Explanatory note

This Order amends the Price Marking Order 2004 (S.I. 2004/102), extends to Great Britain and comes into force on 1st October 2025.

Article 2(2) defines “deposit”, in the case of England and Wales, by reference to the definition which is set out in the Environment Act 2021 (c. 30) and, in the case of Scotland, by reference to the definition which is set out in the Climate Change (Scotland) Act 2009 (asp 12). Article 2(2) also amends the definitions of “selling price” and “unit price” to exclude the deposit.

Article 2(3) amends article 5 to refer to the Weights and Measures (Packaged Goods) Regulations 2006 (S.I. 2006/659) which have replaced Part V of the Weights and Measures Act 1985 (c. 72).

Article 2(4) substitutes the text of paragraph 7(3) which sets out the requirements concerning the display of freight, delivery and postal charges.

Article 2(5) inserts a new article 7A, which provides that, where a trader offers a product at more than one selling price, for example a standard price and a different price for the members of a trader’s loyalty scheme, then the trader is required to show each selling price and unit price together with the conditions which need to be satisfied in order for the different prices to apply.

Article 2(6) amends article 9 to require that the reduced selling price and the reduced unit price must be displayed in the case of a general reduction.

Article 2(7) revokes article 14, which sets out provisions concerning units of quantity, and article 2(8) revokes Schedule 1 which set out relevant units of quantity for specified products for the purpose of the definition of “unit price”.

Article 2(9) substitutes paragraph 3 in Schedule 2, so that a trader is exempt from the requirement to show the unit price in certain cases where a product consists of an assortment of items where some of the items are sold according to weight and some according to volume or at different selling prices when sold outside the package.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department for Business and Trade at Old Admiralty Building, Admiralty Place, London SW1A and 2DY and is published with the Explanatory Memorandum on www.legislation.gov.