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Weights and Measures (Northern Ireland) Order 1981

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PART IIIN.I.CARRIAGE OF SOLID FUEL BY ROAD

12.  This Part shall have effect with respect to the carriage by a road vehicle on a journey any part of which is along a highway of any solid fuel required by paragraph 2 to be sold only by net weight (in this Part referred to as “relevant goods”).N.I.

13.—(1) If the vehicle is carrying any relevant goods for delivery to a buyer in pursuance of, or of an agreement for, a sale of such goods, then before the journey begins, there shall be delivered to the person in charge of the vehicle a document such as is described in sub-paragraph (2); and if this sub-paragraph is contravened the seller shall be guilty of an offence.N.I.

(2) The document referred to in sub-paragraph (1) is a document signed by or on behalf of the seller stating—

(a)the name and address of the seller;

(b)the name of the buyer and the address of the premises to which the goods to which the document relates are being delivered;

(c)the type of the said goods;

(d)subject to sub-paragraph (3), the aggregate net weight of the said goods; and

(e)where any of the said goods are made up in containers—

(i)the number of those containers; and

(ii)except in circumstances such as are described in paragraph 3(3), the net weight of the goods in each of those containers.

(3) Where the whole of the vehicle's load consists of relevant goods not made up in containers and is being delivered to the same person at the same premises, the statement referred to in sub-paragraph (2)( d) shall not be required at any time while the vehicle is travelling between the place where it was loaded and the nearest suitable and available weighing equipment if the document aforesaid states that the quantity of the relevant goods is to be expressed by net weight determined by means of that equipment and specifies the place at which the equipment is situated.

(4) In any case to which sub-paragraph (3) applies, the person in charge of the vehicle at the time when the net weight of the relevant goods is determined shall forthwith add to the document aforesaid a statement of that net weight, and if he fails so to do he shall be guilty of an offence.

(5) If the vehicle is carrying relevant goods to which sub-paragraph (1) applies for delivery to each of two or more buyers—

(a)that sub-paragraph shall apply separately in relation to each of those buyers; and

(b)subject to sub-paragraph (6), the relevant goods for delivery to each respectively of those buyers shall be carried on the vehicle made up separately in containers or in separate compartments;

and if head ( b) is contravened the seller shall be guilty of an offence.

(6) Sub-paragraph (5)( b) shall not apply where the vehicle is constructed or adapted for the mechanical making up in containers of the fuel carried thereon and incorporates weighing equipment approved by the Department for that purpose nor shall it apply in circumstances such as are described in paragraph 3(3)( b).

14.—(1) Subject to sub-paragraph (2), if all or any of the relevant goods on the vehicle are being carried in such circumstances that paragraph 13(1) does not apply there shall, before the journey begins, be delivered to the person in charge of the vehicle a document signed by or on behalf of the person causing the goods to be carried giving the name and address of the last-mentioned person and containing a statement to the effect that all or part of the relevant goods on the vehicle are goods to which paragraph 13(1) does not apply, and if this paragraph is contravened the last-mentioned person shall be guilty of an offence.N.I.

(2) Sub-paragraph (1) shall not apply where the total quantity of the relevant goods carried on the vehicle does not exceed[F1 125 kilograms].

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F1SR 1995/227

15.  Any document required by paragraph 13 or 14 shall at all times during the journey be carried by the person for the time being in charge of the vehicle and shall be handed over by him to any other person to whom he hands over the charge of the vehicle in the course of the journey; and in the case of any document such as is mentioned in paragraph 13, on the unloading of the goods to which the document relates at the premises to which those goods are to be delivered—N.I.

(a)before any of those goods are so unloaded, the document shall be handed over to the buyer; or

(b)if the document cannot be so handed over by reason of the absence of the buyer, it shall be left at some suitable place at those premises;

and if at any time any of the requirements of this paragraph is contravened without reasonable cause, the person in charge of the vehicle at that time shall be guilty of an offence.

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