Weights and Measures Act 1985

• (6) Where any liquid goods are sold by capacity measurement and the quantity sold is measured at the time of delivery and elsewhere than at the premises of the seller, subsection (2) above shall not apply but, unless the quantity by capacity measurement of the goods sold is measured in the presence of the buyer, the person by whom the goods are delivered shall immediately after the delivery hand to the buyer, or if the buyer is not present leave at some suitable place at the premises at which the goods are delivered, a statement in writing of the quantity by capacity measurement delivered, and if without reasonable cause he fails so to do he shall be guilty of an offence.

Exemption from requirements of section 26.

27

• (1) The Secretary of State may by order grant, with respect to goods or sales of such descriptions as may be specified in the order, exemption, either generally or in such circumstances as may be so specified, from all or any of the requirements of section 26 above.

• (2) Until otherwise provided by an order under subsection (1) above, nothing in section 26 above shall apply to—

• (a) a sale by retail from a vehicle of—

• (i) any of the following in a quantity not exceeding 110 kilograms, that is to say, any solid fuel within the meaning of Schedule 5 to this Act, and wood fuel, or

• (ii) any of the following in a quantity not exceeding 25 litres, that is to say, liquid fuel, lubricating oil, and any mixture of such fuel and oil,

• (b) a sale by retail of bread within the meaning of the Weights and Measures Act 1963 (Miscellaneous Foods) Order 1984,

• (c) goods made up for sale (whether by way of pre-packing or otherwise) in or on a container marked with a statement in writing with respect to the quantity of the goods expressed in the manner in question, being a container which is delivered with the goods,

• (d) a sale of goods in the case of which a document stating the quantity of the goods expressed in the manner in question is required to be delivered to the buyer or consignee of the goods by or under any other provision of this Part of this Act,

• (e) any such goods or sales as are mentioned in section 24(2)(a) to (d) above,

• (f) a sale of intoxicating liquor for consumption at the premises of the seller,

• (g) a sale by means of a vending machine, or

• (h) goods delivered at premises of the buyer by means of an installation providing a connection of a permanent nature between those premises and premises of the seller.

• (3) Nothing in section 26 above shall apply to goods that are subject to the FIC Regulation.

General offences

Short weight, etc.

28

• (1) Subject to sections 33 to 37 below, any person who, in selling or purporting to sell any goods by weight or other measurement or by number, delivers or causes to be delivered to the buyer—

• (a) a lesser quantity than that purported to be sold, or

• (b) a lesser quantity than corresponds with the price charged,

shall be guilty of an offence.

• (2) For the purposes of this section—

• (a) the quantity of goods in a package, or of a loaf of bread, to which the packaged goods regulations apply shall be deemed to be the nominal quantity (within the meaning of those regulations) of the package or the loaf of bread; and

• (b) any statement, whether oral or in writing, as to the weight of any goods shall be taken, unless otherwise expressed, to be a statement as to the net weight of the goods.

• (3) Nothing in this section shall apply in relation to any such goods or sales as are mentioned in section 24(2)(a) or (b) above.

Misrepresentation.

29

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

Quantity less than stated.

30

• (1) If, in the case of any goods that are pre-packed within the meaning of this Act or are prepacked food within the meaning of the FIC Regulation and (in either case) are in or on a container marked with a statement in writing with respect to the quantity of the goods, the quantity of the goods is at any time found to be less than that stated, then, subject to sections 33 to 37 below—

• (a) any person who has those goods in his possession for sale shall be guilty of an offence, and

• (b) if it is shown that the deficiency cannot be accounted for by anything occurring after the goods had been sold by retail and delivered to, or to a person nominated in that behalf by, the buyer, any person by whom or on whose behalf those goods have been sold or agreed to be sold at any time while they were pre-packed within the meaning of this Act or were prepacked food within the meaning of the FIC Regulation and (in either case) were in or on the container in question, shall be guilty of an offence.

• (2) If—

• (a) in the case of a sale of or agreement to sell any goods which, not being pre-packed within the meaning of this Act or prepacked food within the meaning of the FIC Regulation , are made up for sale or for delivery after sale in or on a container marked with a statement in writing with respect to the quantity of the goods, or

• (b) in the case of any goods which, in connection with their sale or an agreement for their sale, have associated with them a document containing such a statement,

the quantity of the goods is at any time found to be less than that stated, then, if it is shown that the deficiency cannot be accounted for by anything occurring after the goods had been delivered to, or to a person nominated in that behalf by, the buyer, and subject to sections 33 to 37 below and paragraph 10 of Schedule 4 to this Act, the person by whom, and any other person on whose behalf, the goods were sold or agreed to be sold shall be guilty of an offence.

• (3) Subsections (1) and (2) above shall have effect notwithstanding that the quantity stated is expressed to be the quantity of the goods at a specified time falling before the time in question, or is expressed with some other qualification of what ever description, except where—

• (a) that quantity is so expressed in pursuance of an express requirement of this Part of this Act or any instrument made under this Part, or

• (b) the goods, although falling within subsection (1) or subsection (2)(a) above—

• (i) are not required by or under this Part of this Act to be pre-packed as mentioned in subsection (1) or required by the FIC Regulation to be prepacked food as mentioned in that subsection or, as the case may be, to be made up for sale or for delivery after sale in or on a container only if the container is marked as mentioned in subsection (2)(a), and

• (ii) are not goods on a sale of which (whether any sale or a sale of any particular description) the quantity sold is required by or under any provision of this Part of this Act other than section 26 or required by the FIC Regulation, to be made known to the buyer at or before a particular time, or

• (c) the goods, although falling within subsection (2)(b) above, are not required by or under this Part of this Act to have associated with them such a document as is mentioned in that provision.

• (4) In any case to which, by virtue of paragraph (a), (b) or (c) of subsection (3) above, the provisions of subsection (1) or (2) above do not apply, if it is found at any time that the quantity of the goods in question is less than that stated and it is shown that the deficiency is greater than can be reasonably justified on the ground justifying the qualification in question, then, subject to sections 33 to 37 below—

• (a) in the case of goods such as are mentioned in subsection (1) above, if it is further shown as mentioned in that subsection, then—

• (i) where the container in question was marked in Great Britain, the person by whom, and any other person on whose behalf, the container was marked, or

• (ii) where the container in question was marked outside Great Britain, the person by whom, and any other person on whose behalf, the goods were first sold in Great Britain,

shall be guilty of an offence;

• (b) in the case of goods such as are mentioned in subsection (2) above, the person by whom, and any other person on whose behalf, the goods were sold or agreed to be sold shall be guilty of an offence if, but only if, he would, but for paragraph (a), (b) or (c) of subsection (3) above have been guilty of an offence under subsection (2).

• (5) Subsection (2) of section 28 above shall have effect for the purposes of this section as it has effect for the purposes of that section.

• (6) Nothing in this section shall apply in relation to any such goods or sales as are mentioned in section 24(2)(a) or (b) above.

Incorrect statements.

31

• (1) Without prejudice to section 30(2) to (4) above, if in the case of any goods required by or under this Part of this Act to have associated with them a document containing particular statements, that document is found to contain any such statement which is materially incorrect, any person who, knowing or having reasonable cause to suspect that statement to be materially incorrect, inserted it or caused it to be inserted in the document, or used the document for the purposes of this Part of this Act while that statement was contained in the document, shall be guilty of an offence.

• (2) Subsection (2) of section 28 above shall have effect for the purposes of this section as it has effect for the purposes of that section.

• (3) Nothing in this section shall apply in relation to any such goods or sales as are mentioned in section 24(2)(a) or (b) above.

Non-compliance with certain requirements of the FIC Regulation

31A

• (1) Subject to subsection (2) below, a food business operator to which Article 1(3) of the FIC Regulation applies is guilty of an offence if that food business operator fails to comply with—

• (a) any of the provisions of Article 8 of the FIC Regulation (responsibilities of food business operators) applicable to the food business operator, to the extent that the provisions relate to net quantity;

• (b) Article 9(1)(e) of the FIC Regulation (mandatory indication of net quantity of food), except to the extent that it relates to a failure to comply with Article 13(5) of the FIC Regulation; or

• (c) Chapter V of the FIC Regulation (voluntary food information), to the extent that it imposes requirements in respect of net quantity.

• (2) A food business operator is not guilty of an offence under subsection (1) if the food business operator acts in accordance with any of the following—

• (a) an exception contained in Chapter IV of the FIC Regulation;

• (b) a measure adopted by the United Kingdom before IP completion day under Article 40 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers as it had effect in EU law (milk and milk products: national measures derogating from Articles 9(1) and 10(1));

• (ba) regulations made under Article 40 of the FIC Regulation (milk and milk products: regulations derogating from Articles 9(1) and 10(1));

• (c) a measure permitted to be maintained by Article 42 of the FIC Regulation (authority to maintain measures in specified legislation about the expression of net quantity in relation to food in the absence of regulations under Article 23(2));

• (d) transitional measures under Article 54(1) of the FIC Regulation.

• (3) In this section “food business operator” and “net quantity” have the same meanings as in the FIC Regulation.

Offences due to default of third person.

32

Where the commission by any person of an offence under this Part of this Act (other than section 31A) or an instrument made under this Part is due to the act or default of some other person, the other person shall be guilty of an offence and may be charged with and convicted of the offence whether or not proceedings are taken against the first-mentioned person.

Defences

Warranty.

33

• (1) Subject to the following provisions of this section, in any proceedings for an offence under this Part of this Act or any instrument made under this Part, being an offence relating to the quantity or pre-packing of any goods, it shall be a defence for the person charged to prove—

• (a) that he bought the goods from some other person—

• (i) as being of the quantity which the person charged purported to sell or represented, or which was marked on any container or stated in any document to which the proceedings relate, or

• (ii) as conforming with the statement marked on any container to which the proceedings relate, or with the requirements with respect to the pre-packing of goods of this Part of this Act or any instrument made under this Part,

as the case may require, and

• (b) that he so bought the goods with a written warranty from that other person that they were of that quantity or, as the case may be, did so conform, and

• (c) that at the time of the commission of the offence he did in fact believe the statement contained in the warranty to be accurate and had no reason to believe it to be inaccurate, and

• (d) if the warranty was given by a person who at the time he gave it was resident outside Great Britain and any designated country, that the person charged had taken reasonable steps to check the accuracy of the statement contained in the warranty, and

• (e) in the case of proceedings relating to the quantity of any goods, that he took all reasonable steps to ensure that, while in his possession, the quantity of the goods remained unchanged and, in the case of such or any other proceedings, that apart from any change in their quantity the goods were at the time of the commission of the offence in the same state as when he bought them.

• (2) A warranty shall not be a defence in any such proceedings as are mentioned in subsection (1) above unless, not later than three days before the date of the hearing, the person charged has sent to the prosecutor a copy of the warranty with a notice stating that he intends to rely on it and specifying the name and address of the person from whom the warranty was received, and has also sent a like notice to that person.

• (3) Where the person charged is the employee of a person who, if he had been charged, would have been entitled to plead a warranty as a defence under this section, subsection (1) above shall have effect—

• (a) with the substitution, for any reference (however expressed) in paragraphs (a), (b), (d) and (e) to the person charged, of a reference to his employer, and

• (b) with the substitution for paragraph (c) of the following—

(c) that at the time of the commission of the offence his employer did in fact believe the statement contained in the warranty to be accurate and the person charged had no reason to believe it to be inaccurate,

.

• (4) The person by whom the warranty is alleged to have been given shall be entitled to appear at the hearing and to give evidence.

• (5) If the person charged in any such proceedings as are mentioned in subsection (1) above wilfully attributes to any goods a warranty given in relation to any other goods, he shall be guilty of an offence.

• (6) A person who, in respect of any goods sold by him in respect of which a warranty might be pleaded under this section, gives to the buyer a false warranty in writing shall be guilty of an offence unless he proves that when he gave the warranty he took all reasonable steps to ensure that the statements contained in it were, and would continue at all relevant times to be, accurate.

• (7) Where in any such proceedings as are mentioned in subsection (1) above (“the original proceedings”) the person charged relies successfully on a warranty given to him or to his employer, any proceedings under subsection (6) above in respect of the warranty may, at the option of the prosecutor, be taken either before a court having jurisdiction in the place where the original proceedings were taken or before a court having jurisdiction in the place where the warranty was given.

• (8) For the purposes of this section, any statement with respect to any goods which is contained in any document required by or under this Part of this Act to be associated with the goods or in any invoice, and, in the case of goods made up in or on a container for sale or for delivery after sale, any statement with respect to those goods with which that container is marked, shall be taken to be a written warranty of the accuracy of that statement.

Reasonable precautions and due diligence.

34

• (1) In any proceedings for an offence under this Part of this Act or any instrument made under this Part, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

• (2) If in any case the defence provided by subsection (1) above involves an allegation that the commission of the offence in question was due to the act or default of another person or due to reliance on information supplied by another person, the person charged shall not, without the leave of the court, be entitled to rely on the defence unless, before the beginning of the period of seven days ending with the date when the hearing of the charge began, he served on the prosecutor a notice giving such information identifying or assisting in the identification of the other person as was then in his possession.

Subsequent deficiency.

35

• (1) This subsection applies to any proceedings for an offence under this Part of this Act, or any instrument made under this Part, by reason of the quantity—

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

• (b) of any goods which, in connection with their sale or an agreement for their sale, have associated with them a document purporting to state the quantity of the goods, or

• (c) of any goods required by or under this Part of this Act to be pre-packed, or to be otherwise made up in or on a container for sale or for delivery after sale, or to be made for sale, only in particular quantities,

being less than that marked on the container or stated in the document in question or than the relevant particular quantity, as the case may be.

• (2) In any proceedings to which subsection (1) above applies, it shall be a defence for the person charged to prove that the deficiency arose—

• (a) in a case falling within paragraph (a) of subsection (1) above, after the making up of the goods and the marking of the container,

• (b) in a case falling within paragraph (b) of that subsection, after the preparation of the goods for delivery in pursuance of the sale or agreement and after the completion of the document,

• (c) in a case falling within paragraph (c) of that subsection, after the making up or making, as the case may be, of the goods for sale,

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

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

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

60

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

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