Weights and Measures (Intoxicating Liquor) (Amendment) Order (Northern Ireland) 2004

Statutory Rules of Northern Ireland

2004 No. 370

WEIGHTS AND MEASURES

Weights and Measures (Intoxicating Liquor) (Amendment) Order (Northern Ireland) 2004

Made

27th August 2004

Coming into operation

30th September 2004

The Department of Enterprise, Trade and Investment(1), in exercise of the powers conferred by Article 6(4)(a) and (c) of the Weights and Measures (Northern Ireland) Order 1981(2) and now vested in it(3) and of every other power enabling it in that behalf, and after having, in accordance with Article 48(2) of that Order, consulted with, and considered any representations with respect to the subject matter of this Order made to it by such organisations as appear to it to be representative of interests substantially affected by this Order, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Weights and Measures (Intoxicating Liquor) (Amendment) Order (Northern Ireland) 2004 and shall come into operation on 30th September 2004.

Amendment of the Weights and Measures (Northern Ireland) Order 1981

2.  Schedule 1 to the Weights and Measures (Northern Ireland) Order 1981 (Measures and Weights Lawful For Use For Trade)(4) shall be amended as follows –

(a) in paragraph 2 of Part IV, between the words “100 millilitres” and “50 millilitres” there shall be inserted “70 millilitres”; and

(b) for paragraph 3 of Part VI there shall be substituted the following paragraph –

“3.   No person shall use a capacity measure of 35 millilitres, 70 millilitres, 125 millilitres, 150 millilitres or 175 millilitres for trade except for the purposes of transactions in intoxicating liquor.”.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 27th August 2004.

L.S.

Michael Bohill

A senior officer of the

Department of Enterprise, Trade and Investment

Explanatory Note

(This note is not part of the Order.)

This Order amends the Weights and Measures (Northern Ireland) Order 1981 (“the 1981 Order”).

The amendments made to the 1981 Order are a result of the amendment made to the Weights and Measures (Intoxicating Liquor) Order (Northern Ireland) 1989 by the Weights and Measures (Intoxicating Liquor) (Amendment) Order (Northern Ireland) 1994 which enabled a second metric quantity, namely 35 ml, to be used for the sale of gin, rum, vodka and whiskey for consumption on licensed premises.

In order that double measures of this second metric measure may be dispensed without the need to use a 35 ml capacity measure twice for the purpose of measuring a quantity of 70 ml, the 1981 Order is amended so as to allow the use of a 70 ml capacity measure (Article 2).

A Regulatory Impact Assessment of the costs and benefits which will result from this Order has been prepared. Copies can be obtained from the Department of Enterprise, Trade and Investment, Trading Standards Service, 176 Newtownbreda Road, Belfast BT8 6QS.

(1)

Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Art. 3(5)

(2)

S.I. 1981/231 (N.I. 10)

(3)

By S.I. 1982/846 (N.I. 11), Art. 4

(4)

Schedule 1 has been amended by S.R. 1983 No. 302 Art. 3, S.R. 1994 No. 320 Art. 2 and S.R. 1995 No. 227 Arts. 2 and 3