Weights and Measures Act 1985

and was attributable wholly to factors for which reasonable allowance was made in stating the quantity of the goods in the marking or document or in making up or making the goods for sale, as the case may be.

• (3) In the case of a sale by retail of food, other than food pre-packed in a container which is, or is required by or under this Part of this Act or the FIC Regulation to be, marked with an indication of quantity, in any proceedings for an offence under this Part of this Act or any instrument made under this Part, by reason of the quantity delivered to the buyer being less than that purported to be sold, it shall be a defence for the person charged to prove that the deficiency was due wholly to unavoidable evaporation or drainage since the sale and that due care and precaution were taken to minimise any such evaporation or drainage.

• (4) If in any proceedings for an offence under this Part of this Act or any instrument made under this Part, being an offence in respect of any deficiency in the quantity of any goods sold, it is shown that between the sale and the discovery of the deficiency the goods were with the consent of the buyer subjected to treatment which could result in a reduction in the quantity of those goods for delivery to, or to any person nominated in that behalf by, the buyer, the person charged shall not be found guilty of that offence unless it is shown that the deficiency cannot be accounted for by the subjecting of the goods to that treatment.

Excess due to precautions.

36

In any proceedings for an offence under this Part of this Act or any instrument made under this Part, being an offence in respect of any excess in the quantity of any goods, it shall be a defence for the person charged to prove that the excess was attributable to the taking of measures reasonably necessary in order to avoid the commission of an offence in respect of a deficiency in those or other goods.

Provisions as to testing.

37

• (1) If proceedings for an offence under this Part of this Act, or any instrument made under this Part, in respect of any deficiency or excess in the quantity—

• (a) of any goods made up for sale (whether by way of pre-packing or otherwise) in or on a container marked with an indication of quantity, or

• (b) of any goods which have been pre-packed or otherwise made up in or on a container for sale or for delivery after sale, or which have been made for sale, and which are required by or under this Part of this Act or the FIC Regulation to be pre-packed, or to be otherwise so made up, or to be so made, as the case may be, only in particular quantities,

are brought with respect to any article, and it is proved that, at the time and place at which that article was tested, other articles of the same kind, being articles which, or articles containing goods which, had been sold by the person charged or were in that person’s possession for sale or for delivery after sale, were available for testing, the person charged shall not be convicted of such an offence with respect to that article unless a reasonable number of those other articles was also tested.

• (2) In any proceedings for such an offence as is mentioned in subsection (1) above, the court—

• (a) if the proceedings are with respect to one or more of a number of articles tested on the same occasion, shall have regard to the average quantity in all the articles tested,

• (b) if the proceedings are with respect to a single article, shall disregard any inconsiderable deficiency or excess, and

• (c) shall have regard generally to all the circumstances of the case.

• (3) Subsections (1) and (2) above shall apply with the necessary modifications to proceedings for an offence in respect of the size, capacity or contents of a container as they apply to proceedings for an offence in respect of the excess or deficiency in the quantity of certain goods.

• (4) Where by virtue of section 32 above a person is charged with an offence with which some other person might have been charged, the reference in subsection (1) above to articles or goods sold by or in the possession of the person charged shall be construed as a reference to articles or goods sold by or in the possession of that other person.

Powers of inspectors

Special powers of inspectors with respect to certain goods.

38

• (1) Subsection (2) below applies where any person—

• (a) makes in any manner any representation as to the quantity of any goods offered or exposed for sale by him, or

• (b) has in his possession or charge awaiting or in the course of delivery to the buyer any goods which have been sold or agreed to be sold, and the sale is, or purports to be, or is required by or under this Part of this Act or the FIC Regulation to be, by quantity expressed in a particular manner, or is such that the quantity of the goods sold is required by or under any provision of this Part other than section 26 to be made known to the buyer at or before a particular time, or

• (c) has in his possession or charge for sale, or awaiting or in the course of delivery to a buyer after they have been sold or agreed to be sold—

• (i) any goods pre-packed or otherwise made up in or on a container for sale or for delivery after sale which are required by or under this Part of this Act or the FIC Regulation to be pre-packed, or to be otherwise so made up, as the case may be, only in particular quantities or only if the container is marked with particular information, or

• (ii) any goods pre-packed in or on a container marked with an indication of quantity, or

• (iii) any goods required by or under this Part of this Act or the FIC Regulation to be made for sale only in particular quantities, or

• (d) has in his possession or charge for sale, or awaiting or in the course of delivery to a buyer after they have been sold or agreed to be sold, any goods subject to a requirement imposed by virtue of section 22(1)(c) above.

• (2) Where this subsection applies, the powers of an inspector under Schedule 5 to the Consumer Rights Act 2015 shall, subject to subsection (4) below, include power to require the person referred to in subsection (1) above either to do in the presence of the inspector, or to permit the inspector to do, all or any of the following things, that is to say—

• (a) weigh or otherwise measure or count the goods,

• (b) weigh or otherwise measure any container in or on which the goods are made up,

• (c) in the case of goods within subsection (1)(d) above, do anything else as respects the goods or container which is reasonably necessary to ascertain whether the requirement there mentioned is complied with, and which does not damage or depreciate the goods or container,

• (d) if necessary for any of the purposes of paragraphs (a) to (c) above, break open any container of goods, or open any vending machine in which goods are offered or exposed for sale,

and, in the case of any of the goods which are not already sold, power to require that person to sell any of them to the inspector.

• (3) Where any container of goods is broken open under subsection (2) above and all requirements of, and of any instrument made under, this Part of this Act or the FIC Regulation which are applicable to those goods are found to have been complied with, then—

• (a) if the container can be resealed without injury to the contents, the inspector may reseal it with a label certifying that all such requirements have been complied with, and

• (b) if he does not so reseal it or it cannot be so resealed without injury to the contents, the inspector shall at the request of the person referred to in subsection (1) above buy the goods on behalf of the local weights and measures authority.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of inspectors with respect to certain documents.

39

• (1) An inspector, subject to the production if so requested of his credentials, may require the person in charge of any document required by or under this Part of this Act to be associated with any goods to produce that document for inspection.

• (2) If the inspector has reasonable cause to believe that any document produced to him under subsection (1) above contains any inaccurate statement, he may either—

• (a) seize and detain the document, giving in exchange a copy with an endorsement signed by him certifying that the original has been seized and giving particulars of any inaccuracy alleged, or

• (b) without prejudice to any proceedings which may be taken by reason of any inaccuracy alleged, make on the document an endorsement signed by him giving particulars of any such inaccuracy;

and, except where the context otherwise requires, any reference in this Part of this Act to any such document includes a reference to a copy given in pursuance of paragraph (a) above.

Powers of inspectors with respect to goods carried on road vehicles.

40

• (1) Subsection (2) below applies where, in the case of any goods being carried on a road vehicle,—

• (a) the whole of the vehicle’s load is being carried for sale to, or for delivery after sale to, the same person, and

• (b) any document produced in pursuance of section 39(1) above by the person in charge of the vehicle purports, or is required by or under this Part of this Act, to state the quantity of the goods.

• (2) Where this subsection applies, the inspector may, for the purpose of the exercise of his powers under section 38(2) above do all or any of the following things that is to say—

• (a) require the goods to which the document relates to be unloaded from the vehicle;

• (b) require the vehicle to be taken to the nearest suitable and available weighing or measuring equipment;

• (c) require the person in charge of the vehicle to have it check-weighed.

• (3) The powers conferred by subsection (2) above shall be exercised only to such extent as may appear to the inspector reasonably necessary in order to secure that the provisions of this Act ... and of any instrument made under those provisions are duly observed.

Miscellaneous and supplementary

Check-weighing of certain road vehicles.

41

Where any road vehicle is loaded with goods for sale by weight to a single buyer of the whole of the vehicle’s load, or for delivery to the buyer after they have been so sold, the buyer or seller of the goods, or any inspector who shows that he is authorised so to do by the buyer or seller of the goods, may require the person in charge of the vehicle to have it check-weighed, and if that person fails without reasonable cause to comply with any such requirement he shall be guilty of an offence.

Power to make test purchases.

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43

Selling by quantity.

44

Where any goods are required by or under this Part of this Act to be sold only by quantity expressed in a particular manner—

• (a) it shall be a sufficient compliance with that requirement in the case of any sale of, or agreement to sell, any such goods if the quantity of the goods expressed in the manner in question is made known to the buyer before the purchase price is agreed; and

• (b) no person shall be guilty of an offence under section 25(1) above by reason of the exposing or offering for sale of such goods at any time if both the quantity of the goods expressed in the manner in question and the price at which they are exposed or offered for sale are made known at that time to any prospective buyer.

Making quantity known to a person.

45

• (1) For the purposes of this Part of this Act, without prejudice to any other method of making known to a person the quantity of any goods expressed in a particular manner, that quantity shall be taken to be made known to that person—

• (a) if the goods are weighed or otherwise measured or counted, as the case may require, in the presence of that person,

• (b) if the goods are made up in or on a container marked with a statement in writing of the quantity of the goods expressed in the manner in question and the container is readily available for inspection by that person, or

• (c) upon such a statement in writing being delivered to that person.

• (2) The Secretary of State may by order provide that subsection (3) below shall apply, in the case of such goods in such circumstances as are specified in the order, to any requirement so specified of, or of any instrument made under, this Part of this Act with respect to the making known to the buyer of the quantity by weight of such goods sold by retail.

• (3) In any case to which this subsection applies, the requirement specified in the order shall be taken to be satisfied if the goods are bought at premises at which weighing equipment of such description as may be prescribed—

• (a) is kept available by the occupier of those premises for use without charge by any prospective buyer of such goods for the purpose of weighing for himself any such goods offered or exposed for sale by retail on those premises, and

• (b) is so kept available in a position on those premises which is suitable and convenient for such use of the equipment, and

• (c) is reserved for use for that purpose at all times while those premises are open for retail transactions,

and a notice of the availability of the equipment for such use is displayed in a position on the premises where it may be readily seen by any such prospective buyer.

Weighing in presence of a person.

46

For the purposes of this Part of this Act, a person shall not be taken to weigh or otherwise measure or count any goods in the presence of any other person unless he causes any equipment used for the purpose to be so placed, and so conducts the operation of weighing or otherwise measuring or counting the goods, as to permit that other person a clear and unobstructed view of the equipment, if any, and of the operation, and of any indication of quantity given by any such equipment as the result of that operation.

Part V — Packaged Goods

Quantity control

Duty of packers and importers as to quantity.

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of packers and importers as to marking of containers.

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duties as to equipment, checks and documentation.

49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of control

Offences, etc.

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Defences to certain charges under section 50.

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of Part V by local weights and measures authority.

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Powers of inspectors and local weights and measures authority under Part V.

53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Special provision for certain packages

Special provision for certain packages.

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Co-ordination of control

The national Metrological Co-ordinating Unit

55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General duties of Secretary of State.

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of Secretary of State to require packers and importers to furnish particulars of marks.

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of Secretary of State to prepare scheme allocating marks.

58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supervision by Secretary of State of certain functions of inspectors.

59

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60

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61

Power to extend or transfer Unit’s functions and to abolish Unit.

62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Instructions by inspectors

Instructions by inspectors.

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

Disclosure of information.

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to modify Part V.

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations under Part V.

66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of documents.

67

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Part V.

68

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VI — Administration

Local administration

Local weights and measures authorities.

69

• (1) In England, the local weights and measures authority shall be—

• (a) for each non-metropolitan county, metropolitan district and London borough, the council of that county, district or borough,

• (b) for the City of London and the Inner and Middle Temples, the Common Council of the City of London, and

• (c) for the Isles of Scilly, the Council of the Isles of Scilly.

• (2) In Wales, the local weights and measures authority for each county shall be the county council and for each county borough shall be the county borough council.

• (3) In Scotland, the local weights and measures authority for the area of each council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 shall be the council for that area.

• (4) The Secretary of State, after consultation with any local weights and measures authority appearing to him to be concerned, may by order provide that the area of any local weights and measures authority specified in the order shall, for the purposes of their functions as such an authority, be deemed to include such area consisting of inland waters or of territorial waters of the United Kingdom adjacent to any part of Great Britain as may be so specified, being an area which would otherwise not fall within the area of any local weights and measures authority.

• (5) A local weights and measures authority may make, or assist in the making of, arrangements to provide advice to or for the benefit of consumers of goods and services within the area of the authority.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual reports by local weights and measures authorities.

70

• (1) Each local weights and measures, authority shall, in respect of each financial year of the authority, make to the Secretary of State by such date as he may direct a report on the operation during that year of the arrangements made to give effect in that authority’s area—

• (a) to the purposes of this Act, and

• (b) to functions relating to weights and measures which are conferred on the authority otherwise than by or under this Act and which are specified, in a notice in writing given to the authority by the Secretary of State and not withdrawn, as functions to which this paragraph applies.

• (2) Any report under subsection (1) above shall be in such form and contain such particulars of such matters as the Secretary of State may direct.

• (3) Any report made to the Secretary of State under this section may be published by the local weights and measures authority by whom it is made.

• (4) The Secretary of State may include the whole or any part of, or any information contained in, any such report, whether published or not, in any statement which may be made or published by the Secretary of State with respect to such arrangements as are mentioned in subsection (1) above either generally or in any particular area.

Inspection of local weights and measures arrangements.

71

• (1) The Secretary of State may from time to time cause an inspection to be made of, or of any part of, any such arrangements as are mentioned in section 70 above.

• (2) Any such inspection shall be carried out by an officer of the Secretary of State authorised in that behalf by the Secretary of State.

• (3) The officer—

• (a) may examine any equipment or records kept in connection with those arrangements,

• (b) may require any inspector having duties under those arrangements to give such assistance and information as the officer may reasonably specify, and

• (c) may make reasonable enquiries of any person who appears to the officer likely to be able to give him information concerning the operation of those arrangements.

• (4) The officer by whom any inspection under this section is made shall report its results in writing to the Secretary of State.

• (5) The Secretary of State shall send a copy of the report to any local weights and measures authority concerned and to any chief inspector responsible for the operation of all or any of the arrangements inspected.

• (6) The Secretary of State may, if he thinks fit, publish any such report in whole or in part.

Inspectors of weights and measures

Appointment of inspectors.

72

• (1) Each local weights and measures authority shall from time to time appoint from among persons holding certificates of qualification under section 73 below, and reasonably remunerate—

• (a) a chief inspector of weights and measures, and

• (b) such number of other inspectors of weights and measures, if any (who may, if the authority so desire, include a deputy chief inspector), as may be necessary for the efficient discharge in the authority’s area of the functions conferred or imposed on inspectors by or under this Act and the packaged goods regulations.

• (2) Any person appointed under subsection (1) above shall hold office during the pleasure of the authority by whom he was appointed.

• (3) A chief inspector shall be responsible to the local weights and measures authority for the custody and maintenance of the local standards, working standards and testing and stamping equipment provided for the area for which he was appointed and generally for the operation of the arrangements made to give effect in that area to the purposes of this Act and the packaged goods regulations.

• (4) A deputy chief inspector may perform any functions of the chief inspector for the area for which he was appointed in any case where it appears to the local weights and measures authority to be desirable or necessary in the interests of the efficient operation of the said arrangements to authorise him so to do, and when so authorised shall have all the powers of a chief inspector.

Certificate of qualification to act as inspector.

73

• (1) The Secretary of State shall provide for the holding of examinations for the purpose of ascertaining whether persons possess sufficient skill and knowledge for the proper performance of the functions of an inspector, and for the grant of certificates of qualification to persons who pass such examinations.

• (2) The Secretary of State may if he thinks fit arrange with some other person for that person to hold examinations for the purpose mentioned in subsection (1) above.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) There shall be charged in respect of any examination which is held by the Secretary of State under this section such fees as the Secretary of State may from time to time with the approval of the Treasury determine.

Performance by inspectors of additional functions.

74

• (1) The arrangements made by a local weights and measures authority to give effect in their area to the purposes of this Act or the packaged goods regulations may include the provision under the supervision of the chief inspector for their area of a service for the adjustment of weights and measures, but not of other weighing or measuring equipment.

• (2) Where a service is provided under subsection (1) above, the local weights and measures authority shall charge such reasonable fees as they may determine in connection with it.

• (3) No person holding office as an inspector who is employed in the inspection of weighing or measuring equipment for the purposes of its use for trade shall also undertake, whether as part of a service provided under subsection (1) above or otherwise, the adjustment for those purposes of weighing or measuring equipment of any description.

• (4) . . ., a local weights and measures authority may make arrangements whereby an inspector may, at the request of any person and subject to payment by that person of such fee, if any, as the authority may think fit, carry out and submit to that person a report on—

• (a) a weighing or other measurement of any goods submitted for the purpose by that person at such place as the authority may direct or approve;

• (b) a test of the accuracy of any weighing or measuring equipment so submitted.

• (5) A local weights and measures authority may also make arrangements whereby an inspector may, at the request of the Secretary of State and subject to payment by him of such fee, if any, as the authority may think fit, provide advice and assistance to the Secretary of State in connection with the carrying out by him of any audit or inspection under section 11A(3) above or paragraph 7(3) of Schedule 3A to this Act.

• (6) Subsections (4) and (5) above are without prejudice to the functions of local weights and measures authorities or inspectors under any other provision of this Act or any provision of the packaged goods regulations.

Offences in connection with office of inspector.

75

• (1) Any inspector who—

• (a) stamps any weighing or measuring equipment in contravention of any provision of this Act or the packaged goods regulations or of any instrument made under this Act or without duly testing it, or

• (b) derives any profit from, or is employed in, the making, adjusting or selling of weighing or measuring equipment, or

• (c) knowingly commits any breach of any duty imposed on him by or under this Act or otherwise misconducts himself in the execution of his office,

shall be guilty of an offence.

• (1A) Any approved verifier who–

• (a) stamps any weighing or measuring equipment in contravention of any provision of this Act or of any instrument made under this Act or without duly testing it, or

• (b) commits any breach of any duty imposed on him by or under this Act or the packaged goods regulations,

shall be guilty of an offence.

• (2) If any person who is not an inspector, or is not an approved verifier, acts or purports to act as such, he shall be guilty of an offence.

• (3) Section 34 of this Act shall apply in relation to proceedings for an offence under subsection (1A)(b) above as it applies in relation to proceedings for an offence under Part IV of this Act.

Fees

Fees for performance of EU obligations.

76

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reduction of fees.

77

Where a person gives assistance in connection with the inspection, testing or stamping of weighing or measuring equipment by an inspector, the local weights and measures authority may reduce, by sum which the authority considers is reasonable by reference to the assistance, the amount of any payment falling to be made by that person to the inspector in respect of the inspection, testing or stamping.

Fees received by inspectors.

78

Every inspector shall, at such times as the local weights and measures authority may direct, account for and pay over to that authority or as they may direct all fees taken by him for the performance of his duties.

Part VII — General

Enforcement and legal proceedings

General powers of inspection and entry.

79

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Investigatory powers

79A

For the investigatory powers available to a local weights and measures authority for the purposes of the enforcement of this Act, see Schedule 5 to the Consumer Rights Act 2015.

Obstruction of inspectors.

80

Any person who wilfully obstructs an inspector acting in pursuance of this Act ... shall be guilty of an offence.

Failure to provide assistance or information.

81

• (1) Any person who—

• (a) wilfully fails to comply with any requirement properly made of him by an inspector under section 38, 39 or 40 above, or

• (b) without reasonable cause fails to give to any inspector acting in pursuance of this Act any other assistance or information which the inspector may reasonably require of him for the purposes of the performance by the inspector of his functions under Part II, III, IV or VI of this Act ...,

shall be guilty of an offence.

• (2) If any person, in giving to an inspector any such information as is mentioned in subsection (1) above, gives any information which he knows to be false, he shall be guilty of an offence.

• (3) Nothing in this section shall be construed as requiring a person to answer any question or give any information if to do so might incriminate him.

• (4) Subsection (1) of section 14 of the Civil Evidence Act 1968 (which relates to the privilege against self-incrimination shall apply to the right conferred by subsection (3) above as it applies to the right described in subsection (1) of that section; but this subsection does not extend to Scotland.

Offences by corporations.

82

• (1) Where an offence under, or under any instrument made under, this Act which has been committed by a body corporate is proved 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 other 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.

• (2) In subsection (1) above “director” in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

Prosecution of offences.

83

• (1) In England and Wales, proceedings for any offence under this Act or any instrument made under this Act... shall not be instituted except by or on behalf of a local weights and measures authority or the chief officer of police for a police area.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Proceedings for an offence under any provision contained in, or having effect by virtue of, Part IV or V of this Act, other than proceedings for an offence under section 33(6), 57(2) or 64 or proceedings by virtue of section 32, shall not be instituted—

• (a) unless there has been served on the person charged a notice in writing of the date and nature of the offence alleged and..., where the proceedings are in respect of one or more of a number of articles of the same kind tested on the same occasion, of the results of the tests of all those articles; or

• (b) except were the person charged is a street trader, unless the said notice was served before the expiration of the period of thirty days beginning with the date when evidence which the person proposing to institute the proceedings considers is sufficient to justify a prosecution for the offence came to his knowledge; or

• (c) after the expiration of the period—

• (i) of twelve months beginning with the date mentioned in paragraph (a) above, or

• (ii) of three months beginning with the date mentioned in paragraph (b) above,

whichever first occurs.

• (4) Such a notice as is mentioned in subsection (3)(a) above may be served on any person—

• (a) if the proceedings are to be instituted in England and Wales, in accordance with Criminal Procedure Rules; or

• (b) if the proceedings are to be instituted in Scotland,

either by serving it on him personally or by sending it to him by post at his usual or last known residence or place of business in the United Kingdom or, in the case of a company, at the company’s registered office.

• (4A) For the purposes of subsection (4)(a)—

• (a) Criminal Procedure Rules (as they have effect from time to time) apply to the notice as if it were a document to be served in criminal proceedings before a magistrates’ court, and

• (b) any magistrates’ court may discharge functions conferred on a court by those Rules in relation to such service.

• (5) For the purposes of subsection (3) above—

• (a) a certificate of a person who institutes proceedings for an offence mentioned in that subsection which states that evidence came to his knowledge on a particular date shall be conclusive evidence of that fact; and

• (b) a document purporting to be a certificate of such a person and to be signed by him or on his behalf shall be presumed to be such a certificate unless the contrary is proved.

Penalties.

84

• (1) A person guilty of an offence under any of the provisions of this Act specified in subsection (2) below shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (2) The provisions of this Act to which subsection (1) above refers are—

• section 8(4);

• section 9(4);

• section 10(2);

• section 11(3);

• section 11(14);

• section 13(1);

• section 13(2);

• section 13(3);

• section 14(3);

• section 14(5);

• section 15(3);

• section 15(5);

• section 15A(3);

• section 18(3);

• section 20(2);

• section 20(4);

• section 20(7);

• section 20(8);

• section 80;

• section 81(1);

• section 81(2);

• paragraphs 4 and 5 of Schedule 4;

• paragraph 28(3) of Schedule 5.

• (3) A person guilty of an offence under paragraph 24(4)

of Schedule 5 to this Act shall be liable on summary conviction to a fine not exceeding £2,000.

• (4) A person guilty of an offence—

• (a) under section 17(3) or 20(3)(b) above, or

• (b) under paragraph 10 of Schedule 5 to this Act,

shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) A person guilty of an offence under any provision of this Act other than those mentioned in subsections (1) to (5) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (7) The Secretary of State may by order alter the penalty imposed by subsection (3) above but such an order shall not impose any penalty exceeding that provided by subsection (6) above.

Determination of certain questions by Secretary of State.

85

• (1) Where in any proceedings for an offence under this Act or any instrument made under it... any question arises as to the accuracy of any weighing or measuring equipment, the court shall at the request of any party to the proceedings, and may if it thinks fit without any such request, refer the question to the Secretary of State, whose decision shall be final.

• (2) Except where in any particular proceedings the Secretary of State waives his rights under this subsection, any expenses incurred by the Secretary of State in making any test for the purpose of determining any question referred to him under subsection (1) above shall be paid by such of the parties to the proceedings as the court may by order direct.

Miscellaneous and supplementary

Regulations and orders.

86

• (1) Any power to make orders or regulations conferred on the Secretary of State by this Act shall be exercisable by statutory instrument, and any such order or regulations may make different provision for different circumstances.

• (2) Before making—

• (a) an order under any provision of this Act except section 11(16), . . . ... 69(4) or 94(2) or paragraph 7 of Schedule 11, or

• (b) regulations under section 9 ...,

the Secretary of State shall consult such organisations as appear to him to be representative of interests substantially affected by the order or regulations.

• (3) In the case of an order made under section 1(3) or 8(6) above which relates to imperial units, measures or weights, the Secretary of State in acting under subsection (2) above shall have particular regard to the need to consult organisations representative of the interests of consumers.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) An order under any provision of this Act except section 11(16), . . . 69(4) or 94(2) or paragraph 7 of Schedule 11 shall not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

• (6) Any statutory instrument containing regulations made under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Secretary of State to report to Parliament.

87

The Secretary of State shall from time to time, and in any event not less than once in every five years, lay before each House of Parliament a report on the exercise of his functions under this Act....

Application to Crown.

88

• (1) Her Majesty may by Order in Council provide for the application to the Crown of such of the provisions of this Act or of any instrument made under it as may be specified in the Order, with such exceptions, adaptations and modifications as may be so specified.

• (2) Without prejudice to the generality of subsection (1) above, an Order in Council under this section may make special provision for the enforcement of any provisions applied by the Order, and, in particular, as to the person liable to be proceeded against for any offence under any such provision.

• (3) A statutory instrument containing an Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Saving for use of certain units in wholesale transactions.

89

• (1) Except as the Secretary of State may by order otherwise provide, and subject to subsection (2) below, nothing in this Act shall make unlawful the use in any transaction, by agreement between the parties to that transaction, of any unit of measurement which—

• (a) was customarily used for trade in the like transactions immediately before 31st July 1963, and

• (b) is not inconsistent with anything for the time being contained in Schedule 1 to this Act,

notwithstanding that the unit in question is not included in Parts I to V of that schedule.

• (2) Subsection (1) above shall not apply in relation to—

• (a) any retail transaction, or

• (b) any transaction with respect to which provision to the contrary effect is made by or under Part IV of this Act.

Saving for certain rights in City of London.

90

• (1) Subject to subsection (2) below, nothing in this Act shall affect any rights of the mayor and commonalty and citizens of the City of London or of the Lord Mayor of the City of London for the time being with respect to the stamping or sealing of weights and measures, or with respect to the gauging of wine or oil or other gaugeable liquors.

• (2) A person using weighing or measuring equipment within the City of London shall not be required to have that equipment passed or stamped by more than one authority.

Validity of contracts.

91

No contract for the sale or carriage for reward of any goods shall be void by reason only of a contravention of any provision contained in or made under this Act with respect to any document which is, or is required by that provision to be, associated with the goods.

Spelling of “gram”, etc.

92

No provision contained in or made under this or any other Act prevents the use of “gram” or “gramme” as alternative ways of spelling that unit, and the same applies for other units in the metric system which are compounds of “gram”.

Powers under other Acts with respect to marking of food.

93

Any power to make provision by statutory instrument with respect to the marking of any food which is conferred on any person other than the Secretary of State by any Act passed before 31st July 1963 or by the Food Safety Act 1990shall not extend to the marking of such food with a statement of its quantity by weight or other measurement or by number.

General interpretation.

94

• (1) Except where the context otherwise requires, in this Act—

• “approved verifier” has the meaning given by section 11(6A) above;

• “capacity measurement” means measurement in terms of a unit of measurement included in Part IV of Schedule 1 to this Act;

• “check-weighed”, in relation to any vehicle, means weighed with its load by means of the nearest suitable and available weighing equipment, and weighed again after it has been unloaded by means of the same or other suitable weighing equipment;

• “chief inspector” means a chief inspector of weights and measures appointed under section 72(1) above;

• “container” ... includes any form of packaging of goods for sale as a single item, whether by way of wholly or partly enclosing the goods or by way of attaching the goods to, or winding the goods round, some other article, and in particular includes a wrapper or confining band;

• “contravention”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;

• “credentials”, in relation to an inspector, means authority in writing from the local weights and measures authority who appointed him for the exercise by that inspector of powers conferred on inspectors by this Act:

• “Department for Business and Trade standards” means the secondary, tertiary and coinage standards maintained by the Secretary of State under section 3 above;

• “drugs” and “food” have the same meanings respectively as for the purposes of the Food Safety Act 1990;

• “the FIC Regulation” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers;

• “gross weight”, in relation to any goods, means the aggregate weight of the goods and any container in or on which they are made up;

• “indication of quantity”, in relation to any container in or on which goods are made up, means a statement in writing to the effect that those goods are of, or of not less than, a specified quantity by net weight, gross weight or other measurement or by number, as the case may require;

• “industrial use”, in relation to any goods, means the use of those goods in the manufacture of, or for incorporation in, goods of a different description in the course of the carrying on of a business;

• “inspector” means an inspector of weights and measures appointed under section 72(1) above;

• “intoxicating liquor” means spirits, beer, wine, made-wine or cider as defined in section 1 of the Alcoholic Liquor Duties Act 1979;

• “local standard” means a standard maintained under section 4 above;

• “mark” includes label;

• “occupier”, in relation to any stall, vehicle, ship or aircraft or in relation to the use of any place for any purpose, means the person for the time being in charge of the stall, vehicle, ship or aircraft or, as the case may be, the person for the time being using that place for that purpose;

• “packaged goods regulations” means the Weights and Measures (Packaged Goods) Regulations 2006;

• “premises”, except in section 45 above, includes any place and any stall, vehicle, ship or aircraft;

• “pre-packed” means made up in advance ready for retail sale in or on a container;

• “prescribed” means prescribed by the Secretary of State by regulations’

• “secondary standard” means a standard maintained under section 3(2) above;

• “ship” includes any boat and any other description of vessel used in navigation;

• “stamp” means, subject to section 15A(4) above, a mark for use as evidence of the passing of weighing or measuring equipment as fit for use for trade, whether applied by impressing, casting, engraving, etching, branding, or otherwise, and cognate expressions shall be construed accordingly;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “tertiary standard” means a standard maintained under section 3(3) above;

• “testing equipment” means testing equipment maintained under section 5 above;

• “United Kingdom primary standard” means a standard maintained under section 2 above;

• “use for trade” shall be construed in accordance with section 7 above;

• “weighing or measuring equipment” means equipment for measuring in terms of length, area, volume, capacity, weight or number, whether or not the equipment is constructed to give an indication of the measurement made or other information determined by reference to that measurement;

• “working standard” means a standard maintained under section 5 above.

• (2) In any provision of this Act “designated country” means such, if any, of the following, that is to say, Northern Ireland, any of the Channel Islands and the Isle of Man, as the Secretary of State, having regard to the law for the time being in force there, thinks it proper to designate for the purposes of that provision by order.

• (3) On any premises where articles of any description are—

• (a) made up in advance ready for retail sale in or on a container, or

• (b) kept or stored for sale after being so made up,

any article of that description found made up in or on a container shall be deemed to be pre-packed unless the contrary is proved; and it shall not be sufficient proof of the contrary to show that the container has not been marked in accordance with the requirements of this Act or any instrument made under it with respect to the pre-packing of such articles.

• (4) Except where the context otherwise requires, any reference in this Act to any person, other than a reference to an inspector, shall be construed as a reference to that person or some other person acting on his behalf in the matter in question.

Application to Northern Ireland.

95

Schedule 10 to this Act shall have effect in relation to Northern Ireland but, except as provided in that Schedule, this Act shall not extend to Northern Ireland.

Transitional provisions and savings.

96

• (1) Schedule 11 to this Act (which contains transitional provisions and savings) shall have effect.

• (2) The re-enactment—

• (a) in section 84(3) of, and Part IV of Schedule 5 to, this Act, of provisions contained in the Weights and Measures (Solid Fuel) (Carriage by Rail) Order 1966, and

• (b) in paragraphs 12 to 17, 22 and 25 of Schedule 11 to this Act, of provisions contained in the Units of Measurement Regulations 1978 and the Units of Measurement Regulations 1980,

shall be without prejudice to the validity of those provisions; and any question as to the validity of any of those provisions shall be determined as if the re-enacting provision of this Act were contained in a statutory instrument made under the powers under which the original provision was made.

• (3) The provisions of Schedule 11 to this Act are without prejudice to the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals).

Consequential amendments.

97

Schedule 12 to this Act shall have effect.

Repeals and revocations.

98

• (1) The enactments specified in Part I of Schedule 13 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

• (2) The instruments specified in Part II of Schedule 13 to this Act are hereby revoked to the extent specified in the third column of that Schedule.

Short title and commencement.

99

• (1) This Act may be cited as the Weights and Measures Act 1985.

• (2) . . . this Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

SCHEDULE 1

Part I — Measurement of Length

Imperial units

Metric units

Part II — Measurement of Area

Imperial units

Metric units

Part III — Measurement of Volume

Metric units

Part IV — Measurement of Capacity

Imperial unit

Metric units

Part V — Measurement of Mass or Weight

Imperial unit

Metric units

PART VI — Definitions of certain units which may not be used for trade except as supplementary indications

Part VII — Measurement of Electricity

SCHEDULE 2

Part I — Description of United Kingdom primary standard of the yard

A solid bronze bar, about 38 inches long and about 1 inch square in transverse section, marked “Copper 16 oz. Tin 2½ Zinc 1 Mr. Baily’s Metal No. 1 STANDARD YARD at 62°·00 Faht. Cast in 1845 Troughton & Simms, LONDON.” and having near to each end a cylindrical hole sunk to the depth of about½ inch at the bottom of which is inserted in a smaller hole a golden plug about one-tenth of an inch in diameter with, cut upon its surface, three fine lines about one hundredth of an inch apart transverse, and two fine lines about three hundredths of an inch apart parallel, to the axis of the bar, measurement being made of the mean interval between the two plugs on their respective middle transverse lines between their respective longitudinal lines when the bar is at the temperature of 62° Fahrenheit and supported on bronze rollers placed under it in such manner as best to avoid flexure of the bar and to facilitate its free expansion and contraction from variations of temperature.

Part II — Description of United Kingdom primary standard of the pound

A platinum cylinder about 1.35 inches in height and about 1.15 inches in diameter marked “PS 1844 1 lb”, having its edges rounded off and a groove about 0.34 inch below the top of the cylinder.

Part III — Description of United Kingdom primary standard of the metre

The British copy of the prototype metre, being a bar about 102 centimetres long with a cross-section of modified X-form and made of platinum-iridium alloy (90 per cent. platinum, 10 per cent. iridium), bearing at one end the markings “0°C & 20°C”, “A.16 SIP GENEVE 1956” and (on the cross-section) “1” and at the other end the markings “B.16” and (on the cross-section) “2”, and having engraved on the exposed neutral plane—

measurement being made of the mean interval between the portions of the most widely separated transverse lines which are between the respective longitudinal lines when the bar is at the temperature of 0° Celsius, is subjected to an atmospheric pressure of 1013.250 millibars, and is supported on two rollers at least one centimetre in diameter placed symmetrically 571 millimetres apart in the same horizontal plane.

Part IV — Description of United Kingdom primary standard of the kilogram

The British copy of the prototype kilogram, being a solid cylinder marked “18” of height equal to its diameter made of platinum-iridium alloy (90 per cent. platinum, 10 per cent. iridium).

Part V — Authorised copies of United Kingdom primary standards of the yard and pound

Copies of the bar and cylinder described in Parts I and II respectively of this Schedule of the same construction and as that bar and cylinder are respectively marked and deposited as follows—

SCHEDULE 3

Part I — Linear Measures

1.. . .

Metric system

Part II — Square Measures

1.. . .

Metric system

Part III — Cubic Measures

Metric system

any multiple of 10 litres

Part IV — Capacity Measures

Imperial system

any multiple of 1 gallon

Metric system

2.Measures of—

any multiple of 10 litres

Part V — Weights

Imperial system

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Weights of—

Metric system

3

Weights of—

4

Weights of—

SCHEDULE 3A

PART I — APPROVALS: GENERAL

Fees

1

Where–

• (a) any person makes an application for an approval, or

• (b) an approval is to be, or has been, granted to any person,

the Secretary of State may require that person to pay, in respect of any work carried out by or on behalf of the Secretary of State in relation to the application or the approval, such reasonable fee as the Secretary of State may determine with the approval of the Treasury.

Form, effect and conditions of approvals

2

• (1) An approval shall be in writing and, unless previously withdrawn in accordance with any term in that behalf contained in the approval and subject to the following provisions of this Part of this Schedule, shall continue in force for such period (not exceeding five years) as may be specified in the approval.

• (2) An approval–

• (a) shall specify the classes or descriptions of weighing or measuring equipment for the testing, passing as fit for use for trade and stamping of which the verifier is approved,

• (b) may include such conditions as appear to the Secretary of State to be requisite or expedient having regard to the need to ensure that only such equipment as is fit for use for trade is passed as fit for such use, and

• (c) shall contain conditions requiring the verifier to satisfy the requirements set out in Part II of this Schedule.

• (3) Without prejudice to the generality of sub-paragraph (2) above, conditions included in an approval by virtue of that sub-paragraph may–

• (a) require the verifier to comply with any direction given by the Secretary of State as to such matters as are specified in the approval or are of a description so specified;

• (b) require the verifier to ensure that his procedures for the testing of weighing or measuring equipment conform with such quality standards as are specified in the approval or are of a description so specified.

Suspension of approvals

3

• (1) If it appears to an inspector that, otherwise than in accordance with section 15A of this Act, the prescribed stamp has been, or is being, applied by an approved verifier to equipment which had not, or has not, been duly tested and passed as fit for use for trade, he may give to the verifier a notice (a “suspension notice”) suspending the verifier’s approval (either generally or in relation to particular areas or places) for a period not exceeding 28 days.

• (2) Where an inspector gives a suspension notice, he shall forthwith send a copy of the notice to the Secretary of State and inform the approved verifier in writing of–

• (a) the circumstances which have led to the giving of the notice;

• (b) the date on which the notice takes effect; and

• (c) the effect of the following provisions of this paragraph.

• (3) An approved verifier who has taken steps to prevent a recurrence of the circumstances which led to the giving of a suspension notice may apply to the inspector for the suspension to be withdrawn before the expiry of the specified period; and an application under this sub-paragraph–

• (a) shall be made by notice to the inspector given not later than 21 days after the date of the suspension notice, and

• (b) shall state the steps taken to prevent such a recurrence.

• (4) An inspector shall consider any application made to him under sub-paragraph (3) above and, having done so, shall notify the approved verifier of his decision.

• (5) An approved verifier who is aggrieved by a suspension notice may apply to the Secretary of State to review the suspension; and an application under this sub-paragraph–

• (a) shall be made by notice to the Secretary of State given not later than 21 days after the date of the suspension notice, and

• (b) shall state the grounds on which the application is made.

• (6) The Secretary of State shall consider any application under sub-paragraph (5) above and, having done so, shall notify the approved verifier and the inspector of his decision.

• (7) Where the Secretary of State decides under sub-paragraph (6) above to uphold the suspension, he shall also notify the approved verifier and the inspector of the grounds for his decision.

• (8) Where the Secretary of State decides under sub-paragraph (6) above not to uphold the suspension, he shall instruct the inspector to withdraw the suspension.

Withdrawal of approvals

4

• (1) Subject to sub-paragraph (2) below, the Secretary of State may by written notice withdraw an approval if at any time during the continuance of the approval–

• (a) he is of the opinion that if the approval had expired at that time he would have been minded not to grant a further approval;

• (b) it appears to him on reasonable grounds that the verifier is, or has been, in breach of any condition contained in the approval; or

• (c) any fee due to the Secretary of State by virtue of a requirement made by him under paragraph 1 above has not been paid.

• (2) Except where the Secretary of State considers in the circumstances of any particular case that it is necessary for him to withdraw an approval without delay, he shall not withdraw an approval unless he has given the verifier at least 28 days written notice of his intention to do so and of the grounds for withdrawal.

• (3) Where the Secretary of State withdraws an approval without giving the notice required by sub-paragraph (2) above, he shall, at or before the time when the withdrawal takes effect, give the verifier written notice of the grounds for withdrawal and of his reasons for considering it necessary to withdraw the approval without delay.

• (4) Where a verifier receives notice under sub-paragraph (2) or (3) above, he may within 21 days of receipt of the notice make representations in writing to the Secretary of State.

• (5) The Secretary of State shall consider any representations so made and, having done so, shall notify the verifier of his decision.

Grant of new approval following withdrawal

5

• (1) Where the Secretary of State decides, whether in the light of representations or otherwise, that an approval which has been withdrawn should not have been withdrawn, he shall as soon as reasonably practicable grant a new approval to the former verifier.

• (2) The new approval shall expire on the date on which the withdrawn approval would have expired and (except as may otherwise be agreed with the former verifier) shall be subject to the same terms and conditions as the withdrawn approval.

• (3) Where the Secretary of State grants a new approval under sub-paragraph (1) above, the verifier shall be deemed to have remained approved for the period beginning on the date on which the original approval was withdrawn and ending on the date on which the new approval took effect.

Application for further approval

6

• (1) This paragraph applies where, not less than three months before the end of the period specified in an approval as the period for which the approval is to continue in force, the verifier applies to the Secretary of State for the grant of a further approval in the same, or substantially the same, terms as those of the existing approval.

• (2) The existing approval shall remain in force until the Secretary of State gives the verifier notice of the Secretary of State’s decision with respect to the application.

PART II — REQUIREMENTS TO BE MET BY APPROVED VERIFIERS

Maintenance of quality system

7

• (1) An approved verifier shall maintain in force such systems and procedures (in this Part of this Schedule referred to as his quality system) as will ensure that–

• (a) any weighing or measuring equipment passed by the verifier as fit for use for trade satisfies any requirements relating to it imposed by or under this Act; and

• (b) adequate testing procedures are undertaken by the verifier having regard to the nature of weighing or measuring equipment with which the verifier is concerned and, in particular, to whether any such equipment is electronic.

• (2) An approved verifier shall give the Secretary of State written notice, within five working days of their occurrence, of any modifications to the verifier’s quality system which are liable to affect its appropriateness or effectiveness.

• (3) An approved verifier shall permit the Secretary of State, at any reasonable time after giving written notice, to carry out such audits and inspections of the verifier’s quality system as the Secretary of State considers necessary to establish that the conditions of the approval have been, and will continue to be, observed.

Preparation etc. of quality system manual

8

• (1) An approved verifier shall prepare and keep up-to-date a quality system manual, that is to say, a document–

• (a) showing how his quality system satisfies the requirements of paragraph 7(1) above;

• (b) setting out the objectives of that system;

• (c) containing details of his organisational structure, including details of–

• (i) the persons who have management responsibility for that system, including their names and individual responsibilities;

• (ii) the persons who are authorised to test, pass or stamp weighing or measuring equipment with which the verifier is concerned, including their names and qualifications;

• (d) containing details of the equipment and other items required for the testing of weighing or measuring equipment with which the verifier is concerned;

• (e) containing a description of the regulations made under this Act, and certificates of approval issued under section 12 of this Act, which are applicable to the testing, passing or stamping of weighing or measuring equipment with which the verifier is concerned;

• (f) containing a description of the verifier’s procedures–

• (i) for the testing of weighing or measuring equipment;

• (ii) for ensuring that weighing or measuring equipment passed as fit for use for trade conforms with any such regulations and (where applicable) any such certificates of approval;

• (iii) for ensuring that weighing or measuring equipment which does not conform with any such regulations, or (where applicable) any such certificates of approval, is prevented from being passed as fit for use for trade;

• (iv) for ensuring that any persons conducting tests of weighing or measuring equipment have the necessary skills and qualifications to do so;

• (v) for ensuring that the verifier exercises control over and retains responsibility for the actions of any sub-contractor of his in relation to the testing of weighing and measuring equipment;

• (vi) for enabling identification of individual items or batches of weighing or measuring equipment;

• (vii) for the control of the equipment used for the testing of weighing or measuring equipment;

• (viii) for the control and use of the prescribed stamp;

• (ix) for the control of documents and data;

• (x) for undertaking internal reviews and audits of the verifier’s quality system; and

• (g) containing a description of the verifier’s system of records for showing that any weighing or measuring equipment passed as fit for use for trade conforms with any such regulations and (where applicable) any such certificates of approval.

• (2) An approved verifier shall, on demand by the Secretary of State, provide him with such copies of or extracts from the verifier’s quality system manual as may be specified or of a description specified in the demand.

Keeping of records

9

An approved verifier shall keep a record of every test carried out by him of equipment to which section 11 of this Act applies.

Schedule 4

Part I — General Provisions

1

In this Schedule, " ballast" means any of the following materials, that is to say—

• (a) sand, gravel, shingle, ashes and clinker of any description,

• (b) broken slag, slag chippings, granite chippings, limestone chippings, slate chippings and other stone chippings (including such materials which have been coated with tar, bitumen or cement),

• (c) any other material commonly used in the building and civil engineering industries as a hardcore or an aggregate, and

• (d) any other material commonly known in those industries as ballast.

2

Subject to paragraphs 3 and 11 below ballast—

• (a) if made up in advance ready for retail sale or wholesale in a securely closed container, shall be sold only by volume or by net weight, and

• (b) if not so made up, shall be sold only by volume in a multiple of 0.2 cubic metre or by net weight.

3

There shall be exempted from the requirements of paragraph 2 above—

• (a) ballast in a quantity both less than 1 tonne and less than one cubic metre,

• (b) any sale with a view to its industrial use of ballast of any description mentioned in paragraph 1(b), (c) or (d) above,

• (c) any sale in the case of which the buyer is to take delivery in or from a ship,

• (d) any sale as a whole of ballast produced in the demolition or partial demolition of a building where the buyer is responsible for the removal of the ballast from the site of the building, and

• (e) any sale in the state in which it was produced of clinker or ashes produced as a by-product, or of any other ballast produced as a casual product, of the carrying on of an industrial process on any premises or of the mining of coal where the buyer is responsible for the removal of the ballast from those premises or, as the case may be, from the colliery tip.

4

Without prejudice to section 15 of this Act, no article shall be used for trade as a cubic measure of ballast other than a receptacle (which may, if so desired, form part of a vehicle) which conforms with such requirements as to form, capacity, calibration and other matters as may be prescribed ; and any person who uses for trade, or has in his possession for use for trade, as a cubic measure of ballast any article other than such a receptacle shall be guilty of an offence.

5

In measuring any ballast against a calibration mark on such a receptacle as mentioned in paragraph 4 above, the ballast shall be filled into all parts of the receptacle as far as, and be levelled off against, that calibration mark as nearly as the nature of the ballast will permit; and where any ballast is measured for the purposes of trade in such a receptacle, any person who—

• (a) being the person carrying out the measuring, fails so to level off the ballast when it is loaded into the receptacle, or

• (b) causes or permits a heaped load to be sent out in the receptacle, shall be guilty of an offence.

Part II — Carriage of Ballast by Road

6

This Part of this Schedule shall have effect with respect to the carriage of ballast by a road vehicle on a journey any part of which is along a highway.

7

• (1) If any of the ballast is being carried for delivery to a buyer in pursuance of, or of an agreement for, its sale and paragraph 2 above applies to the sale, the following provisions of this paragraph shall have effect with respect to that ballast.

• (2) There shall, before the journey begins, be delivered to the person in charge of the vehicle a document signed by or on behalf of the seller (in this paragraph referred to as "the delivery document ") stating—

• (a) the name and address of the seller,

• (b) the name of the buyer, and the address of the premises to which the ballast is being delivered,

• (c) the type of the ballast,

• (d) subject to sub-paragraph (4) below, the quantity of the ballast either by net weight or by volume,

• (e) sufficient particulars to identify the vehicle, and

• (f) the place, date and time of the loading of the ballast in the vehicle.

• (3) Where the quantity of the ballast is stated in the delivery document by volume, the ballast shall be carried on the vehicle only in such a receptacle as is mentioned in paragraph 4 above.

• (4) The statement referred to in sub-paragraph (2)(d) above shall not be required at any time while the vehicle is travelling between the place where it was loaded and the nearest suitable and available weighing equipment if the whole of the vehicle's load is being delivered to the same person at the same premises and the delivery document states that the quantity of the ballast is to be expressed by net weight determined by means of that equipment and specifies the place at which the equipment is situated.

• (5) In any case to which sub-paragraph (4) above applies, the person in charge of the vehicle at the time when the net weight of the ballast is determined shall forthwith add to the delivery document a statement of that net weight, and if he fails so to do he shall be guilty of an offence.

• (6) If any of the provisions of sub-paragraph (2) or (3) above is contravened, the seller shall be guilty of an offence.

• (7) If the vehicle is carrying ballast as mentioned in sub-paragraph (1) above for delivery to each of two or more persons, sub-paragraphs (1) to (3) above shall apply separately in relation to each of those persons ; but this sub-paragraph shall not be construed as prohibiting the use of the same receptacle such as is mentioned in sub-paragraph (3) above for the carriage of ballast for delivery to two or more different persons.

8

• (1) Subject to sub-paragraph (2) below, if all or any of the ballast on the vehicle is being carried in such circumstances that paragraph 7 above does not apply to it, there shall before the journey begins be delivered to the person in charge of the vehicle a document containing a statement to that effect signed by or on behalf of the person causing that ballast to be carried and giving the name and address of the last-mentioned person, and if this paragraph is contravened the last-mentioned person shall be guilty of an offence.

• (2) Sub-paragraph (1) above shall not apply where all the ballast in the vehicle is being carried in such circumstances that paragraph 7 does not apply to it and is being so carried in a container which does not form part of the vehicle.

9

Any document required by paragraph 7 or 8 above shall at all times during the journey be carried by the person for the time being in charge of the vehicle and shall be handed over by him to any other person to whom he hands over the charge of the vehicle in the course of the journey; and in the case of any document such as is mentioned in paragraph 7 above, on the unloading of the ballast to which the document relates at the premises to which that ballast is to be delivered—

• (a) before any of that ballast is so unloaded, the document shall be handed over to the buyer, or

• (b) if the document cannot be so handed over by reason of the absence of the buyer, it shall be left at some suitable place at those premises;

and if at any time any of the provisions of this paragraph is contravened without reasonable cause, the person in charge of the vehicle at that time shall be guilty of an offence.

10

In the case of any document such as is mentioned in paragraph 7 above, if at any time during the journey or on unloading at the place of delivery the quantity of the ballast to which the document relates is found to be less than that stated in the document, the statement shall nevertheless be deemed for the purposes of this Act to be correct if, but only if, it is proved that the deficency is solely attributable to the draining away of normal moisture from, or tie consolidation of, the ballast during the journey.

Part III — Application to Scotland

11

• (1) In Scotland, paragraph 2 above and Part II of this Schedule shall have effect only in such areas as the Secretary of State may by order specify.

• (2) In relation to any area specified by order under sub-paragraph (1) above, a sale of ballast in a quantity both less than 2 tonnes and less than 2 cubic metres shall be exempted from the requirements of paragraph 2 above if the sale is effected, and the ballast is situated, in Scotland.

SCHEDULE 5

Part I — General

Introductory

1

This Schedule applies to goods of any of the following descriptions (in this Schedule referred to as “solid fuel”), that is to say—

• (a) coal,

• (b) coke, and

• (c) any solid fuel derived from coal or of which coal or coke is a constituent.

Sales by net weight

2

• (1) Subject to sub-paragraphs (2) and (3) below, solid fuel shall be sold only by net weight.

• (2) There shall be exempted from the requirements of sub-paragraph (1) above—

• (a) briquettes in a quantity not exceeding 7.5 kilograms, and

• (b) any solid fuel pre-packed in a securely closed container marked with an indication of quantity by net weight.

• (3) In the case of any area in Scotland which the Secretary of State may by order specify for the purposes of this sub-paragraph, solid fuel for delivery in that araea may be sold by volume in a quantity of 0\2 cubic metre or a multiple of 0\2 cubic metre.

Quantities in containers

3

• (1) Solid fuel—

• (a) if made up in advance ready for retail sale or wholesale in a securely closed container, shall be sold only by net weight, and

• (b) if not so made up, shall be sold only in one of the following quantities by net weight, namely—

• (i) 25 kilograms;

• (ii) 50 kilograms;

• (iii) any multiple of 50 kilograms.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) This paragraph and paragraphs 4, 5 and 6 below have effect subject to the exemptions in paragraph 7.

Indication of quantity

4

• (1) This paragraph applies to solid fuel made up in a container for sale, or for delivery after sale, except where it is made up . . . in a container which is not securely closed.

• (2) The solid fuel shall be made up in a container for sale, or for delivery after sale, only if the container is marked with an indication of quantity by net weight.

Loads on vehicles

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information about containers . . .

6

• (1) This paragraph applies where solid fuel is carried on a road vehicle on a highway for sale, or for delivery after sale, and is made up . . . in containers which are not securely closed or is delivered from the vehicle in such containers . . ..

• (2) There shall be displayed on the vehicle—

• (a) an indication of the quantity, or quantities, by net weight of the fuel comprised in the containers (other than any securely closed containers) on, or delivered from, the vehicle, and

• (b) a statement of the name and address of the seller.

• (3) Regulations under section 23 of this Act may prescribe the manner in which the information required by sub-paragraph (2) above is to be displayed, and a person who contravenes any such regulation shall be guilty of an offence.

• (4) If this paragraph is contravened, the seller, and any other person who is in charge of the vehicle at the time of the contravention, shall each be guilty of an offence.

Exemptions

7

There shall be exempted from all the requirements of paragraphs 3, 4, 5 and 6 above—

• (a) solid fuel supplied under arrangements made in the coal industry for the supply of solid fuel to persons who are or have been employed in that industry or to the dependants of such persons;

• (b) solid fuel made up in a container only for ease of handling as part of the load of a vehicle or ship where the whole of that load so far as it consists of solid fuel is being delivered to a single buyer.

Vending machines

8

Solid fuel shall be sold by means of, or offered or exposed for sale in, a vending machine only if there is displayed on or in the machine—

• (a) an indication of the quantity by net weight of the fuel comprised in each item for sale by means of that machine; and

• (b) except where the machine is on premises at which the seller carries on business, a statement of the name and address of the seller.

Byelaws

9

A local weights and measures authority may make byelaws, subject to the confirmation of the Secretary of State,—

• (a) for securing that on any premises within their area on or from which solid fuel available for purchase in a quantity of 100 kilograms or less is sold or kept or exposed for sale there is displayed a notice specifying the price of the fuel,

• (b) prohibiting the sale on or from any such premises of any such fuel at a higher price than that so displayed in relation to that fuel, and

• (c) prescribing penalties not exceeding level 2 on the standard scale for any offence under such byelaws.

Damping of fuel

10

Any person who with intent to defraud or deceive damps any solid fuel shall be guilty of an offence.

Sale of fuel from vehicles

11

• (1) This paragraph applies to any vehicle which is used on highways for carying solid fuel for sale, or for delivery after sale; and in this paragraph “container” means any container in which solid fuel is carried on such a vehicle, or is delivered from such a vehicle.

• (2) The Secretary of State may by order make provision—

• (a) for securing the display on any such vehicle of an indication of the quantities in which solid fuel is made up in containers;

• (b) for requiring all containers carried on or delivered from any one vehicle to be made up in the same quantity, or for regulating in any other way the quantities in which they are made up;

• (c) for imposing any requirement as to the loading of the vehicle, or the delivery of solid fuel from the vehicle, which appears to the Secretary of State appropriate for securing that purchasers are not misled as to the quantity of fuel they purchase.

• (3) An order under sub-paragraph (2)

above may—

• (a) make provision for any of the purposes mentioned in that sub-paragraph by means of amending, or of applying with or without modifications, or of excluding the application in whole or in part of, any of the preceding paragraphs of this Schedule;

• (b) contain such consequential, incidental or supplementary provision, whether of such kinds as aforesaid or otherwise, as appear to the Secretary of State to be expedient;

• (c) may in particular make provision, in respect of contraventions of the order for which no penalty is provided by this Act, for the imposition of penalties not exceeding those provided by section 84(6) of this Act for an offence under this Act.

12

An order under section 22 of this act may amend or repeal any of the preceding paragraphs of this Schedule.

Part II — Weighing of Solid Fuel at Buyer’s Request

13

If in the case of any solid fuel sold otherwise than by means of a vending machine the buyer so requests—

• (a) with respect to any of that fuel the delivery of which has not at the time of the request been completed, or

• (b) if the request is made before the departure from the premises at which the fuel is delivered of the person delivering it, with respect to any of that fuel the delivery of which has been completed but which is still capable of identification,

the seller shall cause the fuel to be weighed by means of suitable weighing equipment in the presence of the buyer and, in the case of any fuel such as is mentioned in sub-paragraph (a) of this paragraph, before the delivery of that fuel is completed; and if this paragraph is contravened, the seller shall be guilty of an offence.

14

Where a request under paragraph 13 above is made in respect of the whole load of a vehicle, the requirements of that paragraph shall be deemed to be satisfied, notwithstanding that the weighing is not done in the presence of the buyer, if the seller causes the vehicle to be check-weighed and the statements of the weights found by the person or persons attending to the check-weighing to be delivered to the buyer.

15

Where after any weighing in pursuance of a request under paragraph 13 above the weight of the solid fuel is found to be not less than that marked on any container in which the fuel was made up or than that stated by the seller in any document delivered to the buyer at or before the delivery of the fuel to him, the buyer shall be liable to repay to the seller all costs reasonably incurred by the seller in connection with the weighing.

Part III — Carriage of Solid Fuel by Road

16

This Part of this Schedule shall have effect with respect to the carriage by a road vehicle on a journey any part of which is along a highway of any solid fuel required by paragraph 2 above to be sold only by net weight (in this Part of this Schedule referred to as “relevant goods”).

17

• (1) If the vehicle is carrying any relevant goods for delivery to a buyer in pursuance of, or of an agreement for, a sale of a quantity exceeding 110 kilograms, then, subject to sub-paragraph (6) below, there shall before the journey begins be delivered to the person in charge of the vehicle a document signed by or on behalf of the seller (in this paragraph referred to as “the delivery document”) stating—

• (a) the name and address of the seller,

• (b) the name of the buyer and the address of the premises to which the goods to which the document relates are being delivered,

• (c) the type of those goods,

• (d) subject to sub-paragraph (2) below, the aggregate net weight of those goods, and

• (e) where any of those goods are made up in containers—

• (i) the number of those containers, and

• (ii) except where the whole of the relevant goods carried on the vehicle are for delivery to a single buyer, and except where the whole of the vehicle’s load consists of such solid fuel as is mentioned in paragraph 7(a) above, the net weight of the goods in each of those containers;

and if this sub-paragraph is contravened the seller shall be guilty of an offence.

• (2) Where the whole of the vehicle’s load consists of relevant goods not made up in containers and is being delivered to the same person at the same premises, the statement referred to in sub-paragraph (1)(d) above shall not be required at any time while the vehicle is travelling between the place where it was loaded and the nearest suitable and available weighing equipment if the delivery document states that the quantity of the relevant goods is to be expressed by net weight determined by means of that equipment and specifies the place at which the equipment is situated.

• (3) In any case to which sub-paragraph (2) above applies, the person in charge of the vehicle at the time when the net weight of the relevant goods is determined shall forthwith add to the delivery document a statement of that net weight, and if he fails so to do he shall be guilty of an offence.