Weights and Measures (Packaged Goods) (Amendment) Regulations 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/1064 |
| Year | 1980 |
1980 No. 1064
WEIGHTS AND MEASURES
The Weights and Measures (Packaged Goods) (Amendment) Regulations 198025thJuly 1980
4thAugust 1980
All except Regulation 61stSeptember 1980Regulation 61stJanuary 1981
Whereas the Secretary of State pursuant to section 15(3) of the Weights and Measures Act 1979(a) has consulted such organisations as he considers are representative of interests which would be substantially affected by these Regulations:
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1, 5, 13, 14(1) and 15 of that Act, and of all other powers enabling him in that behalf, hereby makes the following Regulations:—
1.—(1) These Regulations may be cited as the Weights and Measures (Packaged Goods) (Amendment) Regulations 1980.
(2) These Regulations, except Regulation 6, shall come into operation on 1st September 1980.
(3) Regulation 6 shall come into operation on 1st January 1981.
2. The Weights and Measures (Packaged Goods) Regulations 1979(b) shall be amended in accordance with the following provisions of these Regulations.
3. In Regulation 3, for the word "packages" there shall be substituted the word "containers".
4. In Regulation 4—
(a) in paragraph (1)(a) after the words "the lower limit" there shall be inserted the words "and not more than the upper limit", and the words "and not more than the upper limit so specified" shall be omitted; and
(b) at the end there shall be added the words "and Part I of the Act shall apply in relation to packages of those classes subject to the provisions made by Regulation 5(2) below.".
5. In Regulation 5(1), after sub-paragraph (b) there shall be inserted the following sub-paragraph:—
"(bb) packages marked with the EEC mark containing goods of any description where—
(i) in a case other than that mentioned in (ii) below, the packages are made up in a predetermined constant quantity which exceeds the relevant limit, and
(a) 1979 c. 45.
(b) S.I. 1979/1613.
(ii) in the case of packages in relation to which an upper limit of predetermined constant quantity is specified in column 3 of Part I or II of Schedule 1 to these Regulations, being a limit which is higher than the relevant limit, the packages are made up in a predetermined constant quantity which exceeds that upper limit.
For the purposes of this sub-paragraph, "the relevant limit" is that one of the limits of quantity secondly specified in paragraph (a), (b) or (c) of Regulation 6 below as applies in relation to the packages in question according to the case mentioned in each of those paragraphs;".
6. In Regulation 6, in paragraph (b) the words "which do not contain" to the end of the paragraph, and paragraph (c), shall be omitted.
7. In Regulation 8(1), for sub-paragraph (a) there shall be substituted the following sub-paragraph:—
"(a) shall be given in writing before the expiry of the day on which—
(i) in a case falling within the said paragraph (a), the packages in question are marked with the said mark, and
(ii) in a case falling within the said paragraphs (b) and (c), the packages in question are imported;".
8. In Regulation 26—
(a) in paragraph (3) after the words "of the Act" there shall be inserted the words "except in the case mentioned in paragraph (4A) below and";
(b) in paragraph (4)(b), for the words "exceed that lower limit" there shall be substituted the words "equal or exceed that lower limit but not to exceed the upper limit so mentioned"; and
(c) after paragraph (4) there shall be inserted the following paragraph:—
"(4A) In a case mentioned in paragraph (1)(a)(i) above where the goods contained in the inner packages consist of cocoa products or chocolate products (within the meaning of the Cocoa and Chocolate Products Regulations 1976(a)) and—
(a) the circumstances mentioned in paragraph (3) above apply with respect to the outer container and the inner packages; but
(b) paragraph (4)(a) and (b) above apply with respect to those packages,
then the said paragraph (4) shall apply to the outer container as it applies to an outer container in a case mentioned in that paragraph.".
9. In Regulation 27(4), for the words "but a test" there shall be substituted the words "but such a test".
10. For Schedule 1 there shall be substituted the Schedule to these Regulations.
(a) S.I. 1976/541.
11. In Schedule 2, at the end there shall be added the following paragraph:—
"3. Packages containing alcoholic beverages when made up in bottles where—
(a) the beverage has an alcoholic strength by volume of more than 1.2 per cent; and
(b) the packages were made up before, but not imported until on or after, 1st January 1980.".
12. In Schedule 3—
(a) in Part I, in paragraph 1(A)(b)(ii)—
(i) for the words "paragraph (b)(i)" there shall be substituted the words "paragraph (b)", and
(ii) for the words "sub-paragraph (i) above" there shall be substituted the words "this paragraph".
(b) in Part I the modifications set out in column 2 in paragraph 2 shall have effect in relation to packages of the description mentioned in paragraph 1 (instead of the modifications set out in that paragraph so far as they relate to the provisions mentioned in the said column 2) when such packages are made up as mentioned in sub-paragraph (b) in column 1 in the said paragraph 2; and for the modifications set out in the said column 2 there shall be substituted the following modifications:—
"2(A) Part I of the Act shall have effect as if, in both cases mentioned in column 1, sections 1(4)(b) and 3(b) were omitted.
2(B) These Regulations shall have effect as if—
(a) in the case mentioned in sub-paragraph (a) in column 1, Regulation 11 were omitted; and
(b) in the case mentioned in sub-paragraph (b) in column 1, Regulation 11 and in Schedule 4, paragraph 2(1)(d), (2)(b) and (3)(b) were omitted."; and
(c) in Part II—
(i) in paragraph 2(b) (in the inserted subsection (4A)(a)), for the words "and which he intends so to mark" there shall be substituted the words", or are marked with the one but not the other, and which he intends to mark so that they are marked with both" and (in the inserted subsection (4A)(b)) for the words "so to mark" there shall be substituted the words "to mark so that they are marked with both",
(ii) for head (ii) of paragraph 5(a) there shall be substituted the...
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