PART IIIWEIGHING AND MEASURING FOR TRADE
Meaning of “use for trade”5
1
For the purposes of this Order, “use for trade” means, subject to paragraph (2), use in connection with, or with a view to, a transaction for—
a
the transferring or rendering of money or money's worth in consideration of money or money's worth; or
b
the making of a payment in respect of any toll or duty,
where—
i
the transaction is by reference to quantity or is a transaction for the purposes of which there is made or implied a statement of the quantity of goods to which the transaction relates; and
ii
the use is for the purpose of the determination or statement of that quantity.
2
Paragraph (1) shall not apply where—
a
the determination or statement is a determination or statement of the quantity of goods required for despatch to a destination outside Northern Ireland and any designated country; and
b
the transaction is not a sale by retail; and
c
no transfer or rendering of money or money's worth is involved other than the passing of the title to the goods and the consideration therefor.
3
Any such equipment as follows, that is to say—
a
any weighing or measuring equipment which is made available for use by the public, whether on payment or otherwise; and
b
any equipment which is used for the grading by reference to their weight, for the purposes of trading transactions by reference to that grading, of hens' eggs in shell which are intended for human consumption,
shall be treated for the purposes of this Part as weighing or measuring equipment in use for trade, whether or not it would apart from this paragraph be so treated.
4
Where any weighing or measuring equipment is found in the possession of any person carrying on trade or on any premises which are used for trade, that person or, as the case may be, the occupier of those premises shall be deemed for the purposes of this Order, unless the contrary is proved, to have that equipment in his possession for use for trade.