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Section 21.

SCHEDULE 6E+W+S Miscellaneous Goods other than Foods

Part IE+W+S Liquid Fuel and Lubricants

1This Part of this Schedule applies to—E+W+S

(a)liquid fuel, lubricating oil and any mixture of such fuel and oil, and

(b)lubricating grease.

2 Subject to paragraph 3 below, goods to which this Part of this Schedule applies—E+W+S

(a)unless pre-packed, shall be sold only by net weight or by capacity measurement,

(b)shall be pre-packed only if the container is marked with an indication of quantity either by net weight or by capacity measurement, and

(c)in the case of lubricating oil in a quantity of [F1one litre] or less, shall be made up in a container for sale otherwise than by way of pre-packing only if the container is marked with an indication of quantity by capacity measurement.

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Amendments (Textual)

F1Words in Sch. 6 para. 2(c) substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(a)

3Notwithstanding anything in paragraph 2 above, liquid fuel—E+W+S

(a)when not pre-packed may be sold by volume, and

(b)may be pre-packed in a container marked with an indication of quantity by volume,

being in either case the volume of the gas which would be produced from the fuel in question at such temperature and such atmospheric pressure as are specified in regulations made by the Secretary of State with respect to fuel of the type in question or, if no such regulations are in force, as may be made known by the seller to the buyer before he pays for or takes possession of the fuel; and there shall be exempted from all requirements of paragraph 2 above goods of any description in a quantity of less than [F2250 grams] or of less than [F3250 millilitres].

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Amendments (Textual)

F2Words in Sch. 6 para. 3 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(b)

F3Words in Sch. 6 para. 3 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(b)

Part IIE+W+S Ready-Mixed Cement Mortar and Ready-Mixed Concrete

4This Part of the Schedule applies to ready-mixed cement mortar and ready-mixed concrete.E+W+S

5(1)) Subject to the following provisions of this Part of this Schedule, any goods to which this Part of this Schedule applies shall be sold only by volume in a multiple of 0\1 cubic metre.E+W+S

(2) There shall be exempted from the requirements of this paragraph any goods in a quantity of less than one cubic metre.

6Part II of Schedule 4 to this Act, except sub-paragraph (3) of paragraph 7, shall apply for the purposes of this Part of this Schedule as if—E+W+S

(a)any reference in the said Part II to ballast included a reference to goods to which this Part of this Schedule applies; and

(b)the reference in sub-paragraph (1) of paragraph 7 to paragraph 2 of Schedule 4 were a reference to paragraph 5 of this Schedule.

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Modifications etc. (not altering text)

C1S. 6 modified (1.3.1996) by 1986 c. 44, s. 36B (which was inserted (1.3.1996) by 1994 c. 45, s. 10, Sch. 3 para. 44; S.I. 1996/218, art. 2

7Paragraph 5 and 6 above shall not have effect in any area in Scotland specified by the Secretary of State by order.E+W+S

Part IIIE+W+S Agricultural Liming Materials, Agricultural Salt and Inorganic Fertilisers

8This Part of this Schedule applies—E+W+S

(a)to agricultural liming materials, other than calcareous sand,

(b)to agricultural salt,

(c)to, and to any mixture consisting mainly of, inorganic fertilisers, other than such fertilisers or such a mixture made up into pellets or other articles for use as individual items, and

(d)to any mixture of any of the foregoing.

9(1)) Goods to which this Part of this Schedule applies which are not pre-packed, other than liquid fertilisers, shall be sold only by quantity, being—E+W+S

(a)quantity by net weight; or

(b)if the goods are sold in a container which does not exceed the permitted weight and the gross weight of the goods is not less than [F425 kilograms], quantity either by net weight or by gross weight; or

(c)quantity by volume.

(2)Goods to which this Part of this Schedule applies shall be pre-packed only if the container is marked with an indication of quantity, being—

(a)in the case of liquid fertilisers, quantity by capacity measurement;

(b)in any other case, quantity by net weight or, if the container does not exceed the permitted weight and the gross weight of the goods is not less than [F425 kilograms], quantity either by net weight or by gross weight.

(3)In this paragraph, “the permitted weight” means a weight at the rate of [F5650 grams per 50 kilograms] of the gross weight.

(4)There shall be exempted from all requirements of this paragraph any sale of goods with a view to their industrial use.

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Amendments (Textual)

F4Words in Sch. 6 para. 9(1)(b)(2)(b) substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(c)(i)

F5Words in Sch. 6 para. 9(3) substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(c)(ii)

10Paragraph 4 and 5 of Schedule 4 to this Act shall have effect as if any reference in those paragraphs to ballast included a reference to any goods to which this Part of this Schedule applies.E+W+S

Part IVE+W+S Wood Fuel

11Subject to paragraphs 12 and 13 below—E+W+S

(a)wood fuel which is not made up in a container for sale shall be sold by retail only by net weight;

(b)in the case of a sale by retail of wood fuel made up in a container for sale, the quantity by net weight of the fuel sold shall be made known to the buyer before he pays for or takes possession of it.

12(1)) Paragraph 11 above shall not have effect in any area unless the local weights and measures authority for that area so direct by byelaw.E+W+S

(2)Not less than one month before making any byelaw by virtue of this paragraph, the local weights and measures authority shall give public notice of their intention to make it by advertisement in one or more newspapers circulating in the area to which the byelaw is to apply.

(3)The local weights and measures authority by whom any byelaw is made by virtue of this paragraph shall give notice of the making of the byelaw to the Secretary of State.

13There shall be exempted from the requirements of paragraph 11 above any sale of wood fuel in a quantity which does not exceed [F67.5 kilograms] or which exceeds [F7500 kilograms].E+W+S

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Amendments (Textual)

F6Words in Sch. 6 para. 13 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(d)

F7Words in Sch. 6 para. 13 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(d)

14Paragraphs 9 and 10 of Schedule 5 to this Act shall have effect as if any reference in those paragraphs to solid fuel included a reference to wood fuel.E+W+S

[F8Part VE+W+S COSMETIC PRODUCTS

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Amendments (Textual)

F8Sch. 6 Pt. V (paras. 15-16) substituted (31.7.1994) by S.I. 1994/1884, art. 2

F915In this Part of this Schedule, “cosmetic product” means any substance or preparation intended to be placed in contact with the various external parts of the human body (that is to say, the epidermis, hair system, nails, lips and external genital organs) or with the teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, correcting bodily odours, protecting them or keeping them in good condition.E+W+S

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Amendments (Textual)

F9Sch. 6 Pt. V (paras. 15-16) substituted (31.7.1994) by S.I. 1994/1884, art. 2

F1016(1)Subject to sub-paragraph (2) below, cosmetic products shall be pre— packed only if the container is marked with an indication of quantity either by net weight or by volume.E+W+S

(2)There shall be exempted from the requirements of sub-paragraph (1) above—

(a)cosmetic products in quantities of less than 5 grams or 5 millilitres;

(b)cosmetic products in sachets or other containers for single use only; and

(c)cosmetic products normally sold as a number of items for which particulars of weight or volume are not significant if—

(i)the number of items is marked on the package, or

(ii)the number of items may readily be seen without opening the package, or

(iii)the items are normally sold only individually.

(3)Cosmetic products which are not pre-packed shall be sold only by quantity expressed as net weight, volume or number.]

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Amendments (Textual)

F10Sch. 6 Pt. V (paras. 15-16) substituted (31.7.1994) by S.I. 1994/1884, art. 2

Part VIE+W+S Soap

[F1116AIn this Part of this Schedule “soap” does not include any soap which is a cosmetic product as defined in paragraph 15 above.]E+W+S

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Amendments (Textual)

F11Sch. 6 para. 16A inserted (31.7.1994) by S.I. 1994/1884, art. 3

17Subject to paragraph 18 below—E+W+S

(a)soap in the form of a cake, tablet or bar shall be pre-packed only if the container is marked with an indication of quantity by net weight,

(b)liquid soap shall be pre-packed only if the container is marked with an indication of quantity by capacity measurement, and

(c)soap in any other form—

(i)unless pre-packed, shall be sold by retail only by net weight, and

(ii)shall be pre-packed only if the container is marked with an indication of quantity by net weight.

18There shall be exempted from the requirements of this Part of this Schedule—E+W+S

(a)liquid soap in a quantity of less than [F12125 millilitres], and

(b)soap in any other form in a quantity of less than [F1325 grams].

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Amendments (Textual)

F12Words in Sch. 6 para. 18 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(e)

F13Words in Sch. 6 para. 18 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(e)

Part VIIE+W+S Miscellaneous Goods to be Sold by or Marked with Length

19This Part of this Schedule applies to goods of any of the following descriptions, that is to say, bias binding, elastic, ribbon, tape and sewing thread.E+W+S

20Subject to paragraph 21 below, goods to which this Part of this Schedule applies—E+W+S

(a)unless pre-packed, shall be sold by retail only by length, and

(b)shall be pre-packed only if the container is marked with an indication of quantity by length.

21There shall be exempted from all requirements of paragraph 20 above goods of any description in a quantity of less than [F14one metre].E+W+S

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Amendments (Textual)

F14Words in Sch. 6 para. 21 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(f)

Part VIIIE+W+S Miscellaneous Goods to be Sold by or Marked withNet Weight

22This Part of this Schedule applies to—E+W+S

(a)distemper,

(b)articles offered as feed for household pets, being manufactured feed or bird feed, other than animal feed in biscuit of cake form pre-packed in a quantity by number not exceeding sixteen,

(c)nails,

(d)paste paint,

(e)seeds, other than pea or bean seeds, and

(f)rolled oats.

23Subject to paragraphs 24 and 25 below, goods to which this Part of this Schedule applies—E+W+S

(a)unless pre-packed, shall be sold by retail only by net weight, and

(b)shall be pre-packed only if the container is marked with an indication of quantity by net weight.

[F1524The following shall be exempted from the requirements of this Part of this Schedule—E+W+S

(a)distemper or paste paint in a quantity of less than 250 grams,

(b)bird seed in a quantity of less than 125 grams, and

(c)any other goods in a quantity of less than 25 grams.]

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Amendments (Textual)

F15Sch. 6 para. 24 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(g)

25Notwithstanding anything in paragraph 24 above, nails—E+W+S

(a)when not pre-packed may be sold by retail by number, and

(b)may be pre-packed in or on a container marked with an indication of quantity by number.

Part IXE+W+S Miscellaneous Goods to be Marked when Pre-Packed with Net Weight

26This Part of this Schedule applies to—E+W+S

(a)Portland cement,

(b)cleansing powders and scouring powders,

(c)detergents, other than liquid detergents, and

(d)paint remover, other than liquid paint remover.

27Subject to paragraph 28 below, goods to which this Part of this Schedule applies shall be pre-packed only if the container is marked with an indication of quantity by net weight.E+W+S

28There shall be exempted from the requirements of this Part of this Schedule goods of any description in a quantity of less than [F1625 grams].E+W+S

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Amendments (Textual)

F16Words in Sch. 6 para. 28 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(h)

Part XE+W+S Miscellaneous Goods to be Sold by or Marked with Capacity Measurement

29This Part of this Schedule applies to antifreeze fluid for internal engines, linseed oil, paint (other than paste paint), paint thinner, turpentine, turpentine substitute, varnish, and wood preservative fluid (including fungicides and insecticides).E+W+S

30Subject to paragraph 31 below, goods to which this Part of this Schedule applies—E+W+S

(a)unless pre-packed, shall be sold by retail only by capacity measurement, and

(b)shall be pre-packed only if the container is marked with an indication of quantity by capacity measurement.

31There shall be exempted from all requirements of this Part of this Schedule goods of any description in a quantity of less than [F17150 millilitres].E+W+S

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Amendments (Textual)

F17Words in Sch. 6 para. 31 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(i)

Part XIE+W+S Miscellaneous Goods to be Marked when Pre-Packed with Capacity Measurement

32 This Part of this Schedule applies to enamel, lacquer, liquid detergents, liquid paint remover, petrifying fluid and rust remover.E+W+S

33Subject to paragraph 34 below, goods to which this Part of this Schedule applies shall be pre-packed only if the container is marked with an indication of quantity by capacity measurement.E+W+S

[F1834The following shall be exempted from the requirements of paragraph 33 above—E+W+S

(a)liquid detergents in a quantity of less than 125 millilitres, and

(b)goods of any other description in a quantity of less than 150 millilitres.]

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Amendments (Textual)

F18Sch. 6 para. 34 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(j)

Part XIIE+W+S Miscellaneous Goods to be Sold by or Marked With Net Weight of Capacity Measurement

35This Part of this Schedule applies to—E+W+S

(a)polishes,

(b)dressings, analogous to polishes, and

(c)pea seeds and bean seeds.

36Subject to paragraph 37 below, goods to which this Part of this Schedule applies—E+W+S

(a)unless pre-packed, shall be sold by retail only by net weight or by capacity measurement, and

(b)shall be pre-packed only if the container is marked with an indication of quantity either by net weight or by capacity measurement.

37The following shall be exempted from all the requirements of this Part of this Schedule, that is to say—E+W+S

(a)pea or bean seeds in a quantity of less than [F19250 grams] or of less than [F20250 millilitres], and

(b)any other goods in a quantity of less than [F2130 grams] or of less than [F2230 millilitres].

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Amendments (Textual)

F19Words in Sch. 6 para. 37(a) substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(k)

F20Words in Sch. 6 para. 37(a) substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(k)

F21Words in Sch. 6 para. 37(b) substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(k)

F22Words in Sch. 6 para. 37(b) substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(k)

Part XIIIE+W+S Miscellaneous Goods to be Marked When Pre-PackedWith Quantity by Number

38This Part of this Schedule applies—E+W+S

(a)to cheroots, cigarettes and cigars,

(b)to postal stationery, that is to say, paper or cards for use in correspondence, and envelopes,

(c)to, and to any mixture consisting mainly of, inorganic fertilisers, being such fertilisers or such a mixture made up into pellets or other articles for use as individual items, and

(d)to manufactured animal feed in biscuit or cake form pre-packed in a quantity by number of sixteen or less.

39Subject to paragraphs 40 and 41 below, goods to which this Part of this Schedule applies shall be pre-packed only if the container is marked with an indication of quantity by number.E+W+S

40In relation to postal stationery, the reference to number in paragraph 39 above shall be construed as a reference to the number of sheets of paper, cards or envelopes, as the case may be, in the pad, confining band or other form of container; and postal stationery shall be exempted from the requirements of that paragraph if pre-packed as part of a collection of articles made up for sale together and including any article other than postal stationery and blotting or other paper.E+W+S

41There shall be exempted from the requirements of this Part of this Schedule any goods in a quantity by number of one.E+W+S

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