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Statutory Instruments

1994 No. 1883

WEIGHTS AND MEASURES

The Weights and Measures (Intoxicating Liquor) (Amendment) Order 1994

Made

13th July 1994

Coming into force in accordance with article 1

Whereas the Secretary of State, pursuant to section 86(2) of the Weights and Measures Act 1985(1), having had particular regard to the need to consult organisations representative of the interests of consumers, has consulted such organisations as appear to him to be representative of interests substantially affected by this Order and has considered the representations made to him by such organisations with respect to the subject matter of this Order:

And whereas a draft of this Order has been laid before, and approved by resolution of, each House of Parliament pursuant to section 86(5) of that Act:

Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 8(6), 22(1) and (2) of that Act and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and commencement

1.  This Order may be cited as the Weights and Measures (Intoxicating Liquor) (Amendment) Order 1994 and shall come into force on the day after the day on which it is made.

Amendment of the Weights and Measures Act 1985

2.  The Weights and Measures Act 1985 shall be amended as follows—

(a)in section 8 (units of measurement, weights and measures lawful for use for trade)(2) in subsection (2)(c) “35,” shall be inserted before “125,”; and

(b)in Schedule 3 (measures and weights lawful for use for trade) in paragraph 2 of Part IV “35 millilitres” shall be inserted between “50 millilitres” and “25 millilitres”.

Amendment of the Weights and Measures (Intoxicating Liquor) Order 1988

3.  The Weights and Measures (Intoxicating Liquor) Order 1988(3) shall be amended in article 3 in paragraph (1)(a) by the substitution for “and ⅙ gill or 25 ml” of “, ⅙ gill, 25 ml or 35 ml”.

Strathclyde

Minister of State for Consumer Affairs and Small Firms,

Department of Trade and Industry

13th July 1994

Explanatory Note

(This note is not part of the Order)

This Order amends the Weights and Measures Act 1985 (“the Act”) and the Weights and Measures (Intoxicating Liquor) Order 1988 (“the Order”).

The amendment made to the Order provides for a second metric quantity, namely 35 ml, in which gin, rum, vodka and whisky may be sold for consumption on licensed premises.

The amendments made to the Act follow from the amendment made to the Order since they enable a capacity measure of 35 ml to be used for the purpose of transactions in those spirits.

(2)

Section 8(5)(b) was amended by Regulation 10 of the Units of Measurement Regulations 1986 (S.I. 1986/1082).

(3)

S.I. 1988/2039, amended by S.I. 1990/1550.