Part IV

Regulation of Transactions in Goods

Powers of inspectors

Powers of inspectors with respect to goods carried on road vehicles.
40
1
Subsection (2) below applies where, in the case of any goods being carried on a road vehicle,—
a
the whole of the vehicle’s load is being carried for sale to, or for delivery after sale to, the same person, and
b
any document produced in pursuance of section 39(1) above by the person in charge of the vehicle purports, or is required by or under this Part of this Act, to state the quantity of the goods.
2
Where this subsection applies, the inspector may, for the purpose of the exercise of his powers under section 38(2) above do all or any of the following things that is to say—
a
require the goods to which the document relates to be unloaded from the vehicle;
b
require the vehicle to be taken to the nearest suitable and available weighing or measuring equipment;
c
require the person in charge of the vehicle to have it check-weighed.
3
The powers conferred by subsection (2) above shall be exercised only to such extent as may appear to the inspector reasonably necessary in order to secure that the provisions of this Act ... and of any instrument made under those provisions are duly observed.
Words in s. 40(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(5) (with reg. 21)