Weights and Measures Act 1985

Enforcement and legal proceedings E+W+S

F1 79 General powers of inspection and entry. E+W+S

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

Textual Amendments

F1 S. 79 omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 31; S.I. 2015/1630, art. 3(i) (with art. 8)

[F2 79A Investigatory powers E+W+S

For the investigatory powers available to a local weights and measures authority for the purposes of the enforcement of this Act, see Schedule 5 to the Consumer Rights Act 2015.]

Textual Amendments

F2 S. 79A inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 32; S.I. 2015/1630, art. 3(i)

80 Obstruction of inspectors. E+W+S

Any person who wilfully obstructs an inspector acting in pursuance of this Act F3 ... shall be guilty of an offence.

Textual Amendments

F3 Words in s. 80 omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 33; S.I. 2015/1630, art. 3(i) (with art. 8)

81 Failure to provide assistance or information. E+W+S

(1) Any person who—

(a) wilfully fails to comply with any requirement properly made of him by an inspector under section 38, 39 or 40 above, or

(b) without reasonable cause fails to give to any inspector acting in pursuance of this Act any other assistance or information which the inspector may reasonably require of him for the purposes of the performance by the inspector of his functions under Part II, III, IV or VI of this Act F4 ...,

shall be guilty of an offence.

(2) If any person, in giving to an inspector any such information as is mentioned in subsection (1) above, gives any information which he knows to be false, he shall be guilty of an offence.

(3) Nothing in this section shall be construed as requiring a person to answer any question or give any information if to do so might incriminate him.

(4) Subsection (1) of section 14 of the M1 Civil Evidence Act 1968 (which relates to the privilege against self-incrimination shall apply to the right conferred by subsection (3) above as it applies to the right described in subsection (1) of that section; but this subsection does not extend to Scotland.

Textual Amendments

F4 Words in s. 81(1)(b) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 34; S.I. 2015/1630, art. 3(i) (with art. 8)

Marginal Citations

M1 1968 c. 64.

82 Offences by corporations. E+W+S

(1) Where an offence under, or under any instrument made under, this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) In subsection (1) above “director” in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

83 Prosecution of offences. E+W+S

(1) [F5 In] England and Wales, proceedings for any offence under this Act or any instrument made under this ActF6 ... shall not be instituted except by or on behalf of a local weights and measures authority or the chief officer of police for a police area.

F7 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Proceedings for an offence under any provision contained in, or having effect by virtue of, Part IV or V of this Act, other than proceedings for an offence under section 33(6), 57(2) or 64 or proceedings by virtue of section 32, shall not be instituted—

(a) unless there has been served on the person charged a notice in writing of the date and nature of the offence alleged andF8 ..., where the proceedings are in respect of one or more of a number of articles of the same kind tested on the same occasion, of the results of the tests of all those articles; or

(b) except were the person charged is a street trader, unless the said notice was served before the expiration of the period of thirty days beginning with the date when evidence which the person proposing to institute the proceedings considers is sufficient to justify a prosecution for the offence came to his knowledge; or

(c) after the expiration of the period—

(i) of twelve months beginning with the date mentioned in paragraph (a) above, or

(ii) of three months beginning with the date mentioned in paragraph (b) above,

whichever first occurs.

(4) Such a notice as is mentioned in subsection (3)(a) above may be served on any person[F9 —

(a) if the proceedings are to be instituted in England and Wales, in accordance with Criminal Procedure Rules; or

(b) if the proceedings are to be instituted in Scotland,]

either by serving it on him personally or by sending it to him by post at his usual or last known residence or place of business in the United Kingdom or, in the case of a company, at the company’s registered office.

[F10 (4A) For the purposes of subsection (4)(a)—

(a) Criminal Procedure Rules (as they have effect from time to time) apply to the notice as if it were a document to be served in criminal proceedings before a magistrates’ court, and

(b) any magistrates’ court may discharge functions conferred on a court by those Rules in relation to such service.]

(5) For the purposes of subsection (3) above—

(a) a certificate of a person who institutes proceedings for an offence mentioned in that subsection which states that evidence came to his knowledge on a particular date shall be conclusive evidence of that fact; and

(b) a document purporting to be a certificate of such a person and to be signed by him or on his behalf shall be presumed to be such a certificate unless the contrary is proved.

Textual Amendments

F5 Word in s. 83(1) substituted (6.4.2006) by The Weights and Measures (Packaged Goods) Regulations 2006 (S.I. 2006/659), reg. 1(1), Sch. 1 Pt. 2(11)(a)(i) (with reg. 21)

F6 Words in s. 83(1) omitted (6.4.2006) by virtue of The Weights and Measures (Packaged Goods) Regulations 2006 (S.I. 2006/659), reg. 1(1), Sch. 1 Pt. 2(11)(a)(ii) (with reg. 21)

F7 S. 83(2) repealed (6.4.2006) by The Weights and Measures (Packaged Goods) Regulations 2006 (S.I. 2006/659), reg. 1(1), Sch. 1 Pt. 2(11)(b) (with reg. 21)

F8 Words in s. 83(3) omitted (6.4.2006) by virtue of The Weights and Measures (Packaged Goods) Regulations 2006 (S.I. 2006/659), reg. 1(1), Sch. 1 Pt. 2(11)(c) (with reg. 21)

F9 S. 83(4)(a)(b) inserted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(3), Sch. 1 para. 9(a)

F10 S. 83(4A) inserted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(3), Sch. 1 para. 9(b)

84 Penalties. E+W+S

(1) A person guilty of an offence under any of the provisions of this Act specified in subsection (2) below shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) The provisions of this Act to which subsection (1) above refers are—

• section 8(4);

• section 9(4);

• section 10(2);

• section 11(3);

• section 11(14);

• section 13(1);

• section 13(2);

• section 13(3);

• section 14(3);

• section 14(5);

• section 15(3);

• section 15(5);

• [F11 section 15A(3);]

• section 18(3);

• section 20(2);

• section 20(4);

• section 20(7);

• section 20(8);

• [F12 section 80;

• section 81(1);

• section 81(2);]

• paragraphs 4 and 5 of Schedule 4;

• paragraph 28(3) of Schedule 5.

(3) A person guilty of an offence under paragraph 24(4)

of Schedule 5 to this Act shall be liable on summary conviction to a fine not exceeding £2,000.

(4) A person guilty of an offence—

(a) under section 17(3) [F13 or 20(3)(b) above], or

(b) under paragraph 10 of Schedule 5 to this Act,

shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

F14 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A person guilty of an offence under any provision of this Act other than those mentioned in subsections (1) to (5) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(7) The Secretary of State may by order alter the penalty imposed by subsection (3) above but such an order shall not impose any penalty exceeding that provided by subsection (6) above.

Textual Amendments

F11 Entry inserted in s. 84(2) (29.3.1999) by S.I. 1999/503, art. 4(2)

F12 Words in s. 84(2) inserted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 35(2); S.I. 2015/1630, art. 3(i)

F13 Words in s. 84(4)(a) substituted (6.4.2006) by The Weights and Measures (Packaged Goods) Regulations 2006 (S.I. 2006/659), reg. 1(1), Sch. 1 Pt. 2(12)(a) (with reg. 21)

F14 S. 84(5) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 6 para. 35(3); S.I. 2015/1630, art. 3(i) (with art. 8)

85 Determination of certain questions by Secretary of State. E+W+S

(1) Where in any proceedings for an offence under this Act or any instrument made under itF15 ... any question arises as to the accuracy of any weighing or measuring equipment, the court shall at the request of any party to the proceedings, and may if it thinks fit without any such request, refer the question to the Secretary of State, whose decision shall be final.

(2) Except where in any particular proceedings the Secretary of State waives his rights under this subsection, any expenses incurred by the Secretary of State in making any test for the purpose of determining any question referred to him under subsection (1) above shall be paid by such of the parties to the proceedings as the court may by order direct.

Textual Amendments

F15 Words in s. 85(1) omitted (6.4.2006) by virtue of The Weights and Measures (Packaged Goods) Regulations 2006 (S.I. 2006/659), reg. 1(1), Sch. 1 Pt. 2(13) (with reg. 21)