Part 2—Minor and Consequential Amendments
Weights and Measures Act 1985 (c. 72)
(1) The 1985 Act is amended as follows.
(2) In section 22(2)(a) omit the words “(except Part V)”.
(3) For section 25(7), substitute—
“(7) For the purposes of this section the quantity of goods in a package, or of a loaf of bread, to which the packaged goods regulations apply shall be deemed to be the nominal quantity (within the meaning of those regulations) of the package or the loaf of bread.”
(4) In section 28(2), for paragraph (a) substitute—
“(a)the quantity of goods in a package, or of a loaf of bread, to which the packaged goods regulations apply shall be deemed to be the nominal quantity (within the meaning of those regulations) of the package or the loaf of bread; and”.
(5) In section 40(3) omit the words “(apart from Part V”).
(6) In section 72—
(a)in subsection (1), after the words “this Act”, insert “and the packaged goods regulations”; and
(b)in subsection (3), after the words “to the purposes of this Act”, insert “and the packaged goods regulations”.
(7) In section 74—
(a)in subsection (1), after the words “this Act”, insert “or the packaged goods regulations”; and
(b)in subsection (6), after the words “this Act”, insert “or any provision of the packaged goods regulations”.
(8) In sections 75(1)(a) and 75(1A)(b), after the words “this Act”, insert “or the packaged goods regulations”;
(9) In section 79—
(a)in paragraph (2)(b) omit the words “(except an offence under Part V)”; and
(b)in paragraph (3)(a) omit the words “(except an offence under Part V or any instrument made under that Part)”.
(10) In section 80, after the words “this Act”, insert “or the packaged goods regulations”.
(11) In section 83—
(a)in subsection (1)—
(i)for the words “Subject to subsection (2) below, in” substitute “In”; and
(ii)omit the words “, other than proceedings for an offence under section 64,”;
(b)subsection (2) is repealed; and
(c)in subsection (3) omit the words “, except in the case of an offence under section 50, 54 or 63 or Schedule 8”.
(12) In section 84—
(a)in subsection (4)(a) for the words “, 20(3)(b) or 50 (2), (3) or (4) above” substitute “or 20(3)(b) above”; and
(b)in subsection (5) omit the words “64 or”.
(13) In section 85(1) omit the words “, except proceedings for an offence under Part V or any instrument made under that Part,”.
(14) In section 86—
(a)in subsection (2)(a) omit the word “62,”;
(b)in subsection (2)(b) omit the words “or Part V of this Act”; and
(c)subsection (4) is repealed.
(15) In section 87 omit the words “, except Part V”.
(16) In section 94(1)—
(a)in the definition of “container”, omit the words “except in Part V,”; and
(b)after the definition of “occupier”, insert—
““packaged goods regulations” means the Weights and Measures (Packaged Goods) Regulations 2006;”
(17) In paragraph 21(2) of Schedule 11, omit the words “(except in Part V)”.
The Weights and Measures (Quantity Marking and Abbreviations of Units) Regulations 1987, S.I. 1987/1538
(18) In regulation 2(1)(a), omit the words “or section 48(1) or 68(1A)”.
The Capacity Serving Measures (Intoxicating Liquor) Regulations 1988, S.I. 1988/120
(19) Paragraph (2) of regulation 3 is revoked.
The Weights and Measures (Miscellaneous Foods) Order 1988, S.I. 1988/2040
(20) In article 5(4), omit the words from “or, in the case of a container” to “indication of quantity by net weight”.
The Measuring Equipment (Capacity Measures and Testing Equipment) Regulations 1995, S.I. 1995/735
(21) Sub-paragraph (b) of regulation 3(1) is revoked.
The Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000, S.I. 2000/388
(22) Paragraph (3) of regulation 3 is revoked.
The Weighing Equipment (Non-Automatic Weighing Machines) Regulations 2000, S.I. 2000/932
(23) Sub-paragraphs (f) and (g) of regulation 3(2) are revoked.
Criminal Justice and Police Act 2001 (2001 c. 16)
(24) The Criminal Justice and Police Act 2001 is amended as follows.
(25) In section 57(1)(g), for the words “Schedule 8 to the Weights and Measures Act 1985 (c 72)”, substitute “Schedule 7 to the Weights and Measures (Packaged Goods) Regulations 2006”.
(26) For section 66(4)(g) substitute—
“(g)section 79 of the Weights and Measures Act 1985 (c. 72) or Schedule 7 to the Weights and Measures (Packaged Goods) Regulations 2006 (powers of entry and inspection etc);”
(27) In Part 1 of Schedule 1—
(a)in paragraph 36 omit the words “, except Part 5”;
(b)omit paragraph 37; and
(c)insert after paragraph 73F—
“Weights and Measures (Packaged Goods) Regulations 2006 (S.I. 2006/659)
73G The power of seizure conferred by paragraph 4 of Schedule 5 to the Weights and Measures (Packaged Goods) Regulations 2006 (seizure of evidence of offences under regulations 12 to 15 of, or Schedule 7 to, those Regulations).”