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SCHEDULES

Section 21.

SCHEDULE 6E+W+S Miscellaneous Goods other than Foods

Part IE+W+S Liquid Fuel and Lubricants

1E+W+SThis Part of this Schedule applies to—

(a)liquid fuel, lubricating oil and any mixture of such fuel and oil, and

(b)lubricating grease.

2E+W+S Subject to paragraph 3 below, goods to which this Part of this Schedule applies—

(a)unless pre-packed, shall be sold only by net weight or by capacity measurement,

(b)shall be pre-packed only if the container is marked with an indication of quantity either by net weight or by capacity measurement, and

(c)in the case of lubricating oil in a quantity of [F1one litre] or less, shall be made up in a container for sale otherwise than by way of pre-packing only if the container is marked with an indication of quantity by capacity measurement.

Textual Amendments

F1Words in Sch. 6 para. 2(c) substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(a)

3E+W+SNotwithstanding anything in paragraph 2 above, liquid fuel—

(a)when not pre-packed may be sold by volume, and

(b)may be pre-packed in a container marked with an indication of quantity by volume,

being in either case the volume of the gas which would be produced from the fuel in question at such temperature and such atmospheric pressure as are specified in regulations made by the Secretary of State with respect to fuel of the type in question or, if no such regulations are in force, as may be made known by the seller to the buyer before he pays for or takes possession of the fuel; and there shall be exempted from all requirements of paragraph 2 above goods of any description in a quantity of less than [F2250 grams] or of less than [F3250 millilitres].

Textual Amendments

F2Words in Sch. 6 para. 3 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(b)

F3Words in Sch. 6 para. 3 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(b)

Part IIE+W+S Ready-Mixed Cement Mortar and Ready-Mixed Concrete

4E+W+SThis Part of the Schedule applies to ready-mixed cement mortar and ready-mixed concrete.

5[F4(1)Subject to the following provisions of this Part of this Schedule, any goods to which this Part of this Schedule applies—E+W+S

(a)if made up in advance ready for retail sale or wholesale in a securely closed container, shall be sold only by volume, and

(b)if not so made up, shall be sold only by volume in a multiple of 0.1 cubic metre.]

(2)There shall be exempted from the requirements of this paragraph any goods in a quantity of less than one cubic metre.

Textual Amendments

6E+W+SPart II of Schedule 4 to this Act, except sub-paragraph (3) of paragraph 7, shall apply for the purposes of this Part of this Schedule as if—

(a)any reference in the said Part II to ballast included a reference to goods to which this Part of this Schedule applies; and

(b)the reference in sub-paragraph (1) of paragraph 7 to paragraph 2 of Schedule 4 were a reference to paragraph 5 of this Schedule.

Modifications etc. (not altering text)

C1S. 6 modified (1.3.1996) by 1986 c. 44, s. 36B (which was inserted (1.3.1996) by 1994 c. 45, s. 10, Sch. 3 para. 44; S.I. 1996/218, art. 2

7E+W+SParagraph 5 and 6 above shall not have effect in any area in Scotland specified by the Secretary of State by order.

Part IIIE+W+S Agricultural Liming Materials, Agricultural Salt and Inorganic Fertilisers

8E+W+SThis Part of this Schedule applies—

(a)to agricultural liming materials, other than calcareous sand,

(b)to agricultural salt,

(c)to, and to any mixture consisting mainly of, inorganic fertilisers, other than such fertilisers or such a mixture made up into pellets or other articles for use as individual items, and

(d)to any mixture of any of the foregoing.

9(1)) Goods to which this Part of this Schedule applies which are not pre-packed, other than liquid fertilisers, shall be sold only by quantity, being—E+W+S

(a)quantity by net weight; or

(b)if the goods are sold in a container which does not exceed the permitted weight and the gross weight of the goods is not less than [F525 kilograms], quantity either by net weight or by gross weight; or

(c)quantity by volume.

(2)Goods to which this Part of this Schedule applies shall be pre-packed only if the container is marked with an indication of quantity, being—

(a)in the case of liquid fertilisers, quantity by capacity measurement;

(b)in any other case, quantity by net weight or, if the container does not exceed the permitted weight and the gross weight of the goods is not less than [F525 kilograms], quantity either by net weight or by gross weight.

(3)In this paragraph, “the permitted weight” means a weight at the rate of [F6650 grams per 50 kilograms] of the gross weight.

(4)There shall be exempted from all requirements of this paragraph any sale of goods with a view to their industrial use.

Textual Amendments

F5Words in Sch. 6 para. 9(1)(b)(2)(b) substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(c)(i)

F6Words in Sch. 6 para. 9(3) substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(c)(ii)

10E+W+SParagraph 4 and 5 of Schedule 4 to this Act shall have effect as if any reference in those paragraphs to ballast included a reference to any goods to which this Part of this Schedule applies.

Part IVE+W+S Wood Fuel

11E+W+SSubject to paragraphs 12 and 13 below—

(a)wood fuel which is not made up in a container for sale shall be sold by retail only by net weight;

(b)in the case of a sale by retail of wood fuel made up in a container for sale, the quantity by net weight of the fuel sold shall be made known to the buyer before he pays for or takes possession of it.

12(1)) Paragraph 11 above shall not have effect in any area unless the local weights and measures authority for that area so direct by byelaw.E+W+S

(2)Not less than one month before making any byelaw by virtue of this paragraph, the local weights and measures authority shall give public notice of their intention to make it by advertisement in one or more newspapers circulating in the area to which the byelaw is to apply.

(3)The local weights and measures authority by whom any byelaw is made by virtue of this paragraph shall give notice of the making of the byelaw to the Secretary of State.

13E+W+SThere shall be exempted from the requirements of paragraph 11 above any sale of wood fuel in a quantity which does not exceed [F77.5 kilograms] or which exceeds [F8500 kilograms].

Textual Amendments

F7Words in Sch. 6 para. 13 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(d)

F8Words in Sch. 6 para. 13 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(d)

14E+W+SParagraphs 9 and 10 of Schedule 5 to this Act shall have effect as if any reference in those paragraphs to solid fuel included a reference to wood fuel.

F9Part VE+W+S COSMETIC PRODUCTS

Textual Amendments

F915E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F916E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VIE+W+S Soap

[F1016A [F11(1)] In this Part of this Schedule “soap” does not include any soap which is a cosmetic product F12....E+W+S

[F13(2)“Cosmetic product” has the same meaning as in Regulation (EC) 1223/2009 of the European Parliament and of the Council on cosmetic products (recast), as amended from time to time.]]

Textual Amendments

F10Sch. 6 para. 16A inserted (31.7.1994) by S.I. 1994/1884, art. 3

F12Words in Sch. 6 para. 16A omitted (11.7.2013) by virtue of The Cosmetic Products Enforcement Regulations 2013 (S.I. 2013/1478), reg. 1(2), Sch. 5 para. 4(a) (with reg. 6(5))

17E+W+SSubject to paragraph 18 below—

(a)soap in the form of a cake, tablet or bar shall be pre-packed only if the container is marked with an indication of quantity by net weight,

(b)liquid soap shall be pre-packed only if the container is marked with an indication of quantity by capacity measurement, and

(c)soap in any other form—

(i)unless pre-packed, shall be sold by retail only by net weight, and

(ii)shall be pre-packed only if the container is marked with an indication of quantity by net weight.

18E+W+SThere shall be exempted from the requirements of this Part of this Schedule—

(a)liquid soap in a quantity of less than [F14125 millilitres], and

(b)soap in any other form in a quantity of less than [F1525 grams].

Textual Amendments

F14Words in Sch. 6 para. 18 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(e)

F15Words in Sch. 6 para. 18 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(e)

Part VIIE+W+S Miscellaneous Goods to be Sold by or Marked with Length

19E+W+SThis Part of this Schedule applies to goods of any of the following descriptions, that is to say, bias binding, elastic, ribbon, tape and sewing thread.

20E+W+SSubject to paragraph 21 below, goods to which this Part of this Schedule applies—

(a)unless pre-packed, shall be sold by retail only by length, and

(b)shall be pre-packed only if the container is marked with an indication of quantity by length.

21E+W+SThere shall be exempted from all requirements of paragraph 20 above goods of any description in a quantity of less than [F16one metre].

Textual Amendments

F16Words in Sch. 6 para. 21 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(f)

Part VIIIE+W+S Miscellaneous Goods to be Sold by or Marked withNet Weight

22E+W+SThis Part of this Schedule applies to—

(a)distemper,

(b)articles offered as feed for household pets, being manufactured feed or bird feed, other than animal feed in biscuit of cake form pre-packed in a quantity by number not exceeding sixteen,

(c)nails,

(d)paste paint,

(e)seeds, other than pea or bean seeds, and

(f)rolled oats.

23E+W+SSubject to paragraphs 24 and 25 below, goods to which this Part of this Schedule applies—

(a)unless pre-packed, shall be sold by retail only by net weight, and

(b)shall be pre-packed only if the container is marked with an indication of quantity by net weight.

[F1724E+W+SThe following shall be exempted from the requirements of this Part of this Schedule—

(a)distemper or paste paint in a quantity of less than 250 grams,

(b)bird seed in a quantity of less than 125 grams, and

(c)any other goods in a quantity of less than 25 grams.]

Textual Amendments

F17Sch. 6 para. 24 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(g)

25E+W+SNotwithstanding anything in paragraph 24 above, nails—

(a)when not pre-packed may be sold by retail by number, and

(b)may be pre-packed in or on a container marked with an indication of quantity by number.

Part IXE+W+S Miscellaneous Goods to be Marked when Pre-Packed with Net Weight

26E+W+SThis Part of this Schedule applies to—

(a)Portland cement,

(b)cleansing powders and scouring powders,

(c)detergents, other than liquid detergents, and

(d)paint remover, other than liquid paint remover.

27E+W+SSubject to paragraph 28 below, goods to which this Part of this Schedule applies shall be pre-packed only if the container is marked with an indication of quantity by net weight.

28E+W+SThere shall be exempted from the requirements of this Part of this Schedule goods of any description in a quantity of less than [F1825 grams].

Textual Amendments

F18Words in Sch. 6 para. 28 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(h)

Part XE+W+S Miscellaneous Goods to be Sold by or Marked with Capacity Measurement

29E+W+SThis Part of this Schedule applies to antifreeze fluid for internal combustion engines, linseed oil, paint (other than paste paint), paint thinner, turpentine, turpentine substitute, varnish, and wood preservative fluid (including fungicides and insecticides).

30E+W+SSubject to paragraph 31 below, goods to which this Part of this Schedule applies—

(a)unless pre-packed, shall be sold by retail only by capacity measurement, and

(b)shall be pre-packed only if the container is marked with an indication of quantity by capacity measurement.

31E+W+SThere shall be exempted from all requirements of this Part of this Schedule goods of any description in a quantity of less than [F19150 millilitres].

Textual Amendments

F19Words in Sch. 6 para. 31 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(i)

Part XIE+W+S Miscellaneous Goods to be Marked when Pre-Packed with Capacity Measurement

32E+W+S This Part of this Schedule applies to enamel, lacquer, liquid detergents, liquid paint remover, petrifying fluid and rust remover.

33E+W+SSubject to paragraph 34 below, goods to which this Part of this Schedule applies shall be pre-packed only if the container is marked with an indication of quantity by capacity measurement.

[F2034E+W+SThe following shall be exempted from the requirements of paragraph 33 above—

(a)liquid detergents in a quantity of less than 125 millilitres, and

(b)goods of any other description in a quantity of less than 150 millilitres.]

Textual Amendments

F20Sch. 6 para. 34 substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(j)

Part XIIE+W+S Miscellaneous Goods to be Sold by or Marked With Net Weight of Capacity Measurement

35E+W+SThis Part of this Schedule applies to—

(a)polishes,

(b)dressings, analogous to polishes, and

(c)pea seeds and bean seeds.

36E+W+SSubject to paragraph 37 below, goods to which this Part of this Schedule applies—

(a)unless pre-packed, shall be sold by retail only by net weight or by capacity measurement, and

(b)shall be pre-packed only if the container is marked with an indication of quantity either by net weight or by capacity measurement.

37E+W+SThe following shall be exempted from all the requirements of this Part of this Schedule, that is to say—

(a)pea or bean seeds in a quantity of less than [F21250 grams] or of less than [F22250 millilitres], and

(b)any other goods in a quantity of less than [F2330 grams] or of less than [F2430 millilitres].

Textual Amendments

F21Words in Sch. 6 para. 37(a) substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(k)

F22Words in Sch. 6 para. 37(a) substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(k)

F23Words in Sch. 6 para. 37(b) substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(k)

F24Words in Sch. 6 para. 37(b) substituted (1.10.1995) by S.I. 1994/2866, reg. 3(6)(k)

Part XIIIE+W+S Miscellaneous Goods to be Marked When Pre-PackedWith Quantity by Number

38E+W+SThis Part of this Schedule applies—

(a)to cheroots, cigarettes and cigars,

(b)to postal stationery, that is to say, paper or cards for use in correspondence, and envelopes,

(c)to, and to any mixture consisting mainly of, inorganic fertilisers, being such fertilisers or such a mixture made up into pellets or other articles for use as individual items, and

(d)to manufactured animal feed in biscuit or cake form pre-packed in a quantity by number of sixteen or less.

39E+W+SSubject to paragraphs 40 and 41 below, goods to which this Part of this Schedule applies shall be pre-packed only if the container is marked with an indication of quantity by number.

40E+W+SIn relation to postal stationery, the reference to number in paragraph 39 above shall be construed as a reference to the number of sheets of paper, cards or envelopes, as the case may be, in the pad, confining band or other form of container; and postal stationery shall be exempted from the requirements of that paragraph if pre-packed as part of a collection of articles made up for sale together and including any article other than postal stationery and blotting or other paper.

41E+W+SThere shall be exempted from the requirements of this Part of this Schedule any goods in a quantity by number of one.