Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 74
Words substituted (E.W.S.) by Weights and Measures Act 1985 (c. 72, SIF 131), ss. 96(1), 97, Sch. 11 para. 21(2), Sch. 12 para. 3(a)
Words substituted by S.I. 1981/231 (N.I. 10), Sch. 10 para. 2(a)
In sub-para. (a) for “subsection (2) of section 51 of the said Act of 1963” there is substituted (E.W.S.) “subsection (3) of section 83 of the said Act of 1985” by Weights and Measures Act 1985 (c. 72, SIF 131), ss. 96(1), 97, Sch. 11 para. 21(2), Sch. 12 para. 3(b)
In para. (a) for “subsection (2) of section 33 of the said Act of 1967” there is substituted “paragraph (3) of Article 46 of the said Order of 1981” and after “that subsection” there is inserted “or, as the case may be, that paragraph” by S.I. 1981/231 (N.I. 10), Sch. 10 para. 2(b)
In sub-para. (b) for “subsections (2), (3) and (5) to (7) of section 26 of the said Act of 1963” there is substituted (E.W.S.) “sections 35, 36 and 37(1) and (2) of the said Act of 1985” by Weights and Measures Act 1985 (c. 72, SIF 131), ss. 96(1), 97, Sch. 11 para. 21(2), Sch. 12 para. 3(c)
In para. (b) for “of section 20 of the said Act of 1967” there is substituted “of Article 24 of the said Order of 1981” and after “that Act” there is inserted “or as the case may be, Part V of that Order.” by S.I. 1981/231 (N.I. 10), Sch. 10 para. 2(c)
Para. beginning “In this subsection” repealed by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1)(4), Sch. 3 para. 7, Sch. 5
S. 22 (2A) inserted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1), Sch. 3 para. 7
Ss. 18, 19 extended with modifications by S.I. 1986/26, reg. 11(1) and S.I. 1988/1586, reg. 4(1)
Ss. 18, 19 extended with modifications by S.I. 1986/26, reg. 11(1) and S.I. 1988/1586, reg. 4(1)
S. 19 applied (with modifications) (23.3.1996) by S.I. 1995/2489, reg. 10(1).
S. 20 extended with modifications by S.I. 1986/26, reg. 11(1) and S.I. 1988/1586, reg. 4(1)
S. 20 applied (with modifications) (23.3.1996) by S.I. 1995/2489, reg. 10(1).
S. 23 extended by Prices Act 1974 (c. 24, SIF 99:6), s. 7, Sch. para. 5(3) and extended with modifications by S.I. 1986/26, reg. 11(1)
S. 23 applied (with modifications) (23.3.1996) by S.I. 1995/2489, reg. 10(1).
1968 c. 67 (84)
A person guilty of an offence under this Act for which no other penalty is specified shall be liable—
on summary conviction, to a fine not exceeding four hundred pounds; and
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
No prosecution for an offence under this Act shall be commenced after the expiration of three years from the commission of the offence or one year from its discovery by the prosecutor, whichever is the earlier.
Notwithstanding anything in
Notwithstanding anything in section 23 of the
Subsections (2) and (3) of this section do not apply where—
the offence was committed by the making of an oral statement; or
the offence was one of supplying goods to which a false trade description is applied, and the trade description was applied by an oral statement; or
the offence was one where a false trade description is deemed to have been applied to goods by virtue of section 4(3) of this Act and the goods were supplied in pursuance of an oral request.
Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent and connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
In this section “
Any person who, in the United Kingdom, assists in or induces the commission in any other country of an act in respect of goods which, if the act were committed in the United Kingdom, would be an offence under section 1 of this Act shall be guilty of an offence, except as provided by subsection (2) of this section, but only if either—
the false trade description concerned is an indication (or anything likely to be taken as an indication) that the goods or any part thereof were manufactured, produced, processed or reconditioned in the United Kingdom; or
the false trade description concerned—
consists of or comprises an expression (or anything likely to be taken as an expression) to which a meaning is assigned by an order made by virtue of section 7(b) of this Act, and
where that meaning is so assigned only in circumstances specified in the order, the trade description is used in those circumstances.
A person shall not be guilty of an offence under subsection (1) of this section if, by virtue of section 32 of this Act, the act, though committed in the United Kingdom, would not be an offence under section 1 of this Act had the goods been intended for despatch to the other country.
Any person who, in the United Kingdom, assists in or induces the commission outside the United Kingdom of an act which, if committed in the United Kingdom, would be an offence under section 12 of this Act shall be guilty of an offence.
Where any act or omission constitutes both an offence under this Act and an offence under any provision contained in or having effect by virtue of Part IV of the
proceedings for the offence shall not be instituted under this Act, except by virtue of section 23 thereof, without the service of such a notice as is required by
Where any act or omission constitutes both an offence under this Act and an offence under the food and drugs laws, evidence on behalf of the prosecution concerning any sample procured for analysis shall not be admissible in proceedings for the offence under this Act unless the relevant provisions of those laws have been complied with . . .
In subsection (2) of this section—
“
“
in relation to the said Act of 1990, section 31 and regulations made thereunder;
in relation to the said Act of 1968, so much of Schedule 3 to that Act as is applicable to the circumstances in which the sample was procured; and
in relation to the said Order, Articles 40 and 44,
or any provisions replacing any of those provisions by virtue of section 17 of the said Act of 1990, paragraph 27 of Schedule 3 to the said Act of 1968 or Article 72 or 73 of the said Order.
The Board of Trade may by order provide that in proceedings for an offence under this Act in relation to such goods as may be specified in the order (other than proceedings for an offence falling within the preceding provisions of this section) evidence on behalf of the prosecution concerning any sample procured for analysis shall not be admissible unless the sample has been dealt with in such manner as may be specified in the order.
Where the commission by any person of an offence under this Act is due to the act or default of some other person that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this section whether or not proceedings are taken against the first-mentioned person.