Weights and Measures (Northern Ireland) Order 1981

Enforcement N.I.

32.—(1) A person who fails to comply with Article 31 shall be guilty of an offence.

(2) If an inspector has reasonable cause to believe that a person has failed to comply with Article 31(1) in relation to a group of packages, the inspector may give to the person in possession of the packages instructions in writing specifying the packages and requiring him to keep the packages at a place specified in the instructions and at the disposal of the inspector for the period of twenty-four hours beginning with the time when the inspector gives him the instructions or for such shorter period as the inspector may specify; and if the person to whom the instructions are given fails without reasonable cause to comply with the instructions he shall be guilty of an offence.

(3) If an inspector has reasonable cause to believe that a person has failed to comply with Article 31(9) or (10), then—

(a) the inspector may give to the person such instructions in writing as the inspector considers appropriate with a view to ensuring that the person does not subsequently fail to so comply; and

(b) Schedule 8 shall have effect with respect to the instructions;

and if the instructions or the instructions with modifications come into force in pursuance of that Schedule and the person fails without reasonable cause to comply with them he shall be guilty of an offence.

(4) If a person—

(a) purports to comply with head (ii) of Article 31(9)( b) or that head as applied by paragraph (10)( a) of that Article by making a record which he knows is false in a material particular; or

(b) purports to comply with paragraph (10)( b) of that Article by reference to a document containing information which he knows is false in a material particular; or

(c) with intent to deceive, alters any record kept for the purposes of Article 31(6) or head (ii) of paragraph (9)( b) of that Article or that head as applied by paragraph (10)( a) of that Article or any document kept for the purposes of paragraph (10)( b) of that Article,

he shall be guilty of an offence.

(5) If a person has in his possession for sale, agrees to sell or sells a relevant package which is inadequate and either—

(a) he is the packer or importer of the package; or

(b) he knows that the package is inadequate,

he shall be guilty of an offence; and if the packer of a relevant package which is inadequate, and which was made up by him in the course of carrying out arrangements with another person for the packer to make up packages, delivers the package to or to the order of a person to whom it falls to be delivered in pursuance of the arrangements, the packer shall be guilty of an offence.

(6) For the purposes of Articles 20 and 22 the quantity of the goods in a relevant package shall be deemed to be the nominal quantity on the package.

(7) No action shall lie in respect of a failure to comply with Article 31.

(8) Schedule 9 shall have effect with respect to the powers and duties of inspectors and the other matters there mentioned.