (dealers' duty in respect of displayed regulated dishwashers);

regulation 10 (information in respect of mail order and other distance sales);

regulation 11 (misleading information);

paragraph 5 of this Schedule (obstruction of authorised officers and false statements);

paragraph 8(8) of this Schedule (prohibition of purported search and seizure by unauthorised person); or

paragraph 12(1) of this Schedule (restrictions on disclosure of information).

    (2) A person guilty of the offence of contravening paragraph 12(1) of this Schedule shall be liable, on summary conviction, to a fine not exceeding the statutory maximum, and on conviction on indictment, to a fine.

    (3) A person guilty of any other offence specified in sub-paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Prosecution of offences
     2. Proceedings for an offence under these Regulations shall be instituted-

(a) in England and Wales, by an enforcement authority;

(b) in Northern Ireland, by or on behalf of the enforcement authority or the Director of Public Prosecutions for Northern Ireland.

Defences
     3.  - (1) In proceedings against a person for an offence under these Regulations, it shall be a defence for that person to show that he believed that these Regulations did not apply and he had no reasonable grounds for believing that these Regulations might apply.

    (2) Subject to sub-paragraphs (3) to (5), in proceedings against a person for an offence under these Regulations 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.

    (3) Where in any proceedings (which in Scotland include the trial diet) against any person for such an offence the defence provided for by sub-paragraph (2) 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 (or, in Scotland, the trial diet) he has served a notice under sub-paragraph (4) on the person bringing the proceedings.

    (4) A notice under this sub-paragraph shall give such information identifying or assisting in the identification of the person who is alleged to have committed the act or default or to have given the information as is in the possession of the person serving the notice at the time he serves it.

    (5) A person shall not be entitled to rely on the defence provided by sub-paragraph (2) 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 whether he had any reason to disbelieve the information, and

(b) in the case of a supplier, to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information.

Liability of a person other than the principal offender
     4.  - (1) Where the commission by any person of an offence under these Regulations is due to an act or default committed by some other person in the course of any business of his, that other person shall be guilty of the offence and may be proceeded against and punished by virtue of this sub-paragraph whether or not proceedings are taken against the first-mentioned person.

    (2) Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of sub-paragraph (1)) 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 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, sub-paragraph (2) 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.

    (4) Where a Scottish partnership is guilty of an offence under these Regulations (including where it is so guilty by virtue of sub-paragraph (1)) 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, a partner in the partnership, he, as well as the partnership, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(a) intentionally obstruct a duly authorised officer of an enforcement authority acting in pursuance of any provision of these Regulations; or

(b) intentionally fail to comply with any requirement properly made to him by such an officer under any provision of these Regulations; or

(c) without reasonable cause fail to give any such officer of an enforcement authority who is so acting any other assistance or information which he may reasonable require of him for the purposes of the exercise of the officer's functions under any provision of these Regulations.

    (2) A person shall not, in giving any information which is required of him by virtue of sub-paragraph (1)(c)-

(a) make any statement which he knows is false in a material particular; or

(b) recklessly make a statement which is false in a material particular.

Power of enforcement authority to require technical documentation
     6. Where an enforcement authority has reason to suspect that the information given on a label or in an information notice is incorrect, the authority may require the supplier of the regulated dishwasher, to which the label or information notice refers, to furnish to the authority within such reasonable time as may be specified in the notice such technical documentation within the meaning of regulation 8 (suppliers' duties in respect of technical documentation) as the authority considers appropriate.

Test purchases
     7.  - (1) An enforcement authority shall have power, for the purpose of ascertaining whether any provision of these Regulations has been contravened, to purchase, or to authorise an officer of the authority to purchase, any regulated dishwasher.

    (2) Where-

(a) a regulated dishwasher purchased under this paragraph by or on behalf of an enforcement authority is submitted to a test; and

(b) the test leads to the bringing of proceedings in respect of an offence under these Regulations; 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 dishwasher was purchased or any person who is a party to the proceedings or has an interest in the dishwasher to have the dishwasher tested.

    (3) A test of a regulated dishwasher purchased under this paragraph, or seized and detained under paragraph 8 (power to enter premises and seize and detain regulated dishwashers etc), shall be carried out in accordance with the test procedures of the harmonised standards.

Power to enter premises and inspect, seize and detain regulated dishwashers and records relating to them
     8.  - (1) A duly authorised officer of an enforcement authority on-

(a) identifying himself and producing authority in writing from the enforcement authority which appointed him for the exercise by him of powers conferred on the authority by these Regulations, and

(b) stating the purpose of his actions and his grounds for undertaking them,

has available to him, at all reasonable hours, the powers set out in sub-paragraph (2).

    (2) The powers referred to in sub-paragraph (1) are-

(a) for the purpose of ascertaining whether an offence under these Regulations has been committed, inspection of any regulated dishwasher and entering into any premises other than premises used only as a dwelling;

(b) if there is reasonable cause to suspect that an offence under these Regulations has been committed and for the purpose of ascertaining whether it has been committed, requiring any person carrying on or employed in connection with a business to produce any records relating to the regulated dishwasher in question and taking copies of, or of any entry in, the records;

(c) if there is reasonable cause to suspect that an offence under these Regulations has been committed, seizure and detention of any regulated dishwashers for the purpose of ascertaining, by testing or otherwise, whether the offence has been committed;

(d) seizure and detention of any regulated dishwashers or records where there is reason to believe that these may be required as evidence in proceedings for an offence under these Regulations;

(e) for the purpose of exercising powers of seizure under this sub-paragraph, but only if and to the extent that it is reasonably necessary in order to secure that the provisions of these Regulations are duly observed, requiring any person having authority to do so to break open any container and, if that person does not comply with the requirement or if there is no such authorised person present, to open it.

    (3) For the purposes of paragraphs (b) and (d) of sub-paragraph (2), the officer may require information stored electronically to be made available to him in printed form.

    (4) If a justice of the peace is satisfied by any written information on oath-

(a) that there are reasonable grounds for believing either-


(i) that any regulated dishwashers or records, which a duly authorised officer has power under this paragraph to inspect, copy, seize or require to be produced, are on any premises and that their inspection, copying, seizure or production is likely to disclose evidence of the commission of an offence under these Regulations; or

(ii) that any offence under these Regulations has been, is being or is about to be committed on any premises; and



(b) 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 sub-paragraph 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 an officer of an enforcement authority to enter the premises, if need be by force.

    (5) An officer entering any premises by authority of a warrant granted under sub-paragraph (4) shall, if the occupier is present, give to the occupier or, if the occupier is temporarily absent, leave in a prominent place on the premises or appropriate part of the premises a notice in writing-

(a) summarising the officer's powers of seizure and detention of regulated dishwashers and records under this paragraph;

(b) explaining that compensation may be payable for damage caused in entering premises and seizing and removing regulated dishwashers and records therefrom, and giving the address to which an application for compensation should be directed; and

(c) indicating at which office of the enforcement authority and within which hours a copy of these Regulations is available to be consulted.

    (6) An officer entering any premises by virtue of this paragraph may take with him such other persons and such equipment as may appear to him necessary; and on leaving any premises which he has entered by virtue of a warrant he shall, if the premises are unoccupied or the occupier is temporarily absent, leave them as effectively secured against trespassers as he found them.

    (7) An officer exercising any power of seizure and detention under this paragraph shall as soon as practicable give to the person, against whom the power has been exercised, a written notice-

(a) stating precisely what has been so seized and detained; and

(b) explaining where, within what period and on what grounds an appeal against such detention may be brought under paragraph 9 (appeals against detention), and whether the things detained would be released while an appeal were pending.

    (8) A person who is not a duly authorised officer of an enforcement authority shall not purport to act as such under this paragraph.

    (9) In the application of this paragraph to Scotland, the reference in sub-paragraph (4) 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 paragraph to Northern Ireland, the references in sub-paragraph (4) to any information on oath shall be construed as references to any complaint on oath.

Appeals against detention of regulated dishwashers and records relating to them
     9.  - (1) Any person having an interest in any regulated dishwashers or records which are for the time being detained under paragraph 8 (power to enter premises and seize and detain regulated dishwashers and records relating to them) by an enforcement authority or by a duly authorised officer of an enforcement authority may apply for an order requiring the regulated dishwashers or records to be released to him or to another person.

    (2) An application under this paragraph may be made-

(a) to any magistrates' court in which proceedings have been brought in England and Wales or Northern Ireland for an offence in respect of a contravention of any provision of these Regulations in relation to the regulated dishwashers or records;

(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) A magistrates' court or the sheriff shall not make an order under sub-paragraph (1) unless the court or sheriff is satisfied-

(a) that proceedings have not been brought for an offence in respect of a contravention of any provision of these Regulations in relation to the regulated dishwashers or records; and

(b) that more than twelve months have elapsed since the seizure was carried out.

    (4) Any person aggrieved by an order made under this paragraph 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 a county court;

(a) which was obtained by him in consequence of its being given to any person in compliance with any requirement imposed by these Regulations; or

(b) which consists in a secret manufacturing process or trade secret and was obtained by him in consequence of the exercise by any person of any power or duty conferred by these Regulations.

    (2) Sub-paragraph (1) shall not apply to a disclosure of information if the information is publicised information or the disclosure is made-