Legalize / United Kingdom / Public General Act

Weights and Measures Act 1985

Type Public General Act

Publication 1985-10-30

Last updated 2023-05-03

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part III — Cubic Measures

Metric system

Measures of, or of any multiple of, 0\1 cubic metre.

Measures of—

any multiple of 10 litres

Part IV — Capacity Measures

Imperial system

Measures of—

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(1) An approval shall be in writing and, unless previously withdrawn in accordance with any term in that behalf contained in the approval and subject to the following provisions of this Part of this Schedule, shall continue in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

(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

(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;

(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),

(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,

(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,

(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

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

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,

(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.

(4) Subject to sub-paragraph (5) below, if the vehicle is carrying relevant goods to which sub-paragraph (1) above applies for delivery to each of two or more buyers—

(a) that sub-paragraph shall apply separately in relation to each of those buyers, and

(b) the relevant goods for delivery to each respectively of those buyers shall be carried on the vehicle made up separately in containers or in separate compartments;

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

(5) Sub-paragraph (4)(b) above shall not apply where the vehicle is contructed or adapted for the mechanical making up in containers of the fuel carried thereon and incorporates weighing equipment approved by the Secretary of State for that purpose.

(6) Sub-paragraph (1) above shall not apply to any goods which to the knowledge of the seller are to be loaded into a ship before their delivery to the buyer.

18

(1) Subject to sub-paragraph (2) below, if all or any of the relevant goods on the vehicle are being carried in such circumstances that paragraph 17(1) above does not apply, 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 person causing the goods to be carried giving the name and address of the last-mentioned person and containing a statement to the effect that all or part of the relevant goods on the vehicle are goods to which paragraph 17(1) above does not apply, 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 the total quantity of the relevant goods carried on the vehicle does not exceed 110 kilograms.

19

Any document required by paragraph 17 or 18 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 17 above, on the unloading of the goods to which the document relates at the premises to which those goods are to be delivered—

(a) before any of those goods are 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 requirements of this paragraph is contravened without reasonable cause, the person in charge of the vehicle at that time shall be guilty of an offence.

Part IV — Carriage of Solid Fuel by Rail

20

Where any seller of solid fuel causes that fuel to be loaded into a rail vehicle by way of, or for the purpose of, the delivery of that fuel to, or to a person nominated in that behalf by, the buyer, and the fuel is not carried on the vehicle made up in containers, then, except where at the time of loading it is known to the seller that before the fuel is delivered to the consignee it is to be loaded into a ship, paragraphs 21 to 25 below shall apply in relation to that vehicle.

21

Subject to paragraphs 22 and 28 below, the vehicle shall not be loaded until its tare weight has been determined or redetermined by means of suitable weighing equipment at the place of loading.

22

(1) Paragraph 21 above shall not apply to any rail vehicle which forms part of or is intended to form part of a train conveying only fuel destined for a particular generating station, gas works or other industrial undertaking if—

(a) the vehicle is loaded by equipment which weighs the fuel and discharges it directly into the vehicle, or

(b) the buyer has agreed with the seller that the weight of the load shall be ascertained at the vehicle’s destination, or

(c) the buyer has agreed to accept as the tare weight of the vehicle a tare weight ascertained not more than three months before the time of loading and the vehicle has marked upon it in durable lettering a statement of the weight so ascertained and of the date and place at which it was ascertained, or

(d) all the vehicles comprised in the train are coupled together in such a manner that they may be weighed while in motion by equipment designed to determine the total weight of the train, and the buyer has agreed with the seller that the total net weight of fuel carried in the train shall be ascertained by deducting the total weight of the train so determined before loading from the total weight thereof so determined when loaded.

(2) Nothing in sub-paragraph (1)(c) above shall afford any exemption from the requirements of paragraph 21 above in the case of a vehicle which has undergone repairs or modification or has suffered substantial damage since its tare weight was last ascertained and marked as mentioned in that sub-paragraph.

23

(1) Subject to subparagraph (2) and paragraph 24 below , as soon as the loading has been completed and the seller has ascertained the weight of the vehicle with its load and the identity of the consignee, the seller shall cause to be attached to the vehicle a document stating—

(a) the name of the seller and the place and date of weighing,

(b) the name of the consignee and the destination of the vehicle,

(d) the tare weight of the vehicle as determined or redetermined in pursuance of paragraph 21 above or, if by virtue of paragraph 28 below paragraph 21 does not apply to the vehicle, the tare weight of the vehicle expressed to be as estimated by the seller,

(e) the weight attributed to the solid fuel in the vehicle by the seller for the purpose of calculating its purchase price, and

(f) the type of that fuel.

(2) Subparagraph (1) above shall not apply if, at the time of departure of the vehicle from the place of loading, the seller causes to be transmitted to the buyer, for receipt not later than the time of arrival of the vehicle at the buyer’s premises, the information required by subparagraphs (a) to (f) of subparagraph (1) above:

(a) the seller and the buyer have agreed in writing that the information may be so transmitted;

(b) the places of loading and destination of the vehicle are suitably equipped for the transmission and receipt of information in such form; and

(c) the information is capable of being reproduced in a permanent legible form by the system effecting the transmission, and is so reproduced if required by an inspector, subject to the production, if so requested, of his credentials.

24

(1) Paragraph 23 above shall not apply to any vehicle forming part or intended to form part of any such train as is mentioned in paragraph 22 above, but the seller shall either (a)before the departure of the train which includes that vehicle deliver to the authority responsible for railway traffic at the place of loading for carriage on that train a document (in this paragraph and paragraph 25 below referred to as “a train bill”) giving the information specified in sub-paragraph (2) below or, in the case of any such train as is mentioned in paragraph 22(1)(d) above, sub-paragraph (3) below. or (b) at the time of departure of the train which includes that vehicle transmit to the buyer, for receipt not later than the time of arrival of the train at the buyer’s premises, the information required by subparagraph (2) or, as the case may be, subparagraph (3) below:

(a) the seller and buyer have agreed in writing that the information may be so transmitted;

(b) the places of loading and destination of the train are suitably equipped for the transmission and receipt of information in such form; and

(c) the information is capable of being reproduced in a permanent legible form by the system effecting the transmission, and is so reproduced if required by an inspector, subject to the production, if so requested, of his credentials.

(2) Except in a case to which sub-paragraph (3) below applies, the train bill shall contain the following information—

(a) the names of the seller and of the consignee and the destination of the train,

(b) sufficient particulars to identify each vehicle in the train,

(d) a statement of the type of fuel in each vehicle,

(e) except in the case of fuel which a buyer has agreed shall be weighed at the train’s destination, the weight attributed by the seller to the fuel in each vehicle for the purpose of calculating its purchase price,

(f) where any vehicle is not exempted from paragraph 21 above, the tare weight of that vehicle,

(g) where any vehicle has been loaded by equipment which weighs fuel and discharges it directly into vehicles, a statement as to the vehicle which has been so loaded,

(h) where any vehicle is loaded with fuel the weight of which is to be ascertained at the train’s destination, a statement as to the vehicle so loaded,

(i) where any vehicle is exempted from paragraph 21 above by reason of paragraph 22(1)(c) above, a statement of the tare weight and related particulars marked upon that vehicle, and

(j) where any vehicle is so exempt by reason of any certificate or direction under paragraph 28 below, a weight stated to be the seller’s estimate of the tare weight of that vehicle.

(3) In the case of any such train as is mentioned in paragraph 22(1)(d) above, the train bill shall contain the following information—

(a) the names of the seller and the consignee and the destination of the train,

(b) the date and place of loading of the train,

(d) the total net weight of fuel carried in the train,

(e) a statement of the type of fuel carried in the train, and

(f) a statement that the buyer has agreed that the total net weight of fuel carried in the train shall be ascertained in the manner mentioned in paragraph 22(1)(d) above.

(4) If the requirements of sub-paragraph (1) above are contravened, the seller shall be guilty of an offence.

25

(1) The following provisions of this paragraph apply—

(a) in a case where by virtue of paragraph 24 above a train bill is carried, when the train reaches its destination, and

(b) in any other case, when the vehicle in question reaches its destination.

(2) The authority responsible for railway traffic at the destination of the train or vehicle, as the case may be, shall—

(a) permit the consignee and, subject to the production if so requested of his credentials, any inspector to inspect the document required by paragraph 23 or, as the case may be, 24 above,

(b) permit the consignee either to take possession of that document after the train or vehicle is unloaded or to make a copy of the particulars stated therein, and

(c) if so requested by the consignee with respect to any such copy which the authority is satisfied is accurate, certify the accuracy thereof,

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

(3) Subject to sub-paragraphs (5) and (6) below, any of the following persons, that is to say—

(a) any inspector, subject to the production if so requested of his credentials, or

(b) the consignee, subject to his undertaking to pay any cost reasonably incurred,

may require the vehicle to be weighed either before or after or both before and after it is unloaded, and the vehicle shall be weighed accordingly unless it is certified by or on behalf of the authority mentioned in sub-paragraph (2) above that in the circumstances of the particular case the carrying out of the weighing would cause undue dislocation of railway traffic at the vehicle’s destination; and any inspector who is present at any such weighing shall if so requested certify the weight found.

(4) If when the fuel is unloaded from the vehicle it is weighed accurately with accurate weighing equipment in the presence of an inspector, the inspector shall if so requested certify that it was so weighed and state in his certificate the weight found.

(5) Where by virtue of paragraph 24 above a train bill is carried and the buyer has agreed that the weight of the fuel in any vehicle is to be ascertained at the train’s destination, sub-paragraph (3) above shall not apply in relation to that vehicle.

(6) In a case falling within paragraph 22(1)(d) above, sub-paragraph (3) above shall have effect—

(a) with the omission of paragraph (b), and

(b) as if any reference to a vehicle were a reference to a train.

26

Where, in the case of any rail vehicle used on a journey to carry solid fuel which is not made up in containers, paragraphs 21 to 25 above do not apply, the consignor shall cause to be attached to the vehicle before it starts on the journey a document stating the name of the consignor and the place of loading of the vehicle.

27

(1) If paragraph 21 or 23 above is contravened, the seller shall be guilty of an offence.

(2) If paragraph 26 above is contravened, the consignor shall be guilty of an offence.

(3) If, in the case of any rail vehicle used on a journey to carry solid fuel—

(a) the authority responsible for railway traffic at the place of loading or any person employed by that authority wilfully prevents or impedes the attachment to the vehicle of the document required by paragraph 23 or 26 above, or

(b) any person, being a person concerned in the sale, carriage or delivery of that fuel, wilfully removes, defaces or alters any such document attached to the vehicle,

that authority or person shall be guilty of an offence.

28

(1) Paragraph 21 above shall not apply to any rail vehicle loaded at a mine of coal respect to which it is certified by or on behalf of the British Coal Corporation—

(a) that in no year is the aggregate amount of solid fuel loaded as mentioned in paragraph 20 above likely to exceed 101,600 tonnes; or

(b) that owing to a shortage of rail vehicles compliance with paragraph 21 above would for the time being cause undue dislocation of the working of the mine.

(2) If any seller of solid fuel who uses any place . . . for causing solid fuel to be loaded as mentioned in paragraph 20 above makes representations to the Secretary of State that the provision at that place of weighing equipment suitable for determining the tare weight of rail vehicles is not reasonably practicable or would be unjustified on economic grounds and the Secretary of State is satisfied that there are grounds for those representations, the Secretary of State may direct, that subject to such conditions and for such period as may be specified in the directions, paragraph 21 above shall not apply to any vehicle loaded at that place.

(3) The National Coal Board shall cause notice in writing to be given forthwith to the local weights and measures authority within whose area the mine in question is situated of the issue or withdrawal of any certificate such as is mentioned in sub-paragraph (1)(b) above, and if without reasonable cause they fail so to do they shall be guilty of an offence.

SCHEDULE 6

Part I — Liquid Fuel and Lubricants

1

This Part of this Schedule applies to—

(a) liquid fuel, lubricating oil and any mixture of such fuel and oil, and

(b) lubricating grease.

2

Subject to paragraph 3 below, goods to which this Part of this Schedule applies—

(a) unless pre-packed, shall be sold only by net weight or by capacity measurement,

(b) shall be pre-packed only if the container is marked with an indication of quantity either by net weight or by capacity measurement, and

(c) in the case of lubricating oil in a quantity of one litre or less, shall be made up in a container for sale otherwise than by way of pre-packing only if the container is marked with an indication of quantity by capacity measurement.

3

Notwithstanding anything in paragraph 2 above, liquid fuel—

(a) when not pre-packed may be sold by volume, and

(b) may be pre-packed in a container marked with an indication of quantity by volume,

being in either case the volume of the gas which would be produced from the fuel in question at such temperature and such atmospheric pressure as are specified in regulations made by the Secretary of State with respect to fuel of the type in question or, if no such regulations are in force, as may be made known by the seller to the buyer before he pays for or takes possession of the fuel; and there shall be exempted from all requirements of paragraph 2 above goods of any description in a quantity of less than 250 grams or of less than 250 millilitres.

Part II — Ready-Mixed Cement Mortar and Ready-Mixed Concrete

4

This Part of the Schedule applies to ready-mixed cement mortar and ready-mixed concrete.

5

(1) Subject to the following provisions of this Part of this Schedule, any goods to which this Part of this Schedule applies—

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

(b) if not so made up, shall be sold only by volume in a multiple of 0.1 cubic metre.

(2) There shall be exempted from the requirements of this paragraph any goods in a quantity of less than one cubic metre.

6

Part II of Schedule 4 to this Act, except sub-paragraph (3) of paragraph 7, shall apply for the purposes of this Part of this Schedule as if—

(a) any reference in the said Part II to ballast included a reference to goods to which this Part of this Schedule applies; and

(b) the reference in sub-paragraph (1) of paragraph 7 to paragraph 2 of Schedule 4 were a reference to paragraph 5 of this Schedule.

7

Paragraph 5 and 6 above shall not have effect in any area in Scotland specified by the Secretary of State by order.

Part III — Agricultural Liming Materials, Agricultural Salt and Inorganic Fertilisers

8

This Part of this Schedule applies—

(a) to agricultural liming materials, other than calcareous sand,

(b) to agricultural salt,

(c) to, and to any mixture consisting mainly of, inorganic fertilisers, other than such fertilisers or such a mixture made up into pellets or other articles for use as individual items, and

(d) to any mixture of any of the foregoing.

9

(1) ) Goods to which this Part of this Schedule applies which are not pre-packed, other than liquid fertilisers, shall be sold only by quantity, being—

(a) quantity by net weight; or

(b) if the goods are sold in a container which does not exceed the permitted weight and the gross weight of the goods is not less than 25 kilograms, quantity either by net weight or by gross weight; or

(2) Goods to which this Part of this Schedule applies shall be pre-packed only if the container is marked with an indication of quantity, being—

(a) in the case of liquid fertilisers, quantity by capacity measurement;

(b) in any other case, quantity by net weight or, if the container does not exceed the permitted weight and the gross weight of the goods is not less than 25 kilograms, quantity either by net weight or by gross weight.

(3) In this paragraph, “the permitted weight” means a weight at the rate of 650 grams per 50 kilograms of the gross weight.

(4) There shall be exempted from all requirements of this paragraph any sale of goods with a view to their industrial use.

10

Paragraph 4 and 5 of Schedule 4 to this Act shall have effect as if any reference in those paragraphs to ballast included a reference to any goods to which this Part of this Schedule applies.

Part IV — Wood Fuel

11

Subject to paragraphs 12 and 13 below—

(a) wood fuel which is not made up in a container for sale shall be sold by retail only by net weight;

(b) in the case of a sale by retail of wood fuel made up in a container for sale, the quantity by net weight of the fuel sold shall be made known to the buyer before he pays for or takes possession of it.

12

(1) ) Paragraph 11 above shall not have effect in any area unless the local weights and measures authority for that area so direct by byelaw.

(2) Not less than one month before making any byelaw by virtue of this paragraph, the local weights and measures authority shall give public notice of their intention to make it by advertisement in one or more newspapers circulating in the area to which the byelaw is to apply.

(3) The local weights and measures authority by whom any byelaw is made by virtue of this paragraph shall give notice of the making of the byelaw to the Secretary of State.

13

There shall be exempted from the requirements of paragraph 11 above any sale of wood fuel in a quantity which does not exceed 7.5 kilograms or which exceeds 500 kilograms.

14

Paragraphs 9 and 10 of Schedule 5 to this Act shall have effect as if any reference in those paragraphs to solid fuel included a reference to wood fuel.

Part V — COSMETIC PRODUCTS

15

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

16

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

Part VI — Soap

16A

(1) In this Part of this Schedule “soap” does not include any soap which is a cosmetic product ....

(2) “Cosmetic product” has the same meaning as in Regulation (EC) 1223/2009 of the European Parliament and of the Council on cosmetic products (recast), as amended from time to time.

17

Subject to paragraph 18 below—

(a) soap in the form of a cake, tablet or bar shall be pre-packed only if the container is marked with an indication of quantity by net weight,

(b) liquid soap shall be pre-packed only if the container is marked with an indication of quantity by capacity measurement, and

(i) unless pre-packed, shall be sold by retail only by net weight, and

(ii) shall be pre-packed only if the container is marked with an indication of quantity by net weight.

18

There shall be exempted from the requirements of this Part of this Schedule—

(a) liquid soap in a quantity of less than 125 millilitres, and

(b) soap in any other form in a quantity of less than 25 grams.

Part VII — Miscellaneous Goods to be Sold by or Marked with Length

19

This Part of this Schedule applies to goods of any of the following descriptions, that is to say, bias binding, elastic, ribbon, tape and sewing thread.

20

Subject to paragraph 21 below, goods to which this Part of this Schedule applies—

(a) unless pre-packed, shall be sold by retail only by length, and

(b) shall be pre-packed only if the container is marked with an indication of quantity by length.

21

There shall be exempted from all requirements of paragraph 20 above goods of any description in a quantity of less than one metre.

Part VIII — Miscellaneous Goods to be Sold by or Marked withNet Weight

22

This Part of this Schedule applies to—

(a) distemper,

(b) articles offered as feed for household pets, being manufactured feed or bird feed, other than animal feed in biscuit of cake form pre-packed in a quantity by number not exceeding sixteen,

(d) paste paint,

(e) seeds, other than pea or bean seeds, and

(f) rolled oats.

23

Subject to paragraphs 24 and 25 below, goods to which this Part of this Schedule applies—

(a) unless pre-packed, shall be sold by retail only by net weight, and

(b) shall be pre-packed only if the container is marked with an indication of quantity by net weight.

24

The following shall be exempted from the requirements of this Part of this Schedule—

(a) distemper or paste paint in a quantity of less than 250 grams,

(b) bird seed in a quantity of less than 125 grams, and

25

Notwithstanding anything in paragraph 24 above, nails—

(a) when not pre-packed may be sold by retail by number, and

(b) may be pre-packed in or on a container marked with an indication of quantity by number.

Part IX — Miscellaneous Goods to be Marked when Pre-Packed with Net Weight

26

This Part of this Schedule applies to—

(a) Portland cement,

(b) cleansing powders and scouring powders,

(d) paint remover, other than liquid paint remover.

27

Subject to paragraph 28 below, goods to which this Part of this Schedule applies shall be pre-packed only if the container is marked with an indication of quantity by net weight.

28

There shall be exempted from the requirements of this Part of this Schedule goods of any description in a quantity of less than 25 grams.

Part X — Miscellaneous Goods to be Sold by or Marked with Capacity Measurement

29

This Part of this Schedule applies to antifreeze fluid for internal combustion engines, linseed oil, paint (other than paste paint), paint thinner, turpentine, turpentine substitute, varnish, and wood preservative fluid (including fungicides and insecticides).

30

Subject to paragraph 31 below, goods to which this Part of this Schedule applies—

(a) unless pre-packed, shall be sold by retail only by capacity measurement, and

(b) shall be pre-packed only if the container is marked with an indication of quantity by capacity measurement.

31

There shall be exempted from all requirements of this Part of this Schedule goods of any description in a quantity of less than 150 millilitres.

Part XI — Miscellaneous Goods to be Marked when Pre-Packed with Capacity Measurement

32

This Part of this Schedule applies to enamel, lacquer, liquid detergents, liquid paint remover, petrifying fluid and rust remover.

33

Subject to paragraph 34 below, goods to which this Part of this Schedule applies shall be pre-packed only if the container is marked with an indication of quantity by capacity measurement.

34

The following shall be exempted from the requirements of paragraph 33 above—

(a) liquid detergents in a quantity of less than 125 millilitres, and

(b) goods of any other description in a quantity of less than 150 millilitres.

Part XII — Miscellaneous Goods to be Sold by or Marked With Net Weight of Capacity Measurement

35

This Part of this Schedule applies to—

(a) polishes,

(b) dressings, analogous to polishes, and

36

Subject to paragraph 37 below, goods to which this Part of this Schedule applies—

(a) unless pre-packed, shall be sold by retail only by net weight or by capacity measurement, and

(b) shall be pre-packed only if the container is marked with an indication of quantity either by net weight or by capacity measurement.

37

The following shall be exempted from all the requirements of this Part of this Schedule, that is to say—

(a) pea or bean seeds in a quantity of less than 250 grams or of less than 250 millilitres, and

(b) any other goods in a quantity of less than 30 grams or of less than 30 millilitres.

Part XIII — Miscellaneous Goods to be Marked When Pre-PackedWith Quantity by Number

38

This Part of this Schedule applies—

(a) to cheroots, cigarettes and cigars,

(b) to postal stationery, that is to say, paper or cards for use in correspondence, and envelopes,

(c) to, and to any mixture consisting mainly of, inorganic fertilisers, being such fertilisers or such a mixture made up into pellets or other articles for use as individual items, and

(d) to manufactured animal feed in biscuit or cake form pre-packed in a quantity by number of sixteen or less.

39

Subject to paragraphs 40 and 41 below, goods to which this Part of this Schedule applies shall be pre-packed only if the container is marked with an indication of quantity by number.

40

In relation to postal stationery, the reference to number in paragraph 39 above shall be construed as a reference to the number of sheets of paper, cards or envelopes, as the case may be, in the pad, confining band or other form of container; and postal stationery shall be exempted from the requirements of that paragraph if pre-packed as part of a collection of articles made up for sale together and including any article other than postal stationery and blotting or other paper.

41

There shall be exempted from the requirements of this Part of this Schedule any goods in a quantity by number of one.

SCHEDULE 7

1

(1) This paragraph applies to any goods which, not being pre-packed, and not themselves being goods—

(a) required by or under Part IV of this Act except this paragraph, to be sold (whether on any sale or on a sale of any particular description) only by quantity expressed in a particular manner, or

(b) on a sale of which (whether any sale or a sale of any particular description) the quantity of the goods sold expressed in a particular manner is required by or under Part IV of this Act, except this paragraph, to be made known to the buyer at or before a particular time, or

(c) expressly exempted by or under Part IV of this Act, except this paragraph, from all such requirements as mentioned in paragraph (a) or (b) above which would otherwise apply to them,

consist of a mixture constituted wholly or mainly of goods of one or more descriptions to which there applies any such requirement made by reference to any of the following (whether exclusively or otherwise), that is to say, weight, capacity measurement or volume.

(2) Subject to paragraph 5 below, goods to which this paragraph applies shall be sold only by net weight or by capacity measurement or by volume.

2

(1) This paragraph applies to any goods which, not being aerosol products and not themselves being goods—

(a) required by or under Part IV of this Act, except this paragraph, to be pre-packed only if the container is marked with an indication of quantity, or

(aa) that are subject to the FIC Regulation, or

(b) in the case of which when sold pre-packed (whether on any sale or on a sale of any particular description) the quantity of the goods sold expressed in a particular manner is required by or under Part IV of this Act, except this paragraph, to be made known to the buyer at or before a particular time, or

(c) expressly exempted by or under Part IV of this Act, except this paragraph, from all such requirements as mentioned in paragraph (a) or (b) above which would otherwise apply to them,

(2) Subject to paragraph 5 below, goods to which this paragraph applies shall be pre-packed only if the container is marked with an indication of quantity either by net weight or by capacity measurement or by volume.

3

(1) This paragraph applies to aerosol products containing any goods required by or under Part IV of this Act, except this paragraph, to be pre-packed only if the container is marked with an indication of quantity expressed in a particular manner.

(1A) This paragraph does not apply to aerosol products containing goods that are subject to the FIC Regulation.

(2) Subject to paragraph 5 below, any aerosol product to which this paragraph applies shall be pre-packed only if the container is marked with

(a) an indication of the total capacity of the container (indicated in such a way as to avoid giving a false impression of the quantity of goods in the container), and

(b) an indication of the quantity by net volume of the entire contents of the container.

4

(1) This paragraph applies to any collection of two or more items which, not itself being—

(a) required by or under Part IV of this Act, except this paragraph, to be pre-packed only if the container is marked with particular information, or

(b) expressly exempted by or under Part IV of this Act, except this paragraph, from any such requirement which would otherwise apply to it,

contains one or more articles to which any such requirement applies.

(1A) This paragraph does not apply to a collection containing any goods that are subject to the FIC Regulation.

(2) Any collection to which this paragraph applies shall be pre-packed only if—

(a) the container in which the collection is pre-packed is marked with an indication of the quantity of each of any such articles as mentioned in sub-paragraph (1) above contained in it, or

(b) each of any such articles contained in the container is made up in an individual container marked with an indication of quantity,

being in either case the like indication of the quality of each respectively of those articles as would have been required if that article had itself been pre-packed.

5

There shall be exempted from any requirement of paragraph 1, 2 or 3(2)(b) above food of any description in a quantity of less than five grams or of less than five millilitres and goods of any other description in a quantity of less than 25 grams or of less than 25 millilitres.

SCHEDULE 8

Powers of entry and inspection

1

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

2

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

3

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

Power of seizure

4

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

Power to require information

5

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

Purchase of goods

6

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

Failure to provide assistance or information

7

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

SCHEDULE 9

SCHEDULE 10

Part I — Provisions of this Act Extending to Northern Ireland

1

The following provisions of this Act shall extend to Northern Ireland—

(a) sections 1 and 2,

(b) section 3 so far as it relates to the coinage standards,

(d) section 93 so far as it relates to regulations under section 7 of the Food Act 1984 which, by virtue of sections 7(3) and 135 of that Act, apply to Northern Ireland,

(e) Schedules 1 and 2,

(f) so much of any other provision of this Act as relates to the interpretation of the provisoins mentioned in paragraphs (a) to (e) above or to the making, variation or revocation of any order under this Act which by virtue of this paragraph extends to Northern Ireland,

(g) section 95 and this Schedule,

(h) paragraph 22 of Schedule 11 and section 96 so far as it relates to that paragraph,

(i) paragraph 10 of Schedule 12 and section 97 so far as it relates to that paragraph,

(j) section 98(1) and Part I of Schedule 13 so far as they relate to enactments which extend to Northern Ireland,

(k) section 98(2) and Part II of Schedule 13 so far as they relate to—

(i) regulation 13 of, and Schedule 4 to, the Units of Measurement Regulations 1980, or

(ii) regulation 4 of the Units of Measurement Regulations 1985, and

(l) section 99.

Part II — Standards in Northern Ireland

2

(1) ) The Department of Economic Development for Northern Ireland may by order direct that there shall be standards for Northern Ireland of the yard, pound, metre and kilogram which shall be, and shall be known as, the Northern Ireland primary standards.

(2) No order shall be made under this paragraph unless a draft of the order has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

3

For the purposes of providing the Northern Ireland primary standards in pursuance of such an order, the Department of Economic Development for Northern Ireland shall cause to be made, in such manner as the Department may direct, copies in such form and of such material as the Department may think fit of the United Kingdom primary standards, and those copies shall be the Northern Ireland primary standards.

4

The Secretary of State shall from time to time as the Department of Economic Development for Northern Ireland may think it expedient to require, and at the expense of the Department, cause any Northern Ireland primary standard to be compared with, and its value redetermined by reference to, the corresponding United Kingdom primary standard in such manner as the Secretary of State may direct.

5

Any Northern Ireland primary standard maintained under this Part of this Schedule shall be in the custody of the Department of Economic Development for Northern Ireland.

SCHEDULE 11

General

1

In this Schedule—

“the 1963 Act” means the Weights and Measures Act 1963;

“the commencement of this Act” means the commencement of the provisions of this Act other than section 43.

2

Any reference, whether express or implied, in any enactment, instrument or document (including this Act and any enactment amended by Schedule 12 to this Act) to, or to things done or falling to be done under or for the purposes of, any provision of this Act shall, if and so far as the context permits, be construed as including, in relation to times, circumstances and purposes before the commencement of this Act, a reference to, or to things done or falling to be done under or for the purposes of, the corresponding provision repealed by this Act.

3

Any reference, whether express or implied, in any enactment, instrument or document to, or to things done or falling to be done under or for the purposes of, any provision reproduced in this Act shall be construed, so far as is required for retaining for the enactment, instrument or document the same force and effect as it would have had but for the passing of this Act (and subject to any express amendment made by this Act) as being, or as the case may require including, a reference to, or to things done or falling to be done under or for the purposes of, the corresponding provision of this Act.

4

Where a period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act has effect as if the corresponding provision of this Act had been in force when that period began to run.

Acts passed before 31st July 1963

5

In any Act passed before 31st July 1963—

(a) any reference to local authorities for the purposes of the Weights and Measures Acts 1878 to 1936 shall continue to be construed as a reference to local weights and measures authorities, and

(b) any reference to an inspector of weights and measures shall continue to be construed as a reference to an inspector within the meaning of this Act.

6

Any local Act passed before 31st July 1963 shall continue to be construed—

(a) as not making unlawful the use for trade, as equipment to which section 11 of this Act applies, of any article of which such use is not unlawful under that section, and

(b) as not requiring any such article to be stamped otherwise than as required by that section.

7

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