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Weights and Measures &c. Act 1976 in Northern Ireland

1976 c. 77 · Enacted 22 November 1976 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 21 May 1991.

An Act to amend certain enactments relating to weights and measures; and to make provision for the alleviation of shortages of food and other goods.

[22nd November 1976]C1C2I1

Annotations to the whole text

Modifications

C1

Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

C2

The whole Act, except sections 12 to 14 and 15(1) to (3) and Schedule 6, repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98(1), Sch. 13 Pt. I

Commencement

I1

Act partly in force on 22.12.1976 see s. 15(2); Act as unrepealed fully in force on 22.12.1976

Contents

  1. 1—11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  2. Shortages of food and other goods
  3. 13Shortages: supplementary provisions.
  4. Supplemental
  5. 14Interpretation.
  6. 15Short title, etc.
  7. Schedule S 1—5Schedule S 1—5
  8. Schedule 6: Temporary Requirements Imposed by Emergency Orders
  9. 1Paragraph 1
  10. Food Safety Act 1990 (c.16)
  11. 2Paragraph 2
  12. Food and Drugs (Scotland) Act 1956 (c. 30)
  13. 3Paragraph 3
  14. Food Safety (Northern Ireland) Order 1991 (NI 7)
  15. 4Paragraph 4
  16. Weights and Measures Act 1985
  17. 5Paragraph 5
  18. Weights and Measures Act (Northern Ireland) Order 1981 (S.I. 1981/231 (N.I. 10))
  19. 6Paragraph 6
  20. Supplemental
  21. 7Paragraph 7
  22. Schedule 7Schedule 7

1—11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

13Shortages: supplementary provisions.

(1)

Before the appropriate Minister makes an order under section 12 of this Act he shall consult, to the extent that it appears to him to be appropriate having regard to the subject matter of the order and the urgency of the matter, with such persons as appear to him to be representative of interests substantially affected by the order.

(2)

An order made under section 12 of this Act may be varied or revoked by a subsequent order so made.

(3)

An order under section 12 of this Act shall not extend to any area to which the relevant requirement did not extend.

(4)

An order under section 12 of this Act, except an order which extends to Northern Ireland only, shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)

F1The power under section 12 of this Act to make an order which extends to Northern Ireland only shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and any such ordershall be subject to negative resolution as defined by section 41(6) of the M1Interpretation Act (Northern Ireland) 1954 as if it were a statutory instrument within the meaning of that Act.

(6)

In this section—

  • “appropriate Minister”,

  • “requirement”, and

  • “relevant requirement”,

have the same meanings as in section 12 of this Act.

14Interpretation.

In this Act—

  • F1“the 1963 Act” means the M1Weights and Measures Act 1963;

  • “the 1985 Act means the Weights and Measures Act 1985;”

  • F2 “the 1981 Order”means the Weights and Measures (Northern Ireland) Order 1981

15Short title, etc.

(1)

This Act may be cited as the Weights and Measures &c. Act 1976.

(2)

This Act, except Schedules 4 and 5, shall come into operation on the expiration of the period of one month beginning with the date on which it is passed.

(3)

This Act, except sections 4, 8 and 9 and Schedules 3 and 4, extends to Northern Ireland.

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(5)

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

Schedule S 1—5F1

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

1

Where—

(a)

a relevant requirement as defined in section 12(1) of this Act is excluded or modified by an order under that section, and

(b)

a requirement (the “substituted requirement”) is imposed under subsection (4)(a) of that section,

the Act F1or Orderunder or by virtue of which the relevant requirement took effect shall, to the extent provided in this Schedule, apply to the substituted requirement.

2F1

(1)

This paragraph applies where the relevant requirement took effect under or by virtue of the Food Safety Act 1990.

(2)

The following provisions of that Act—

(a)

Part I (preliminary);

(b)

Part III (administration and enforcement); and

(c)

Sections 40 to 50 (default powers and other supplemental provisions), shall apply as if the substituted requirement were imposed by regulations under section 16 of that Act.

3

(1)

This paragraph applies where the relevant requirement took effect under or by virtue of the M1Food and Drugs (Scotland) Act 1956.

(2)

The following provisions of that Act—

(a)

Part II (administration and enforcement),

(b)

Part III (procedure and evidence), and

(c)

sections 55 and 57 (default powers and other supplemental provisions),

shall apply as if the substituted requirement were imposed by regulations under section 4 or 7 of the Act.

4F1F2

(1)

This paragraph applies where the relevant requirement took effect under or by virtue of the Food Safety (Northern Ireland) Order 1991.

(2)

The following provisions of that Order—

(a)

Part I (introductory);

(b)

Part III (administration and enforcement); and

(c)

Articles 38 to 46 (default powers and other supplemental provisions),

shall apply as if the substituted requirement were imposed by regulations under Article 15 of that Order.

5F1

(1)

This paragraph applies where the relevant requirement took effect under or by virtue of the 1985 Act.

(2)

The following provisions of that Act—

(a)

sections 25 to 31 (offences),

(b)

sections 32 to 37 (liability of third parties and defences),

(c)

sections 38 to 42 and 44 to 46 (powers of inspectors, etc.), and

(d)

sections 79 to 83 (further powers of inspectors and prosecution of offences),

shall apply as if the substituted requirement were imposed under Part IV of the Act.

6F1

(1)

This paragraph applies where the relevant requirement took effect under or by virtue of the Weights and Measures (Northern Ireland) Order 1981.

(2)

The following provisions of that Order—

(a)

Article 20 to 22 (offences),

(b)

Articles 23 to 25 (defences and liability of third parties),

(c)

Article 26 to 29 (powers of inspectors, etc.), and

(d)

Articles 41, 42 and 46 (further powers of inspectors and prosecution of offences),

shall apply as if the substituted requirement were imposed under Part V of the Order.

7

(1)

The provisions applied by this Schedule shall have effect subject to any necessary adaptations and modifications.

(2)

The provisions in this Schedule have effect subject to the provisions of any order under section 12 of this Act.

Schedule 7F1

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