Weights and Measures (Northern Ireland) Order 1981

PART IINTRODUCTORY

1Title and commencement

2Interpretation

PART IISTANDARDS OF MEASUREMENT

3Northern Ireland local standards

4Northern Ireland working standards and testing and stamping equipment

PART IIIWEIGHING AND MEASURING FOR TRADE

5Meaning of “use for trade”

6Units of measurement, weights and measures lawful for use for trade

7Dual marking and conversion charts

8Multiples and fractions of units

9Weighing or measuring equipment for use for trade

9AApproval of persons to verify equipment manufactured etc. by them

9BTesting by official EEA testers

10Approved patterns of equipment for use for trade

11Provisions supplementary to Article 10

12General specifications of equipment for use for trade

13Regulations relating to weighing or measuring for trade

13APre-test stamping by certain manufacturers

14Offences in connection with stamping of equipment

15Other offences in connection with equipment

PART IVPUBLIC WEIGHING OR MEASURING EQUIPMENT

16Keepers of public equipment to hold certificate

17Provision of public equipment by district councils

18Offences in connection with public equipment

PART VREGULATION OF CERTAIN TRANSACTIONS IN GOODS

19Transactions in particular goods

20Offences in transactions in particular goods

21Quantity to be stated in writing in certain cases

22Short weight, etc.

23Pleading of warranty as defence

24Additional defences and safeguards for traders

25Offences due to default of third person

26Special powers of inspector with respect to certain goods

27Powers of inspector with respect to certain documents

28Check-weighing of certain road vehicles

29Selling by quantity, making quantity known, and weighing in presence

PART VIPACKAGED GOODS

Interpretation of Part VI . . . . . . . . . ....

30Interpretation of Part VI

Quantity control

31Duties of packers and importers of packages

33Defences to offences under Article 32

34Special provision for certain packages

Co-ordination of control

35Functions of the Department under Part VI

36Disclosure of information

37Power to modify Part VI

38Regulations under Part VI

PART VIIMISCELLANEOUS AND SUPPLEMENTAL PROVISIONS

39Function of Department

40Inspectors of weights and measures

41General powers of inspection and entry

42Obstruction of inspectors

43Power of Department to provide adjustment service

44Employment of inspectors for provision of certain other services

45Offences in connection with office of inspector

46Prosecution of offences

48Regulations and orders

49Department to report to Assembly

50Application to Crown

51Supplemental provisions with respect to fees

Art. 52 rep. by 1996 NI 2

53Other savings

54Consequential amendments and repeals

SCHEDULE 1MEASURES AND WEIGHTS LAWFUL FOR USE FOR TRADE

PART ILINEAR MEASURES

2Measures of— 50 metres 2 metres 30 metres 1.5 metres 20 metres 1 metre 10...

PART IISQUARE MEASURES

2Measures of, or of any multiple of, 1 square decimetre.

PART IIICUBIC MEASURES

1Measures of, or of any multiple of, 0.1 cubic metre.

2Measures of— any multiple of 10 litres 10 litres 100 millilitres 5 litres 50 millilitres...

PART IVCAPACITY MEASURES

Imperial system

1Measures of— 16 pints 8 pints 4 pints 2 pints 1 pint ½ pint ⅓...

2Measures of— any multiple of 10 litres 125 millilitres 10 litres 100 millilitres 5 litres...

Imperial system

2Weights of— 500 ounces troy 0.4 ounce troy 400 ounces troy 0.3 ounce troy 300...

3Weights of— 25 kilogrammes 3 grammes 20 kilogrammes 2 grammes 10 kilogrammes 1 gramme 5...

4Weights of— 500 carats (metric) 1 carat (metric) 200 carats (metric) 0.5 carat (metric) 100...

PART VISPECIAL RESTRICTIONS ON USE FOR TRADE

1No person shall use the ounce troy for trade except for the purposes of transactions...

2No person shall use the carat (metric) for trade except for the purposes of transactions...

3No person shall use a capacity measure of 35 millilitres, 70 millilitres, 125 millilitres, 150...

4No person shall use the pint for trade except for— (a) the purposes of the...

Para.5 rep. by SR 1995/227

Para.5 rep. by SR 1995/227

SCHEDULE 2UNITS OF MEASUREMENT LAWFUL FOR USE FOR TRADE

PART IMEASUREMENT OF LENGTH

PART IIMEASUREMENT OF AREA

Square decimetre

Square decimetre

Square centimetre

Square centimetre

Square millimetre

Square millimetre

PART IIIMEASUREMENT OF VOLUME

Cubic decimetre

Cubic decimetre

Cubic centimetre

Cubic centimetre

PART IVMEASUREMENT OF CAPACITY

Imperial unit Metric units . . . Hectolitre . . . Litre Pint Decilitre ....

Imperial unit Metric units . . . Hectolitre . . . Litre Pint Decilitre ....

PART VMEASUREMENT OF MASS OR WEIGHT

PART VISPECIAL RESTRICTIONS ON USE FOR TRADE

1No person shall use the ounce troy for trade except for the purposes of transactions...

2No person shall use the carat (metric) for trade except for the purposes of transactions...

3No person shall use the pint for trade execpt for— (a) the purposes of the...

Paras. 4, 5 rep. by SR 1995/227

Paras. 4, 5 rep. by SR 1995/227

SCHEDULE 2AAPPROVALS UNDER ARTICLE 9A

PART IAPPROVALS: GENERAL

1Where— (a) any person makes an application for an approval, or (b) an approval is...

Form, effect and conditions of approvals

2(1) An approval shall be in writing and, unless previously withdrawn in accordance with any...

Suspension of approvals

3(1) If it appears to an inspector that, otherwise than in accordance with Article 13A,...

Withdrawal of approvals

4(1) Subject to sub-paragraph (2), the Department may by written notice withdraw an approval if...

Grant of new approval following withdrawal

5(1) Where the Department decides, whether in the light of representations or otherwise, that an...

Application for further approval

6(1) This paragraph applies where, not less than three months before the end of the...

PART IIREQUIREMENTS TO BE MET BY APPROVED VERIFIERS

Maintenance of quality system

7(1) An approved verifier shall maintain in force such systems and procedures (in this Part...

Preparation etc. of quality system manual

8(1) An approved verifier shall prepare and keep up-to-date a quality system manual, that is...

Keeping of records

9An approved verifier shall keep a record of every test carried out by him of...

Schedule 3 rep. by SR 1989/69

SCHEDULE 4SAND AND OTHER BALLAST

PART IGENERAL PROVISIONS

1In this Schedule, “ballast” means any of the following materials, that is to say— (a)...

2Subject to paragraph 3, ballast— (a) if made up in advance ready for retail sale...

3There shall be exempted from the requirements of paragraph 2— (a) ballast in a quantity...

4Without prejudice to Article 13, no article shall be used for trade as a cubic...

5In measuring any ballast against a calibration mark on such a receptacle as aforesaid, the...

PART IICARRIAGE OF BALLAST BY ROAD

6The provisions of this Part shall have effect with respect to the carriage of ballast...

7(1) If any of the ballast is being carried for delivery to a buyer in...

8If all or any of the ballast on the vehicles is being carried in such...

9Any document required by paragraph 7 or 8 shall at all times during the journey...

10In the case of any document such as is mentioned in paragraph 7, if at...

SCHEDULE 5SOLID FUEL

1This Schedule applies to goods of any of the following descriptions (in this Schedule referred...

2(1) Subject to sub-paragraph (2), solid fuel shall be sold only by net weight. (2)...

3(1) Subject to sub-paragraph (3), solid fuel— (a) if made up in advance ready for...

4Solid fuel shall be sold by means of, or offered or exposed for sale in,...

5(1) This paragraph applies to any vehicle on or from which any solid fuel available...

6Any person who, with intent to defraud or deceive, damps any solid fuel shall be...

7(1) This paragraph applies to any vehicle which is used on highways for carrying solid...

8An order under Article 19 may amend or repeal this Part.

PART IIWEIGHING OF SOLID FUEL AT BUYER'S REQUEST

9If in the case of any solid fuel sold otherwise than by means of a...

10Where a request under paragraph 9 is made in respect of the whole load of...

11Where after weighing in pursuance of a request under paragraph 9 the weight of the...

PART IIICARRIAGE OF SOLID FUEL BY ROAD

12This Part shall have effect with respect to the carriage by a road vehicle on...

13(1) If the vehicle is carrying any relevant goods for delivery to a buyer in...

14(1) Subject to sub-paragraph (2), if all or any of the relevant goods on the...

15Any document required by paragraph 13 or 14 shall at all times during the journey...

SCHEDULE 6MISCELLANEOUS GOODS OTHER THAN FOODS

PART ILIQUID FUEL AND LUBRICANTS

1This Part applies to— (a) liquid fuel, lubricating oil and any mixture of such fuel...

2Subject to paragraph 3, goods to which this Part applies— (a) unless pre-packed, shall be...

3Notwithstanding anything in paragraph 2, liquid fuel— (a) when not pre-packed may be sold by...

PART IIREADY-MIXED CEMENT MORTAR AND READY-MIXED CONCRETE

1This Part applies to ready-mixed cement mortar and ready-mixed concrete.

2Subject to paragraph 3, any goods to which this Part applies— (a) if made up...

3There shall be exempted from the requirements of paragraph 2 any goods in a quantity...

4Part II of Schedule 4 except sub-paragraph (3) of paragraph 7 of that Schedule, shall...

PART IIIAGRICULTURAL LIMING MATERIALS, AGRICULTURAL SALT AND INORGANIC FERTILISERS

1This Part applies— (a) to agricultural liming materials, other than calcareous sand; (b) to agricultural...

2(1) Goods to which this Part applies which are not pre-packed, other than liquid fertilisers,...

3Paragraphs 4 and 5 of Schedule 4 shall have effect as if any reference in...

PART IVPEAT AND WOOD FUEL

1Subject to paragraph 2,— (a) peat or wood fuel which is not made up in...

2There shall be exempted from the requirements of paragraph 1 any sale of peat or...

3Any person, who with intent to defraud or deceive, damps any peat or wood fuel...

PART VCOSMETIC PRODUCTS

1. . . . . . . . . . . . . . ....

2. . . . . . . . . . . . . . ....

3. . . . . . . . . . . . . . ....

4. . . . . . . . . . . . . . ....

1Subject to paragraph 2,— (a) soap in the form of a cake, tablet or bar...

2There shall be exempted from the requirements of this Part— (a) liquid soap in a...

3(1) In this Part “soap” does not include any soap which is a cosmetic product...

PART VIIMISCELLANEOUS GOODS TO BE SOLD BY OR MARKED WITH LENGTH

1This Part applies to goods of any of the following descriptions, that is to say,...

2Subject to paragraph 3, goods to which this Part applies— (a) unless pre-packed, shall be...

3There shall be exempted from all requirements of paragraph 2 goods of any description in...

PART VIIIMISCELLANEOUS GOODS TO BE SOLD BY OR MARKED WITH NET WEIGHT

1This Part applies to— (a) distemper; (b) articles offered as feed for household pets, being...

2Subject to paragraph 3 goods to which this Part applies— (a) unless pre-packed, shall be...

3There shall be exempted from all requirements of this Part— (a) distemper or paste paint...

PART IXMISCELLANEOUS GOODS TO BE MARKED WHEN PRE-PACKED WITH NET WEIGHT

1This Part applies to— (a) Portland cement; (b) cleansing powders and scouring powders; (c) detergents,...

2Subject to paragraph 3, goods to which this Part applies shall be pre-packed only if...

3There shall be exempted from the requirements of this Part goods of any description in...

PART XMISCELLANEOUS GOODS TO BE SOLD BY OR MARKED WITH CAPACITY MEASUREMENT

1This Part applies to antifreeze fluid for internal combustion engines, linseed oil, paint (other than...

2Subject to paragraph 3 goods to which this Part applies— (a) unless pre-packed, shall be...

3There shall be exempted from all requirements of this Part goods of any description in...

PART XIMISCELLANEOUS GOODS TO BE MARKED WHEN PRE-PACKED WITH CAPACITY MEASUREMENT

1This Part applies to enamel, lacquer, liquid detergents, liquid paint remover, petrifying fluid and rust...

2Subject to paragraph 3, goods to which this Part applies shall be pre-packed only if...

3There shall be exempted from the requirements of this Part— (a) liquid detergents in a...

PART XIIMISCELLANEOUS GOODS TO BE SOLD BY OR MARKED WITH NET WEIGHT OR CAPACITY MEASUREMENT

1This Part applies to— (a) polishes; (b) dressings analogous to polishes; (c) pea seeds and...

2Subject to paragraph 3 goods to which this Part applies— (a) unless pre-packed, shall be...

3There shall be exempted from all the requirements of this Part— (a) pea or bean...

PART XIIIMISCELLANEOUS GOODS TO BE MARKED WHEN PRE-PACKED WITH QUANTITY BY NUMBER

1This Part applies— (a) to cheroots, cigarettes and cigars; (b) to postal stationery, that is...

2Subject to paragraphs 3 and 4, goods to which this Part applies shall be pre-packed...

3In relation to postal stationery, the reference to number in paragraph 2 shall be construed...

4There shall be exempted from the requirements of this Part any goods in a quantity...

SCHEDULE 7COMPOSITE GOODS AND COLLECTIONS OF ARTICLES

1(1) This paragraph applies to any goods which, not being pre-packed, and not themselves being...

2(1) This paragraph applies to any goods which, not being aerosol products and not themselves...

3(1) This paragraph applies to aerosol products containing any goods required by or under any...

4(1) This paragraph applies to any collection of two or more items which, not itself...

5There shall be exempted from any requirement of paragraph 1, 2 or 3(2)(b) food of...

SCHEDULE 8(1) Instructions given to a person by an inspector in pursuance of Article 32(3) shall...

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1Instructions given to a person by an inspector in pursuance of Article 32(3) shall not...

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2Where in pursuance of paragraph 1 a person gives to an inspector notice of objection...

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3Where instructions are referred to the Department in pursuance of paragraph 2, the Department shall—...

SCHEDULE 9(1) (1) An inspector may, on production if so requested of his credentials, at all...

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1(1) An inspector may, on production if so requested of his credentials, at all reasonable...

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2Where a justice of the peace, is satisfied by complaint in writing and on oath—...

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3(1) An inspector entering any premises by virtue of paragraph 1 or 2 may take...

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4Where an inspector has reasonable cause to believe that an offence under Article 32 or...

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5(1) The Department may purchase goods, and may authorise any of its officers to purchase...

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6A person who wilfully obstructs an inspector acting in pursuance of this Schedule or Part...

Schedule 10—Amendments

Schedule 11—Repeals

1981 No. 231 (N.I. 10)

Weights and Measures (Northern Ireland) Order 1981

18th February 1981