SCHEDULES

Section 2(2).

SCHEDULE 1(To be inserted as Schedule 1A in the Act of 1963)

“Units of Measurement Lawful for Use for Trade

PART IMeasurement of Length

Imperial units

• Mile

• Furlong

• Chain

• Yard

• Foot

• Inch

Metric units

• Kilometre

• Metre

• Decimetre

• Centimetre

• Millimetre

PART IIMeasurement of Area

Imperial units

• Square mile

• Acre

• Rood

• Square yard

• Square foot

• Square inch

Metric units

• Hectare

• Dekare

• Are

• Square metre

• Square decimeter

• Square centimeter

• Square millimetre

PART IIIMeasurement of Volume

Imperial units

• Cubic yard

• Cubic foot

• Cubic inch

Metric units

• Cubic metre

• Cubic decimeter

• Cubic centimeter

• Hectolitre

• Litre

• Decilitre

• Centilitre

• Millilitre

PART IVMeasurement of Capacity

PART VMeasurement of Mass or Weight

Imperial units

• Ton

• Hundredweight

• Cental

• Quarter

• Stone

• Pound

• Ounce

• Dram

• Grain

• Ounce troy

Metric units

• Tonne

• Metric tonne

• Quintal

• Kilogramme

• Hectogramme

• Gramme

• Carat (metric)

• Milligramme

PART VISpecial Restrictions on Use for Trade

1No person shall use the ounce troy for trade except for the purposes of transactions in, or in articles made from, gold, silver or other precious metals, including transactions in gold or silver thread, lace or fringe.

2No person shall use the carat (metric) for trade except for the purposes of transactions in precious stones or pearls.”

Section 2(2).

SCHEDULE 2(To be substituted for Schedule 3 to the Act of 1963)

“Measures and Weights Lawful for Use for Trade

PART ILinear Measures

Imperial system

1Measures of—

Metric system

2Measures of—

PART IISquare Measures

Imperial system

1Measures of, or of any multiple of, 1 square foot.

Metric system

2Measures of, or of any multiple of, 1 square decimetre.

PART IIICubic Measures

Imperial system

1Measures of, or of any multiple of, ¼ cubic yard.

Metric system

2Measures of, or of any multiple of, 0.1 cubic metre.

3Measures of—

PART IVCapacity Measures

Imperial system

1Measures of—

Metric system

2Measures of—

PART VWeights

Imperial system

1Weights of—

2Weights of —

Metric system

3Weights of—

4Weights of—

PART VISpecial restrictions on use for trade

1No person shall use the ounce troy for trade except for the purposes of transactions in, or in articles made from, gold, silver or other precious metals, including transactions in gold or silver thread, lace or fringe.

2No person shall use the carat (metric) for trade except for the purposes of transactions in precious stones or pearls.”

Section 4.

SCHEDULE 3Pre-packed and other Goods

Permitted imperial quantities in Schedule 4 to the Act of 1963

1The following provisions in Schedule 4 to the Act of 1963 so far as they permit the use of quantities expressed in the imperial system—

• paragraph 3 of Part IV (bread),

• paragraph 3(a) of Part V (milk),

• paragraphs 2 and 3(a) of Part VI (intoxicating liquor),

• paragraph 2(b) of Part VII (potatoes),

• paragraph 3(a) of Part VIII (miscellaneous),

• paragraph 3(a) of Part IX (miscellaneous).

In this paragraph references to provisions of Schedule 4 to the 1963 Act are to those provisions as amended by any order made under section 21 of the Act of 1963 before the passing of this Act

Permtted imperial quantities in orders made under section 21 of the Act of 1963

2The following orders so far as they specify quantities in the imperial system—

Section 8.

SCHEDULE 4Solid Fuel

1For paragraph 3 of Schedule 6 to the Act of 1963 there are substituted the following paragraphs—

“Quantities in containers

3(1)Solid fuel shall be made up in a container for sale, or for delivery after sale, only if it is made up in one of the quantities by net weight specified in the following Table—

Any multiple of 1 hundredweight

(2)This paragraph shall not apply to any solid fuel pre-packed in a quantity not exceeding 30 kilogrammes in a securely closed container.

(3)References in this Schedule to solid fuel made up in an imperial quantity are references to solid fuel made up in one of the imperial quantities specified in the Table in sub-paragraph (1) above, and references to solid fuel made up in a metric quantity shall be construed in a corresponding way.

(4)This paragraph, and paragraphs 3A, 3B and 3C below, have effect subject to the exemptions in paragraph 3D.

Indication of quantity

3A(1)This paragraph applies to solid fuel made up in a container for sale, or for delivery after sale, except where it is made up in a metric quantity in a container which is not securely closed.

(2)The solid fuel shall be made up in a container for sale, or for delivery after sale, only if the container is marked with an indication of quantity by net weight.

Loads on vehicles

3B(1)Solid fuel made up in containers in the quantity of 1 1/4 cwt. shall be carried on a road vehicle on a highway for sale, or for delivery after sale, only if all solid fuel carried on the vehicle which is made up in containers is so made up in that quantity.

(2)Solid fuel made up in metric quantities in containers which are not securely closed shall be carried on a road vehicle on a highway for sale, or for delivery after sale, only if all solid fuel carried on the vehicle in containers which are not securely closed is made up in metric quantities.

(3)If this paragraph is contravened the seller shall be guilty of an offence.

Information about containers made up in metric quantities

3C(1)This paragraph applies where solid fuel is carried on a road vehicle on a highway for sale, or for delivery after sale, and is made up in metric quantities in containers which are not securely closed or is delivered from the vehicle in such containers in any metric quantity.

(2)There shall be displayed on the vehicle—

(a)an indication of the quantity, or quantities, by net weight of the fuel comprised in the containers (other than any securely closed containers) on, or delivered from, the vehicle, and

(b)a statement of the name and address of the seller.

(3)Regulations under section 21(4) of this Act may prescribe the manner in which the information required by sub-paragraph (2) above is to be displayed, and a person who contravenes any such regulation shall be guilty of an offence.

(4)If this paragraph is contravened, the seller, and any other person who is in charge of the vehicle at the time of the contravention, shall each be guilty of an offence.

Exemptions

3DThere shall be exempted from all the requirements of paragraphs 3, 3A, 3B and 3C of this Schedule—

(a)solid fuel supplied under arrangements made in the coal industry for the supply of solid fuel to persons who are or have been employed in that industry or to the dependants of such persons ;

(b)solid fuel made up in a container only for ease of handling as part of the load of a vehicle or ship where the whole of that load so far as it consists of solid fuel is being delivered to a single buyer.”

2At the end of Part I of Schedule 6 to the Act of 1963 there are inserted the following paragraphs—

“6A(1)This paragraph applies to any vehicle which is used on highways for carrying solid fuel for sale, or for delivery after sale, and in this paragraph 'container' means any container in which solid fuel is carried on such a vehicle, or is delivered from such a vehicle.

(2)The Secretary of State may by order make provision—

(a)for securing the display on any such vehicle of an indication of the quantities in which solid fuel is made up in containers ;

(b)for requiring all containers carried on or delivered from any one vehicle to be made up in the same quantity, or for regulating in any other way the quantities in which they are made up ;

(c)for imposing any requirement as to the loading of the vehicle, or the delivery of solid fuel from the vehicle, which appears to the Secretary of State appropriate for securing that purchasers are not misled as to the quantity of fuel they purchase.

(3)An order under sub-paragraph (2) of this paragraph may—

(a)make provision for any of the purposes mentioned in that sub-paragraph by means of amending, or of applying with or without modifications, or of excluding the application in whole or in part of, any of the preceding paragraphs of this Schedule ;

(b)contain such consequential, incidental or supplementary provision, whether of such kinds as aforesaid or otherwise, as appear to the Secretary of State to be expedient;

(c)may in particular make provision, in respect of contraventions of the order for which no penalty is provided by this Act, for the imposition of penalties not exceeding those provided by section 52 of this Act for an offence under this Act.

(4)An order made under this paragraph may be varied or revoked by a subsequent order so made.

6BAn order under section 21 of this Act may amend or repeal any of the preceding paragraphs of this Schedule.”

3(1)In section 54(2) of the Act of 1963 (consultation on orders) for the words " paragraph 2(3) of Schedule 6 " substitute the words " paragraphs 2(3) and 6A of Schedule 6 ".

(2)In section 54(3) of the Act of 1963 (orders subject to affirmative procedure) after paragraph (c) there is inserted the following paragraph—

“(d)paragraph 6A of Schedule 6”.

4This Schedule shall come into force on such date as the Secretary of State may by order contained in a statutory instrument appoint, and different dates may be appointed for different provisions or different purposes.

Section 11.

SCHEDULE 5Solid Fuel (Northern Ireland)

1In Schedule 4 to the 1967 Act—

(a)leave out paragraph 2(2)(a);

(b)in paragraph 3(1) leave out from " and except" to " twenty-four pounds" ;

(c)in paragraph 3(1)(a) after " quarter hundredweight ", insert " or 10 kilogrammes, 15 kilogrammes, 25 kilogrammes, 50 kilogrammes or 62.5 kilogrammes " ;

(d)in paragraph 3(1)(b) after " paragraph 5 or ", insert " of an order under paragraph 6A(2)(a) or the provisions of ";

(e)in paragraph 3(2) after " quarter hundredweight", insert " or 25 kilogrammes, or 50 kilogrammes, or 62.5 kilogrammes ";

(f)in paragraph 5(1) after " less ", insert " or 200 kilogrammes or less ";

(g)in paragraph 5(2) at the end add " and the name and address of the seller ";

(h)in paragraph 7 leave out from " except" to " twenty-four pounds";

(i)in paragraph 9(c) after " paragraph 5(2)", insert " or an indication of quantities so displayed in accordance with an order under paragraph 6A(2)(a) ".

2At the end of Part I of Schedule 4 to the 1967 Act insert the following paragraphs: —

“6A(1)This paragraph applies to any vehicle which is used on highways for carrying solid fuel for sale, or for delivery after sale, or on or from which any solid fuel is sold or kept or exposed for sale, and in this paragraph ' container' means any container in which solid fuel is carried on such a vehicle, or is delivered from such a vehicle.

(2)The Department may by order make provision—

(a)for securing the display on any such vehicle of an indication of the quantities in which solid fuel is made up in containers;

(b)for requiring all containers carried on or delivered from any one vehicle to be made up in the same quantity, or for regulating in any other way the quantities in which they are made up ;

(c)for imposing any requirement as to the loading of the vehicle, or the delivery of solid fuel from the vehicle, which appears to the Department appropriate for securing that purchasers are not misled as to the quantity of fuel they purchase.

(3)An order under sub-paragraph (2) may—

(a)make provision for any of the purposes mentioned in that sub-paragraph by means of amending, or of applying with or without modifications, or of excluding the application in whole or in part of, any of the provisions of this Part;

(b)contain such consequential, incidental or supplementary provisions, whether of such kinds as aforesaid or otherwise, as appear to the Department to be expedient;

(c)make provision, in respect of contraventions of the order for which no penalty is provided by this Act, for the imposition of penalties not exceeding those provided by section 34 for an offence under this Act.

6BAn order under section 15 may amend or repeal this Part.”.

3In section 35(2) of the 1967 Act (consultation on orders) for the words " and 43(1)" substitute the words " 43(1) and paragraph 6A of Schedule 4 ".

4(1)This Schedule shall come into force on such date as the Department of Commerce for Northern Ireland may by order appoint and different dates may be appointed for different provisions or different purposes.

(2)An order under sub-paragraph (1) above shall be made by statutory rule for the purposes of the [1958 c. 18 (N.I.).] Statutory Rules Act (Northern Ireland) 1958.

Section 12.

SCHEDULE 6Temporary Requirements Imposed by Emergency Orders

1Where—

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

Food and Drugs Act 1955 (c. 16)

2(1)This paragraph applies where the relevant requirement took effect under or by virtue of the Food and Drugs Act 1955.

(2)The following provisions of that Act—

(a)Part V (administration, enforcement and legal proceedings), and

(b)sections 126, 127, 128 and 131 (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.

Food and Drugs (Scotland) Act 1956 (c. 30)

3(1)This paragraph applies where the relevant requirement took effect under or by virtue of the Food 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.

Food and Drugs Act (Northern Ireland) 1958 (N.I. c. 27)

4(1)This paragraph applies where the relevant requirement took effect under or by virtue of the Food and Drugs Act (Northern Ireland) 1958.

(2)The following provisions of that Act—

(a)Part II (administration and enforcement),

(b)Part III (procedure and evidence), and

(c)sections 63, 64 and 69 (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.

Weights and Measures Act 1963 (c. 31)

5(1)This paragraph applies where the relevant requirement took effect under or by virtue of the Weights and Measures Act 1963.

(2)The following provisions of that Act—

(a)sections 22 to 24 (offences),

(b)sections 25 to 28 (defences, liability of third parties and offences with extra-territorial element),

(c)sections 29 to 33 (powers of inspectors, etc.), and

(d)sections 48 to 51 (further powers of inspectors and prosecution of offences),

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

Weights and Measures Act (Northern Ireland) 1967 (N.I. c. 6)

6(1)This paragraph applies where the relevant requirement took effect under or by virtue of the Weights and Measures Act (Northern Ireland) 1967.

(2)The following provisions of that Act—

(a)sections 16 to 18 (offences),

(b)sections 19 to 22 (defences, liability of third parties and offences with extra-territorial element),

(c)sections 23 to 26 (powers of inspectors, etc.), and

(d)sections 28, 29 and 33 (further powers of inspectors and prosecution of offences),

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

Supplemental

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.

Section 15(4).

SCHEDULE 7Repeals