The Price Marking Order 1991

Citation, commencement, interpretation and revocation

1.—(1) This Order may be cited as the Price Marking Order 1991 and, subject to article 19 below, shall come into force on 1st September 1991.

(2) In this Order—

• “advertisement”, in relation to goods, means any form of representation (including a catalogue, a circular and a price list but not a container or a label) which promotes the sale by retail of those goods;

• “food” has the meaning given by section 1(1) and (2) of the Food Safety Act 1990(1) save that it shall include feeding stuffs for dogs and cats as well as any imitation of any food which is displayed in order to indicate that that food is available for sale by retail;

• “goods” has the meaning given by section 61(1) of the Sale of Goods Act 1979(2), and shall include any imitation of any goods which are displayed in order to indicate that those goods are available for sale by retail and, unless otherwise expressed, includes food but does not include gas within the meaning given by Part I of the Gas Act 1986(3) supplied through pipes;

• “goods sold from bulk” means goods which are not pre-packed or are not weighed or otherwise measured or counted for sale except in the presence of the buyer, and section 46 of the Weights and Measures Act 1985(4) shall apply for this purpose as it applies for the purposes of Part IV of that Act, and “food sold from bulk” shall be construed accordingly;

• “goods pre-packed in pre-established quantities” means goods pre-packed in such a way that the quantity of goods in the container corresponds to a previously selected quantity (and shall include whole birds and poultry portions that are pre-packed within defined weight grades, all the birds or portions in each such grade being marked with the same weight); “food pre-packed in pre-established quantities” shall be construed accordingly;

• “goods pre-packed in variable quantities” means goods pre-packed in such a way that the quantity of goods in the container does not correspond to a previously selected quantity, and “food pre-packed in variable quantities” shall be construed accordingly;

• “motor fuel” means fuel of any kind supplied for use in a motor vehicle;

• “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;

• “premises” includes any shop, stall, kiosk or barrow and any vehicle, train, aircraft or vessel; and where a person indicates that goods are available for sale by retail from him in a part of larger premises owned or occupied by another, that part of those premises shall be treated as separate premises;

• “sale by retail” does not include sales of goods between private persons nor sales of goods which are bought for the purposes of a trade or commercial activity or which are supplied in the course of the provision of a service;

• “selling price” means, in relation to any goods which are or may be for sale by retail, the aggregate sums that the purchaser is required to pay in order to obtain the goods excluding, in the case of motor vehicles, vehicle excise duty;

• “unit price” means, in relation to any goods which are or may be for sale by retail, the price expressed by reference to any one of the units of measurement that are referred to in article 6 below or in Schedule 4 to this Order;

• any other expressions used have the same respective meanings as given in the Weights and Measures Act 1985.

(3) For the purposes of any reference in this Order to the sale by retail of any goods where a person (“the ostensible supplier”) supplies goods to another person (“the customer”) under a hire-purchase agreement, conditional sale agreement or credit-sale agreement within the meaning in each case of the Consumer Credit Act 1974(5) and where the ostensible supplier—

(a) carries on the business of financing the provision of goods for others by means of such agreements, and

(b) in the course of that business acquired his interest in the goods supplied to the customer as a means of financing the provision of them for the customer by a further person (“the effective supplier”),

the effective supplier and not the ostensible supplier shall be treated as selling by retail the goods to the customer.

(4) The Orders specified in article 5(1) below and in Schedule 3 to this Order are hereby revoked.

(1)

1990 c. 16.

(2)

1979 c. 54.

(3)

1986 c. 44.

(4)

1985 c. 72.

(5)

1974 c. 39.