Price Marking Order (Northern Ireland) 2000

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954(1) shall apply to this Order as it applies to an Act of the Northern Ireland Assembly.

(2) In this Order—

“advertisement” means any form of advertisement which is made in order to promote the sale of a product, but does not include any advertisement by means of which the trader intends to encourage a consumer to enter into a distance contract, a catalogue, a price list, a container or a label;

“consumer” means any individual who buys a product for purposes that do not fall within the sphere of his commercial or professional activity;

“distance contract” means any contract concerning products concluded between a trader and a consumer, by any means, without the simultaneous physical presence of the trader and the consumer;

“foreign currency” means any currency other than sterling;

“itinerant trader” means any trader who, as a pedestrian, or from a train, aircraft, vessel, vehicle, stall, barrow, or other mobile sales unit, offers products to consumers other than by means of pre-printed material;

“net drained weight” means the weight of a solid food product when it is presented in a “liquid medium”, as that expression is defined for the purposes of paragraph 4 of Article 8 of Council Directive 79/112/EEC relating to the labelling and presentation of foodstuffs(2);

“products sold from bulk” means products which are not pre-packaged and are weighed or measured at the request of the consumer;

“relevant floor area” in relation to a shop means the internal floor area of the shop, excluding any area not used for the retail sale of products or for the display of such products for retail sale;

“selling price” means the final price for a unit of a product, or a given quantity of a product, including Value Added Tax and all other taxes;

“shop” includes a store, a kiosk and a franchise or concession within a shop;

“small shop” means any shop which has a “relevant floor area” not exceeding 280 square metres;

“trader” means any person who sells or offers or exposes for sale products which fall within his commercial or professional activity;

“unit price” means the final price, including Value Added Tax and all other taxes, for one kilogram, one litre, one metre, one square metre or one cubic metre of a product, or, in respect of the products specified in Schedule 1, the final price for the corresponding unit of quantity set out in that Schedule, or, where products are sold by number, the final price for one individual item of the product.

(1)

1954 c. 33 (N.I.)

(2)

O.J. No. L33, 8.2.79, p. 1 as amended by Council Directive 89/395/EEC, O.J. No. L186, 30.6.89, p. 17