Search Legislation

Weights and Measures Act 1985

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

Point in time view as at 03/05/2023.

Changes to legislation:

There are currently no known outstanding effects for the Weights and Measures Act 1985, Section 94. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

94 General interpretation.E+W+S

(1)Except where the context otherwise requires, in this Act—

  • [F1“approved verifier” has the meaning given by section 11(6A) above;]

  • capacity measurement” means measurement in terms of a unit of measurement included in Part IV of Schedule 1 to this Act;

  • check-weighed”, in relation to any vehicle, means weighed with its load by means of the nearest suitable and available weighing equipment, and weighed again after it has been unloaded by means of the same or other suitable weighing equipment;

  • chief inspector” means a chief inspector of weights and measures appointed under section 72(1) above;

  • containerF2... includes any form of packaging of goods for sale as a single item, whether by way of wholly or partly enclosing the goods or by way of attaching the goods to, or winding the goods round, some other article, and in particular includes a wrapper or confining band;

  • contravention”, in relation to any requirement, includes a failure to comply with that requirement, and cognate expressions shall be construed accordingly;

  • credentials”, in relation to an inspector, means authority in writing from the local weights and measures authority who appointed him for the exercise by that inspector of powers conferred on inspectors by this Act:

  • [F3[F4[F5Department for Business and Trade] standards]” means the secondary, tertiary and coinage standards maintained by the Secretary of State under section 3 above;]

  • drugs” and “food” have the same meanings respectively as for the purposes of the [F6Food Safety Act 1990];

  • [F7“the FIC Regulation” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers;]

  • gross weight”, in relation to any goods, means the aggregate weight of the goods and any container in or on which they are made up;

  • indication of quantity”, in relation to any container in or on which goods are made up, means a statement in writing to the effect that those goods are of, or of not less than, a specified quantity by net weight, gross weight or other measurement or by number, as the case may require;

  • industrial use”, in relation to any goods, means the use of those goods in the manufacture of, or for incorporation in, goods of a different description in the course of the carrying on of a business;

  • inspector” means an inspector of weights and measures appointed under section 72(1) above;

  • intoxicating liquor” means spirits, beer, wine, made-wine or cider as defined in section 1 of the M1Alcoholic Liquor Duties Act 1979;

  • local standard” means a standard maintained under section 4 above;

  • mark” includes label;

  • occupier”, in relation to any stall, vehicle, ship or aircraft or in relation to the use of any place for any purpose, means the person for the time being in charge of the stall, vehicle, ship or aircraft or, as the case may be, the person for the time being using that place for that purpose;

  • [F8packaged goods regulations” means the Weights and Measures (Packaged Goods) Regulations 2006;]

  • premises”, except in section 45 above, includes any place and any stall, vehicle, ship or aircraft;

  • pre-packed” means made up in advance ready for retail sale in or on a container;

  • prescribed” means prescribed by the Secretary of State by regulations’

  • secondary standard” means a standard maintained under section 3(2) above;

  • ship” includes any boat and any other description of vessel used in navigation;

  • stamp” means[F9, subject to section 15A(4) above,] a mark for use as evidence of the passing of weighing or measuring equipment as fit for use for trade, whether applied by impressing, casting, engraving, etching, branding, or otherwise, and cognate expressions shall be construed accordingly;

  • F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • tertiary standard” means a standard maintained under section 3(3) above;

  • testing equipment” means testing equipment maintained under section 5 above;

  • United Kingdom primary standard” means a standard maintained under section 2 above;

  • use for trade” shall be construed in accordance with section 7 above;

  • weighing or measuring equipment” means equipment for measuring in terms of length, area, volume, capacity, weight or number, whether or not the equipment is constructed to give an indication of the measurement made or other information determined by reference to that measurement;

  • working standard” means a standard maintained under section 5 above.

(2)In any provision of this Act “designated country” means such, if any, of the following, that is to say, Northern Ireland, any of the Channel Islands and the Isle of Man, as the Secretary of State, having regard to the law for the time being in force there, thinks it proper to designate for the purposes of that provision by order.

(3)On any premises where articles of any description are—

(a)made up in advance ready for retail sale in or on a container, or

(b)kept or stored for sale after being so made up,

any article of that description found made up in or on a container shall be deemed to be pre-packed unless the contrary is proved; and it shall not be sufficient proof of the contrary to show that the container has not been marked in accordance with the requirements of this Act or any instrument made under it with respect to the pre-packing of such articles.

(4)Except where the context otherwise requires, any reference in this Act to any person, other than a reference to an inspector, shall be construed as a reference to that person or some other person acting on his behalf in the matter in question.

Textual Amendments

F1S. 94(1): definition of “approved verifier” inserted (29.3.1999) by S.I. 1999/503, art. 2(14)

F9S. 94(1): words in the definition of “stamp” inserted (29.3.1999) by S.I. 1999/503, art. 4(3)

F10Definitions of "standard scale" and "statutory maximum" in s. 94(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV

Marginal Citations

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources