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Article 20 Offences in transactions in particular goods

Northern Ireland

(1)

Subject to the provisions of this Part, in the case of any goods which, when not pre-packed, are required by or under this Order to be sold only by quantity expressed in a particular manner or only in a particular quantity, any person shall be guilty of an offence who—

(a)

whether on his own behalf or on behalf of another person, offers or exposes for sale, sells or agrees to sell, or

(b)

causes or suffers any other person to offer or expose for sale, sell or agree to sell on his behalf,

those goods otherwise than by quantity expressed in that manner or, as the case may be, otherwise than in that quantity.

(2)

F1Subject to the provisions of this Part, in the case of any goods required by or under this Order 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, or to be pre-packed, or to be otherwise made up as aforesaid, only if the container is marked with particular information or only in or on a container of a particular description, any person shall be guilty of an offence who—

(a)

whether on his own behalf or on behalf of another person, has in his possession for sale, sells or agrees to sell, or

(b)

except in the course of carriage of the goods for reward, has in his possession for delivery after sale, or

(c)

causes or suffers any other person to have in his possession for sale or for delivery after sale, sell or agree to sell on behalf of the first-mentioned person,

any such goods pre-packed, otherwise made up as aforesaid or made otherwise than in that quantity or otherwise than in or on a container so marked or a container of that description, as the case may be, whether the sale is, or is to be, by retail or otherwise.

(3)

Subject to the provisions of this Part, in the case of any sale where the quantity of the goods sold expressed in a particular manner is required by or under this Order to be made known to the buyer at or before a particular time and that quantity is not so made known, the person by whom, and any other person on whose behalf, the goods were sold shall be guilty of an offence.

(4)

Subject to the provisions of this Part, where any goods required by or under this Order to be sold by means of, or to be offered or exposed for sale in, a vending machine only if certain requirements are complied with are so sold, offered or exposed without those requirements being complied with, the seller or person causing the goods to be so offered or exposed shall be guilty of an offence.

Para. (5) rep. by 1996 NI 11

F2(6)

For the purposes of this Article 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.

Annotations

Textual amendments

F1

SR 1989/69

F2

Art. 20(6) added (1.11.2011) by Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 2011 (S.R. 2011/331), reg. 22, Sch. 1 Pt. 2 para. 3 (with regs. 3, 21)