Weights and Measures Act 1904

JurisdictionUK Non-devolved
Citation1904 c. 28


Weights and Measures Act, 1904.

(4 Edw. 7.) CHAPTER 28.

An Act to amend the Law relating to Weights and Measures.

[15th August 1904]

W HEREAS it is expedient to amend the Weights and Measures Acts, 1878 and 1889:

Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

S-1 Short title.

1 Short title.

1. This Act may be cited as theWeights and Measures Act, 1904.

S-2 Construction.

2 Construction.

2. This Act shall be construed as one with the Weights and Measures Acts, 1878 and 1889, and the Weights and Measures Acts, 1878 to 1897, and this Act may be cited collectively as the Weights and Measures Acts, 1878 to 1904.

S-3 Definition.

3 Definition.

3. In this Act, unless the context otherwise requires—

The expression ‘the Weights and Measures Acts’ means the Weights and Measures Acts, 1878 and 1889, and this Act:

The expression ‘the principal Act’ means the Weights and Measures Act, 1878:

The expression ‘the Act of 1889’ means the Weights and Measures Act, 1889.

S-4 Commencement.

4 Commencement.

4. This Act shall come into operation on the first day of January one thousand nine hundred and five.

S-5 Powers of Board of Trade as to general regulations.

5 Powers of Board of Trade as to general regulations.

(1) The Board of Trade may make general regulations (herein-after referred to as ‘the Board of Trade regulations’) with respect to—

(a ) the verification and stamping of weights and measures and weighing and measuring instruments, including the prohibition of stamping in cases where the nature, denomination, material or principle of construction of the weight, measure or instrument appears likely to facilitate the perpetration of fraud; and

(b ) the circumstances and conditions under which and the manner in which stamps may be obliterated or defaced; and

(c ) the tests to be applied for the purpose of ascertaining the accuracy and efficiency of weights and measures and weighing and measuring instruments; and

(d ) the limits of error to be allowed on verification and to be tolerated on inspection either generally or as respects any trade;

and generally for the guidance of local authorities in the execution and performance of their powers and duties under the Weights and Measures Acts.

(2) Any such regulations may confer on local authorities power to make special regulations as respects their areas in relation to the inspection of weights and measures and weighing instruments and to other matters which, having due regard to uniformity of administration, appear to the Board of Trade to be matters which can be better regulated by special regulations.

(3) The Board of Trade regulations shall, as soon as may be after they are made, be laid before Parliament and shall have effect as if enacted in this Act.

(4) If any inspector refuses or wilfully neglects to act in compliance with the Board of Trade regulations, he shall be guilty of an offence under section forty-nine of the principal Act.

(5) As from the date when the Board of Trade regulations first made under this section come into force, the enactments mentioned in Part I. of the schedule to this Act shall be repealed to the extent specified in the third column of that schedule and any general regulations and byelaws made thereunder shall cease to have effect.

S-6 Power of Board of Trade to grant certificates ofsuitability for use of appliances, &c.

6 Power of Board of Trade to grant certificates ofsuitability for use of appliances, &c.

6. It shall be the duty of the Board of Trade to examine and test, with reference to the material of which and the principle on which they are constructed, all such patterns of weights and measures and weighing or measuring instruments for use for trade as may be submitted to them by local authorities or manufacturers of or dealers in weights, measures or weighing or measuring instruments. If upon such examination any such pattern is found not to be such as to facilitate the perpetration of fraud, the Board of Trade shall give a certificate to that effect and shall cause such pattern to be stamped with an appropriate mark, and from and after the granting of such certificate an inspector shall not refuse to verify or stamp any weight or measure or weighing or measuring instrument made in accordance with that pattern on the ground that the material or principle of construction is such as to facilitate the perpetration of fraud. If upon such examination the Board of Trade decline to give such a certificate as aforesaid, no weight or measure or weighing or measuring instrument made in accordance with such pattern shall be deemed legal, and no inspector shall verity or stamp any such weight, measure or instrument.

The power to take fees conferred by section eight of the Act of 1889 shall extend to the taking of fees for examinations and tests made under this section.

S-7 Power of Board of Trade to determ ne question.

7 Power of Board of Trade to determ ne question.

(1) If any difference arises between any inspector of weights and measures and any other person as to the meaning or construction of the Board of Trade regulations or as to the method of testing or verifying any weight, measure, weighing or measuring instrument, such difference shall, on the request of either party, be determined by the Board of Trade, whose decision shall be final.

(2) The court before whom any proceedings under the Weights and Measures Acts are being taken shall, at the request of either party, and may, if they think fit to do so, without any such request, refer to the...

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