Price Marking Order (Northern Ireland) 2004

Explanatory Note

(This note is not part of the Order.)

This Order is made under section 4 of the Prices Act 1974 and implements Directive 98/6/EC of the European Parliament and of the Council (O.J. No. L80, 18.3.98, p. 27) on consumer protection in the indication of the prices of products offered to consumers. The Order revokes and re-enacts, with amendments, the Price Marking Order (Northern Ireland) 2000 which previously implemented the Directive.

Article 4(1) provides that this Order does not apply to products which are supplied in the course of a provision of a service or sales by auction or sales of works of art or antiques.

Article 4(2) applies to this Order the requirements of the Electronic Commerce (EC Directive) Regulations 2002.

Article 5 requires traders to indicate the selling prices of all products to which this Order applies and offered for sale to consumers. Article 2 defines the selling price as the final price including VAT and other taxes.

Article 6 requires, with exceptions, that the unit price must be indicated for all products sold from bulk and pre-packaged products which are required by or under Part V or VI of the Weights and Measures (Northern Ireland) Order 1981 to be marked with quantity or to be made up in a prescribed quantity. Article 15 specifies the units of quantity to be used for unit prices of the items listed in Schedule 1 to the Order.

Article 7 requires selling and unit prices to be indicated in sterling but provides for additional indications to be given where a trader indicates that he is willing to accept payment in a foreign currency.

Article 8 requires prices and other indications required under the Order to be given in a clear and unambiguous manner.

The Order includes specific provisions relating to general price reductions (Article 10), precious metals the selling price of which varies from day to day (Article 11) and changes in VAT or other taxes which cause adjustments in prices (Article 12).

Any person who contravenes this Order shall be guilty of an offence and shall be liable, on conviction on indictment, to a fine or, on summary conviction, to a fine not exceeding the prescribed sum (currently £5,000).