Explanatory note

These Regulations amend the Weights and Measures Regulations 1963 (S.I. 1963/1710) (“the 1963 Regulations”), the Weights and Measures (Local and Working Standard Capacity Measures and Testing Equipment) Regulations 1990 (S.I. 1990/2626) (“the 1990 Regulations”) and the Measuring Equipment (Capacity Measures and Testing Equipment) Regulations 1995 (S.I. 1995/735) (“the 1995 Regulations”).

As the 1995 Regulations apply to liquid capacity measures and dry capacity measures subject to exemptions, the 1995 Regulations are amended to include capacity measures being containers which have previously contained a cosmetic product and are provided by the customer to the retailer for use by the retailer in retail transactions in the same cosmetic product (“the capacity measures”) for the purposes of disapplication of such measures from the application of their provisions (regulation 4(a)(i)). The 1963 Regulations no longer contain provisions which apply to liquid capacity measures and dry capacity measures and as a consequence these Regulations amend those Regulations to remove from the provisions on disapplication the capacity measures (regulation 2).

The 1995 Regulations are also amended so as to prescribe, and provide limits of error for, certain thimble measures of 70 millilitres for serving spirits (gin, rum, vodka and whisky) (regulation 4(d)).

Further amendments relate to the correction of some minor errors (regulation 4(a)(ii) and (iii), (b) and (c)).

The 1990 Regulations are amended to provide for limits of error for local and working standard capacity measures and testing equipment of 70 millilitres so that these may be used by an inspector of weights and measures (regulation 3). The Weights and Measures (Intoxicating Liquor) (Amendment) Order 2001 (S.I. 2001/1322) provides for a single capacity measure of 70 millilitres to be used for dispensing a double measure. This amendment is provided as a result of changes to the Weights and Measures Act 1985 by the Weights and Measures (Intoxicating Liquor) (Amendment) Order 1994 (S.I. 1994/1883) and to the Weights and Measures (Intoxicating Liquor) Order 1988 (S.I. 1988/2039) by the said Order of 1994 which enabled a 35 millilitre measure of spirits to be sold for consumption on licensed premises.

A Regulatory Impact Assessment of the costs and benefits which will result from these Regulations has been prepared. Copies have been placed in the libraries of both Houses of Parliament and can also be obtained from the National Weights and Measures Laboratory, Stanton Avenue, Teddington, Middlesex TW11 0JZ.