Weights and Measures &c. Act 1976

12 Orders for alleviation of food or other shortages

(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 [1955 c. 16 (4 & 5 Eliz. 2).] Food and Drugs Act 1955 (the " 1955 Act"); or

(b) section 4 or 7 of the [1956 c. 30.] Food and Drugs (Scotland) Act 1956 (the " 1956 Act"); or

(c) section 4 or 7 of the [1958 c. 27 (N.I.).] Food and Drugs Act (Northern Ireland) 1958 (the " 1958 Act"); or

(d) section 21 of the 1963 Act; or

(e) section 15 of the 1967 Act,

and in this section a relevant requirement means a requirement so imposed.

(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 mentioned in subsection (1) above, or in instruments made under those Acts, 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 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 the 1955 Act, the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly ;

(b) where it was imposed under the 1958 Act, 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 1967 Act, the Department of Commerce for Northern Ireland.