PART 1UK market access: goods

Supplementary

15Interpretation of references to “sale” in Part 1

1

This section explains the meaning in this Part of references to the sale of goods (however expressed).

2

“Sale” does not include a sale which—

a

is not made in the course of a business, or

b

is made in the course of a business but only for the purpose of performing a function of a public nature.

3

Subsection (2)(b) does not exclude a sale which is—

a

made by a public body or authority for commercial purposes, and

b

not made for the purpose of performing a function of a public nature (other than a function relating to the carrying on of commercial activities).

4

“Sale” includes—

a

agreement to sell,

b

offering or exposing for sale, or

c

having in possession or holding for sale.

5

This Part applies in relation to a supply of goods other than a sale as it applies in relation to a sale (and any reference to “sale”, outside this subsection, is to be read accordingly).

6

For this purpose “supply of goods” means the transfer of possession or property in goods (whether or not under or by virtue of a contract), and includes, for example, supply by way of—

a

barter or exchange,

b

the leasing or hiring out of goods, hire-purchase, or bailment of goods, or

c

gift (or anything else done free of charge).