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In force since 2023-05-03, as the publisher states.
Copy read on 2026-11-08. The page it was read from
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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In any proceedings for an offence under this Part of this Act or any instrument made under this Part, being an offence in respect of any excess in the quantity of any goods, it shall be a defence for the person charged to prove that the excess was attributable to the taking of measures reasonably necessary in order to avoid the commission of an offence in respect of a deficiency in those or other goods.
Propose a change(1) If proceedings for an offence under this Part of this Act, or any instrument made under this Part, in respect of any deficiency or excess in the quantity— (a) of any goods made up for sale (whether by way of pre-packing or otherwise) in or on a container marked with an indication of quantity, or (b) of any goods which have been pre-packed or otherwise made up in or on a container for sale or for delivery after sale, or which have been made for sale, and which are required by or under this Part of this Act or the FIC Regulation to be pre-packed, or to be otherwise so made up, or to be so made, as the case may be, only in particular quantities, are brought with respect to any article, and it is proved that, at the time and place at which that article was tested, other articles of the same kind, being articles which, or articles containing goods which, had been sold by the person charged or were in that person’s possession for sale or for delivery after sale, were available for testing, the person charged shall not be convicted of such an offence with respect to that article unless a reasonable number of those other articles was also tested. (2) In any proceedings for such an offence as is mentioned in subsection (1) above, the court— (a) if the proceedings are with respect to one or more of a number of articles tested on the same occasion, shall have regard to the average quantity in all the articles tested, (b) if the proceedings are with respect to a single article, shall disregard any inconsiderable deficiency or excess, and (c) shall have regard generally to all the circumstances of the case. (3) Subsections (1) and (2) above shall apply with the necessary modifications to proceedings for an offence in respect of the size, capacity or contents of a container as they apply to proceedings for an offence in respect of the excess or deficiency in the quantity of certain goods. (4) Where by virtue of section 32 above a person is charged with an offence with which some other person might have been charged, the reference in subsection (1) above to articles or goods sold by or in the possession of the person charged shall be construed as a reference to articles or goods sold by or in the possession of that other person.
Propose a change(1) Subsection (2) below applies where any person— (a) makes in any manner any representation as to the quantity of any goods offered or exposed for sale by him, or (b) has in his possession or charge awaiting or in the course of delivery to the buyer any goods which have been sold or agreed to be sold, and the sale is, or purports to be, or is required by or under this Part of this Act or the FIC Regulation to be, by quantity expressed in a particular manner, or is such that the quantity of the goods sold is required by or under any provision of this Part other than section 26 to be made known to the buyer at or before a particular time, or (c) has in his possession or charge for sale, or awaiting or in the course of delivery to a buyer after they have been sold or agreed to be sold— (i) any goods pre-packed or otherwise made up in or on a container for sale or for delivery after sale which are required by or under this Part of this Act or the FIC Regulation to be pre-packed, or to be otherwise so made up, as the case may be, only in particular quantities or only if the container is marked with particular information, or (ii) any goods pre-packed in or on a container marked with an indication of quantity, or (iii) any goods required by or under this Part of this Act or the FIC Regulation to be made for sale only in particular quantities, or (d) has in his possession or charge for sale, or awaiting or in the course of delivery to a buyer after they have been sold or agreed to be sold, any goods subject to a requirement imposed by virtue of section 22(1)(c) above. (2) Where this subsection applies, the powers of an inspector under Schedule 5 to the Consumer Rights Act 2015 shall, subject to subsection (4) below, include power to require the person referred to in subsection (1) above either to do in the presence of the inspector, or to permit the inspector to do, all or any of the following things, that is to say— (a) weigh or otherwise measure or count the goods, (b) weigh or otherwise measure any container in or on which the goods are made up, (c) in the case of goods within subsection (1)(d) above, do anything else as respects the goods or container which is reasonably necessary to ascertain whether the requirement there mentioned is complied with, and which does not damage or depreciate the goods or container, (d) if necessary for any of the purposes of paragraphs (a) to (c) above, break open any container of goods, or open any vending machine in which goods are offered or exposed for sale, and, in the case of any of the goods which are not already sold, power to require that person to sell any of them to the inspector. (3) Where any container of goods is broken open under subsection (2) above and all requirements of, and of any instrument made under, this Part of this Act or the FIC Regulation which are applicable to those goods are found to have been complied with, then— (a) if the container can be resealed without injury to the contents, the inspector may reseal it with a label certifying that all such requirements have been complied with, and (b) if he does not so reseal it or it cannot be so resealed without injury to the contents, the inspector shall at the request of the person referred to in subsection (1) above buy the goods on behalf of the local weights and measures authority. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) An inspector, subject to the production if so requested of his credentials, may require the person in charge of any document required by or under this Part of this Act to be associated with any goods to produce that document for inspection. (2) If the inspector has reasonable cause to believe that any document produced to him under subsection (1) above contains any inaccurate statement, he may either— (a) seize and detain the document, giving in exchange a copy with an endorsement signed by him certifying that the original has been seized and giving particulars of any inaccuracy alleged, or (b) without prejudice to any proceedings which may be taken by reason of any inaccuracy alleged, make on the document an endorsement signed by him giving particulars of any such inaccuracy; and, except where the context otherwise requires, any reference in this Part of this Act to any such document includes a reference to a copy given in pursuance of paragraph (a) above.
Propose a change(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.
Propose a changeWhere any road vehicle is loaded with goods for sale by weight to a single buyer of the whole of the vehicle’s load, or for delivery to the buyer after they have been so sold, the buyer or seller of the goods, or any inspector who shows that he is authorised so to do by the buyer or seller of the goods, may require the person in charge of the vehicle to have it check-weighed, and if that person fails without reasonable cause to comply with any such requirement he shall be guilty of an offence.
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Propose a changeWhere any goods are required by or under this Part of this Act to be sold only by quantity expressed in a particular manner— (a) it shall be a sufficient compliance with that requirement in the case of any sale of, or agreement to sell, any such goods if the quantity of the goods expressed in the manner in question is made known to the buyer before the purchase price is agreed; and (b) no person shall be guilty of an offence under section 25(1) above by reason of the exposing or offering for sale of such goods at any time if both the quantity of the goods expressed in the manner in question and the price at which they are exposed or offered for sale are made known at that time to any prospective buyer.
Propose a change(1) For the purposes of this Part of this Act, without prejudice to any other method of making known to a person the quantity of any goods expressed in a particular manner, that quantity shall be taken to be made known to that person— (a) if the goods are weighed or otherwise measured or counted, as the case may require, in the presence of that person, (b) if the goods are made up in or on a container marked with a statement in writing of the quantity of the goods expressed in the manner in question and the container is readily available for inspection by that person, or (c) upon such a statement in writing being delivered to that person. (2) The Secretary of State may by order provide that subsection (3) below shall apply, in the case of such goods in such circumstances as are specified in the order, to any requirement so specified of, or of any instrument made under, this Part of this Act with respect to the making known to the buyer of the quantity by weight of such goods sold by retail. (3) In any case to which this subsection applies, the requirement specified in the order shall be taken to be satisfied if the goods are bought at premises at which weighing equipment of such description as may be prescribed— (a) is kept available by the occupier of those premises for use without charge by any prospective buyer of such goods for the purpose of weighing for himself any such goods offered or exposed for sale by retail on those premises, and (b) is so kept available in a position on those premises which is suitable and convenient for such use of the equipment, and (c) is reserved for use for that purpose at all times while those premises are open for retail transactions, and a notice of the availability of the equipment for such use is displayed in a position on the premises where it may be readily seen by any such prospective buyer.
Propose a changeFor the purposes of this Part of this Act, a person shall not be taken to weigh or otherwise measure or count any goods in the presence of any other person unless he causes any equipment used for the purpose to be so placed, and so conducts the operation of weighing or otherwise measuring or counting the goods, as to permit that other person a clear and unobstructed view of the equipment, if any, and of the operation, and of any indication of quantity given by any such equipment as the result of that operation.
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Propose a change(1) In England, the local weights and measures authority shall be— (a) for each non-metropolitan county, metropolitan district and London borough, the council of that county, district or borough, (b) for the City of London and the Inner and Middle Temples, the Common Council of the City of London, and (c) for the Isles of Scilly, the Council of the Isles of Scilly. (2) In Wales, the local weights and measures authority for each county shall be the county council and for each county borough shall be the county borough council. (3) In Scotland, the local weights and measures authority for the area of each council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 shall be the council for that area. (4) The Secretary of State, after consultation with any local weights and measures authority appearing to him to be concerned, may by order provide that the area of any local weights and measures authority specified in the order shall, for the purposes of their functions as such an authority, be deemed to include such area consisting of inland waters or of territorial waters of the United Kingdom adjacent to any part of Great Britain as may be so specified, being an area which would otherwise not fall within the area of any local weights and measures authority. (5) A local weights and measures authority may make, or assist in the making of, arrangements to provide advice to or for the benefit of consumers of goods and services within the area of the authority. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(1) Each local weights and measures, authority shall, in respect of each financial year of the authority, make to the Secretary of State by such date as he may direct a report on the operation during that year of the arrangements made to give effect in that authority’s area— (a) to the purposes of this Act, and (b) to functions relating to weights and measures which are conferred on the authority otherwise than by or under this Act and which are specified, in a notice in writing given to the authority by the Secretary of State and not withdrawn, as functions to which this paragraph applies. (2) Any report under subsection (1) above shall be in such form and contain such particulars of such matters as the Secretary of State may direct. (3) Any report made to the Secretary of State under this section may be published by the local weights and measures authority by whom it is made. (4) The Secretary of State may include the whole or any part of, or any information contained in, any such report, whether published or not, in any statement which may be made or published by the Secretary of State with respect to such arrangements as are mentioned in subsection (1) above either generally or in any particular area.
Propose a change(1) The Secretary of State may from time to time cause an inspection to be made of, or of any part of, any such arrangements as are mentioned in section 70 above. (2) Any such inspection shall be carried out by an officer of the Secretary of State authorised in that behalf by the Secretary of State. (3) The officer— (a) may examine any equipment or records kept in connection with those arrangements, (b) may require any inspector having duties under those arrangements to give such assistance and information as the officer may reasonably specify, and (c) may make reasonable enquiries of any person who appears to the officer likely to be able to give him information concerning the operation of those arrangements. (4) The officer by whom any inspection under this section is made shall report its results in writing to the Secretary of State. (5) The Secretary of State shall send a copy of the report to any local weights and measures authority concerned and to any chief inspector responsible for the operation of all or any of the arrangements inspected. (6) The Secretary of State may, if he thinks fit, publish any such report in whole or in part.
Propose a change(1) Each local weights and measures authority shall from time to time appoint from among persons holding certificates of qualification under section 73 below, and reasonably remunerate— (a) a chief inspector of weights and measures, and (b) such number of other inspectors of weights and measures, if any (who may, if the authority so desire, include a deputy chief inspector), as may be necessary for the efficient discharge in the authority’s area of the functions conferred or imposed on inspectors by or under this Act and the packaged goods regulations. (2) Any person appointed under subsection (1) above shall hold office during the pleasure of the authority by whom he was appointed. (3) A chief inspector shall be responsible to the local weights and measures authority for the custody and maintenance of the local standards, working standards and testing and stamping equipment provided for the area for which he was appointed and generally for the operation of the arrangements made to give effect in that area to the purposes of this Act and the packaged goods regulations. (4) A deputy chief inspector may perform any functions of the chief inspector for the area for which he was appointed in any case where it appears to the local weights and measures authority to be desirable or necessary in the interests of the efficient operation of the said arrangements to authorise him so to do, and when so authorised shall have all the powers of a chief inspector.
Propose a change(1) The Secretary of State shall provide for the holding of examinations for the purpose of ascertaining whether persons possess sufficient skill and knowledge for the proper performance of the functions of an inspector, and for the grant of certificates of qualification to persons who pass such examinations. (2) The Secretary of State may if he thinks fit arrange with some other person for that person to hold examinations for the purpose mentioned in subsection (1) above. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) There shall be charged in respect of any examination which is held by the Secretary of State under this section such fees as the Secretary of State may from time to time with the approval of the Treasury determine.
Propose a change(1) The arrangements made by a local weights and measures authority to give effect in their area to the purposes of this Act or the packaged goods regulations may include the provision under the supervision of the chief inspector for their area of a service for the adjustment of weights and measures, but not of other weighing or measuring equipment. (2) Where a service is provided under subsection (1) above, the local weights and measures authority shall charge such reasonable fees as they may determine in connection with it. (3) No person holding office as an inspector who is employed in the inspection of weighing or measuring equipment for the purposes of its use for trade shall also undertake, whether as part of a service provided under subsection (1) above or otherwise, the adjustment for those purposes of weighing or measuring equipment of any description. (4) . . ., a local weights and measures authority may make arrangements whereby an inspector may, at the request of any person and subject to payment by that person of such fee, if any, as the authority may think fit, carry out and submit to that person a report on— (a) a weighing or other measurement of any goods submitted for the purpose by that person at such place as the authority may direct or approve; (b) a test of the accuracy of any weighing or measuring equipment so submitted. (5) A local weights and measures authority may also make arrangements whereby an inspector may, at the request of the Secretary of State and subject to payment by him of such fee, if any, as the authority may think fit, provide advice and assistance to the Secretary of State in connection with the carrying out by him of any audit or inspection under section 11A(3) above or paragraph 7(3) of Schedule 3A to this Act. (6) Subsections (4) and (5) above are without prejudice to the functions of local weights and measures authorities or inspectors under any other provision of this Act or any provision of the packaged goods regulations.
Propose a change(1) Any inspector who— (a) stamps any weighing or measuring equipment in contravention of any provision of this Act or the packaged goods regulations or of any instrument made under this Act or without duly testing it, or (b) derives any profit from, or is employed in, the making, adjusting or selling of weighing or measuring equipment, or (c) knowingly commits any breach of any duty imposed on him by or under this Act or otherwise misconducts himself in the execution of his office, shall be guilty of an offence. (1A) Any approved verifier who– (a) stamps any weighing or measuring equipment in contravention of any provision of this Act or of any instrument made under this Act or without duly testing it, or (b) commits any breach of any duty imposed on him by or under this Act or the packaged goods regulations, shall be guilty of an offence. (2) If any person who is not an inspector, or is not an approved verifier, acts or purports to act as such, he shall be guilty of an offence. (3) Section 34 of this Act shall apply in relation to proceedings for an offence under subsection (1A)(b) above as it applies in relation to proceedings for an offence under Part IV of this Act.
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