Search Legislation

Weights and Measures &c. Act 1976

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Weights and Measures &c. Act 1976

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Weights and Measures &c. Act 1976. 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.

U.K.

Weights and Measures &c. Act 1976

1976 CHAPTER 77

An Act to amend certain enactments relating to weights and measures; and to make provision for the alleviation of shortages of food and other goods.

[22nd November 1976]

Modifications etc. (not altering text)

C1Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

C2The whole Act, except sections 12 to 14 and 15(1) to (3) and Schedule 6, repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98(1), Sch. 13 Pt. I

Commencement Information

I1Act partly in force on 22.12.1976 see s. 15(2); Act as unrepealed fully in force on 22.12.1976

1—11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1U.K.

Textual Amendments

F1The whole Act, except sections 12 to 14 and 15(1) to (3) and Schedule 6, repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98(1), Sch. 13 Pt. I

Shortages of food and other goodsU.K.

12 Orders for alleviation of food or other shortages.E+W+S

(1)This section applies to food or other goods in relation to which requirements are imposed under or by virtue of—

[F2(a)section 16 of the Food Safety Act 1990 (“the 1990 Act”);]

[F3(c) Article 6 or 9 of the Food (Northern Ireland) Order 1989 (the “1989 Order”); or]

[F4(d)section 21, 22 or 23 of the 1985 Act;]

[F5(e)Article 19 of the 1981 Order.]

(2)Where it appears to the appropriate Minister that—

(a)any food or other goods to which this section applies are or are likely to be, for a limited period of time, in short supply or unavailable in any area; and

(b)the alleviation of that situation is or is likely to be seriously hindered by a relevant requirement,

he may by order exclude or modify the relevant requirement in its operation in relation to the food or goods in question for a period specified in the order.

(3)The said period shall not exceed one year, but may be extended on one or more occasions by a subsequent order under this section for a further period not exceeding one year.

(4)An order under this section may attach conditions to the exclusion or modification of the relevant requirement, and may, while it is excluded or modified—

(a)impose, as respects the food or goods, any requirement which could be imposed under the section under or by virtue of which the relevant requirement is imposed, or

(b)exclude, as respects the food or goods, any exception or exemption from a requirement imposed by or under the said section.

(5)An order under this section—

(a)may impose on persons offending against the order penalties not exceeding the maximum penalties specified in the Acts [F6or Orders]mentioned in subsection (1) above, or in instruments made under those Acts [F6or those orders], in relation to the relevant requirement,

(b)may be limited to an area which is only part of the territory to which the relevant requirement extends,

(c)may, where so limited, make special provision for goods which are dealt with partly within the area and partly outside,

(d)may make different provision in relation to different cases or classes of cases, and may exclude specified cases or classes of cases,

(e)may contain such incidental or supplemental provisions as appear to the appropriate Minister to be expedient for the purposes of the order.

(6)Without prejudice to the generality of subsection (5) above an order under this section may contain transitional provisions by reference to the beginning or end of the period for which the relevant requirement is excluded or modified.

(7)An order under this section may make provision for any of the purposes mentioned in subsections (4), (5) and (6) above by means of amending, or of applying with or without modifications, or of excluding the application in whole or in part of, any provision of the Act [F7or Order]under or by virtue of which the relevant requirement is imposed and, except as provided by an order under this section, Schedule 6 to this Act shall have effect where a requirement is imposed under subsection (4) above.

(8)In this section “requirement” includes any condition or prohibition.

(9)In this section, “appropriate Minister” in relation to any relevant requirement, means—

[F8(a)Where it was imposed under the 1990 Act—

(i)the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly in so far as it was imposed in relation to England and Wales; and

(ii)the Secretary of State in so far as it was imposed in relation to Scotland;]

(b)where it was imposed under the [F91989 Order] , the Department of Health and Social Services for Northern Ireland;

(c)where it was imposed under F10 . . . [F11the 1985 Act], the Secretary of State;

(d)where it was imposed under the [F121981 Order], the Department of Commerce for Northern Ireland.

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only.

Textual Amendments

F6Words substituted by virtue of S.I. 1989/846 (N.I. 6), art. 76(1), Sch. 3 para. 12(b)

F10Words repealed (E.W.S.) by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1), (4), Sch. 3 para. 20(2)(b), Sch. 5

Modifications etc. (not altering text)

C3By S.I. 1982/846 (N.I. 11), art. 5(1) it is provided that the reference to the Department of Commerce shall be construed as a reference to the Department of Economic Development

12 Orders for alleviation of food or other shortages.N.I.

(1)This section applies to food or other goods in relation to which requirements are imposed under or by virtue of—

(a)section 4 or 7 of the [F26Food Act 1984 (the “1984 Act”)] ; or

(b)section 4 or 7 of the Food and Drugs (Scotland) Act 1956 (the “1956 Act”); or

[F27( c) Article 15 of the Food Safety (Northern Ireland) Order 1991 (the “1991 Order”); or]

(d)section 21 of the 1963 Act; or

[F28(e)Article 19 of the 1981 Order.]

(2)Where it appears to the appropriate Minister that—

(a)any food or other goods to which this section applies are or are likely to be, for a limited period of time, in short supply or unavailable in any area; and

(b)the alleviation of that situation is or is likely to be seriously hindered by a relevant requirement,

he may by order exclude or modify the relevant requirement in its operation in relation to the food or goods in question for a period specified in the order.

(3)The said period shall not exceed one year, but may be extended on one or more occasions by a subsequent order under this section for a further period not exceeding one year.

(4)An order under this section may attach conditions to the exclusion or modification of the relevant requirement, and may, while it is excluded or modified—

(a)impose, as respects the food or goods, any requirement which could be imposed under the section under or by virtue of which the relevant requirement is imposed, or

(b)exclude, as respects the food or goods, any exception or exemption from a requirement imposed by or under the said section.

(5)An order under this section—

(a)may impose on persons offending against the order penalties not exceeding the maximum penalties specified in the Acts [F29or Orders]mentioned in subsection (1) above, or in instruments made under those Acts [F29or those orders], in relation to the relevant requirement,

(b)may be limited to an area which is only part of the territory to which the relevant requirement extends,

(c)may, where so limited, make special provision for goods which are dealt with partly within the area and partly outside,

(d)may make different provision in relation to different cases or classes of cases, and may exclude specified cases or classes of cases,

(e)may contain such incidental or supplemental provisions as appear to the appropriate Minister to be expedient for the purposes of the order.

(6)Without prejudice to the generality of subsection (5) above an order under this section may contain transitional provisions by reference to the beginning or end of the period for which the relevant requirement is excluded or modified.

(7)An order under this section may make provision for any of the purposes mentioned in subsections (4), (5) and (6) above by means of amending, or of applying with or without modifications, or of excluding the application in whole or in part of, any provision of the Act [F30or Order]under or by virtue of which the relevant requirement is imposed and, except as provided by an order under this section, Schedule 6 to this Act shall have effect where a requirement is imposed under subsection (4) above.

(8)In this section “requirement” includes any condition or prohibition.

(9)In this section, “appropriate Minister” in relation to any relevant requirement, means—

(a)where it was imposed under [F31the 1984 Act], the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly;

(b)where it was imposed under the [F321991 Order], the Department of Health and Social Services for Northern Ireland;

(c)where it was imposed under the 1956 Act or the 1963 Act, the Secretary of State;

(d)where it was imposed under the [F331981 Order], the Department of Commerce for Northern Ireland.

Textual Amendments

F27S. 12(1)(c) substituted (N.I.) (21. 5.1991) by virtue of S.I. 1991/762 (N.I. 7), art. 51(1), Sch. 2 para. 11(a); S.R. 1991/175, art. 2(1).

F32Words in s. 12(9)(b) substituted (N.I.) (21. 5.1991) by virtue of S.I. 1991/762 (N.I. 7), art. 51(1), Sch. 2 para. 11(b); S.R. 1991/175, art. 2(1).

Modifications etc. (not altering text)

C4By S.I. 1982/846 (N.I. 11), art. 5(1) it is provided that the reference to the Department of Commerce shall be construed as a reference to the Department of Economic Development

13 Shortages: supplementary provisions.U.K.

(1)Before the appropriate Minister makes an order under section 12 of this Act he shall consult, to the extent that it appears to him to be appropriate having regard to the subject matter of the order and the urgency of the matter, with such persons as appear to him to be representative of interests substantially affected by the order.

(2)An order made under section 12 of this Act may be varied or revoked by a subsequent order so made.

(3)An order under section 12 of this Act shall not extend to any area to which the relevant requirement did not extend.

(4)An order under section 12 of this Act, except an order which extends to Northern Ireland only, shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)[F13The power under section 12 of this Act to make an order which extends to Northern Ireland only shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and any such order]shall be subject to negative resolution as defined by section 41(6) of the M1Interpretation Act (Northern Ireland) 1954 as if it were a statutory instrument within the meaning of that Act.

(6)In this section—

  • “appropriate Minister”,

  • “requirement”, and

  • “relevant requirement”,

have the same meanings as in section 12 of this Act.

Textual Amendments

Marginal Citations

SupplementalU.K.

14 Interpretation.U.K.

In this Act—

  • [F14the 1963 Act” means the M2Weights and Measures Act 1963;]

  • [F14the 1985 Act means the Weights and Measures Act 1985;]

  • [F15the 1981 Order”means the Weights and Measures (Northern Ireland) Order 1981]

Textual Amendments

F14Definition of “the 1985 Act”is substituted (E.W.S.) for definition of “the 1963 Act” by Weights and Measures Act 1985 (c. 72, SIF 131), s. 97, Sch. 12 para.

Marginal Citations

15 Short title, etc.U.K.

(1)This Act may be cited as the Weights and Measures &c. Act 1976.

(2)This Act, except Schedules 4 and 5, shall come into operation on the expiration of the period of one month beginning with the date on which it is passed.

(3)This Act, except sections 4, 8 and 9 and Schedules 3 and 4, extends to Northern Ireland.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Textual Amendments

F16The whole Act, except sections 12 to 14 and 15(1) to (3) and Schedule 6, repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98(1), Sch. 13 Pt. I

SCHEDULES

F17F17SCHEDULES 1—5U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17The whole Act, except sections 12 to 14 and 15(1) to (3) and Schedule 6, repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98(1), Sch. 13 Pt. I

Section 12.

SCHEDULE 6U.K. Temporary Requirements Imposed by Emergency Orders

1Where—

(a)a relevant requirement as defined in section 12(1) of this Act is excluded or modified by an order under that section, and

(b)a requirement (the “substituted requirement”) is imposed under subsection (4)(a) of that section,

the Act [F18or Order]under or by virtue of which the relevant requirement took effect shall, to the extent provided in this Schedule, apply to the substituted requirement.

Textual Amendments

[F19 Food Safety Act 1990 (c.16)U.K.

Textual Amendments

2(1)This paragraph applies where the relevant requirement took effect under or by virtue of the Food Safety Act 1990.U.K.

(2)The following provisions of that Act—

(a)Part I (preliminary);

(b)Part III (administration and enforcement); and

(c)Sections 40 to 50 (default powers and other supplemental provisions), shall apply as if the substituted requirement were imposed by regulations under section 16 of that Act.]

[F342(1)This paragraph applies where the relevant requirement took effect under or by virtue of the [F35Food Act 1984].U.K.

(2)The following provisions of that Act—

(a)[F36Part VI] (administration, enforcement and legal proceedings), and

(b)[F36sections 109, 111, 112, 113(1)–(4), sections 114 to 117, sections 122 to 125, sections 127 to 130, section 132(2) and Schedule 9 paragraph 3(1) and (2)](default powers and other supplemental provisions),

shall apply as if the substituted requirement were imposed by regulations under section 4 or 7 of the Act.]

Food and Drugs (Scotland) Act 1956 (c. 30)U.K.

3(1)This paragraph applies where the relevant requirement took effect under or by virtue of the M3Food and Drugs (Scotland) Act 1956.U.K.

(2)The following provisions of that Act—

(a)Part II (administration and enforcement),

(b)Part III (procedure and evidence), and

(c)sections 55 and 57 (default powers and other supplemental provisions),

shall apply as if the substituted requirement were imposed by regulations under section 4 or 7 of the Act.

Marginal Citations

[F20 Food Safety (Northern Ireland) Order 1991 (NI 7)U.K.

Textual Amendments

F214(1)This paragraph applies where the relevant requirement took effect under or by virtue of the Food Safety (Northern Ireland) Order 1991.U.K.

(2)The following provisions of that Order—

(a)Part I (introductory);

(b)Part III (administration and enforcement); and

(c)Articles 38 to 46 (default powers and other supplemental provisions),

shall apply as if the substituted requirement were imposed by regulations under Article 15 of that Order.]

Textual Amendments

[F22 Weights and Measures Act 1985]U.K.

Textual Amendments

F22Sch. 6 para. 5 with sub-heading “Weights and Measures Act 1985” substituted (E.W.S.) for Sch. 6 para. 5 with sub-heading “Weights and Measures Act 1963 (c. 31)” by Weights and Measures Act 1985 (c. 72, SIF 131), s. 97, Sch. 12 para. 9

[F235(1)This paragraph applies where the relevant requirement took effect under or by virtue of the 1985 Act.U.K.

(2)The following provisions of that Act—

(a)sections 25 to 31 (offences),

(b)sections 32 to 37 (liability of third parties and defences),

(c)sections 38 to 42 and 44 to 46 (powers of inspectors, etc.), and

(d)sections 79 to 83 (further powers of inspectors and prosecution of offences),

shall apply as if the substituted requirement were imposed under Part IV of the Act.]

Textual Amendments

F23Sch. 6 para. 5 with sub-heading "Weights and Measures Act 1985" substituted (E.W.S.) for Sch. 6 para. 5 with sub-heading "Weights and Measures Act 1963 (c. 31)" by Weights and Measures Act 1985 (c. 72, SIF 131), s. 97, Sch. 12 para. 9

[F24 Weights and Measures Act (Northern Ireland) Order 1981 (S.I. 1981/231 (N.I. 10))U.K.

6(1)This paragraph applies where the relevant requirement took effect under or by virtue of the Weights and Measures (Northern Ireland) Order 1981.U.K.

(2)The following provisions of that Order—

(a)Article 20 to 22 (offences),

(b)Articles 23 to 25 (defences and liability of third parties),

(c)Article 26 to 29 (powers of inspectors, etc.), and

(d)Articles 41, 42 and 46 (further powers of inspectors and prosecution of offences),

shall apply as if the substituted requirement were imposed under Part V of the Order.]

SupplementalU.K.

7(1)The provisions applied by this Schedule shall have effect subject to any necessary adaptations and modifications.U.K.

(2)The provisions in this Schedule have effect subject to the provisions of any order under section 12 of this Act.

F25F25SCHEDULE 7U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25The whole Act, except sections 12 to 14 and 15(1) to (3) and Schedule 6, repealed by Weights and Measures Act 1985 (c. 72, SIF 131), s. 98(1), Sch. 13 Pt. I

Back to top

Options/Help

Print Options

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.

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