The Weights and Measures (Intoxicating Liquor) (Amendment) Order 2001

Statutory Instruments

2001 No. 1322

WEIGHTS AND MEASURES

The Weights and Measures (Intoxicating Liquor) (Amendment) Order 2001

Made

2nd April 2001

Coming into force

3rd April 2001

Whereas the Secretary of State, pursuant to section 86(2) of the Weights and Measures Act 1985(1), having had particular regard to the need to consult organisations representative of the interests of consumers, has consulted such organisations as appear to him to be representative of interests substantially affected by this Order:

And whereas a draft of this Order has been laid before and approved by resolution of each House of Parliament pursuant to section 86(5) of that Act:

Now, therefore, the Secretary of State in exercise of the powers conferred on him by section 8(6) of that Act and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation and commencement

1.  This Order may be cited as the Weights and Measures (Intoxicating Liquor) (Amendment) Order 2001 and shall come into force on the day after the day on which it is made.

Amendment of the Weights and Measures Act 1985

2.  The Weights and Measures Act 1985 shall be amended as follows—

(a) in section 8 (units of measurement, weights and measures lawful for use for trade)(2), in subsection (2)(c)(3), before “125”, there shall be inserted “70,”; and

(b) in Schedule 3 (measures and weights lawful for use for trade), in paragraph 2 of Part IV, between “100 millilitres” and “50 millilitres”, there shall be inserted “70 millilitres”.

Kim Howells,

Parliamentary Under-Secretary of State for Consumers and Corporate Affairs,

Department of Trade and Industry

2nd April 2001

Explanatory Note

(This note is not part of the Order)

This Order amends the Weights and Measures Act 1985 (“the Act”).

The amendments made to the Act are a result of the amendment made to the Weights and Measures (Intoxicating Liquor) Order 1988 (S.I. 1988/2039) by the Weights and Measures (Intoxicating Liquor) (Amendment) Order 1994 (S.I. 1994/1883) which enabled a second metric quantity, namely 35 ml, to be used for the sale of gin, rum, vodka and whisky for consumption on licensed premises.

In order that double measures of this second metric measure may be dispensed without the need to use a 35 ml capacity measure twice for the purpose of measuring a quantity of 70 ml, the Act is amended so as to allow the use of a 70 ml capacity measure (article 2).

A Regulatory Impact Assessment of the costs and benefits which will result from this Order has been prepared. Copies have been placed in the libraries of both Houses of Parliament and can also be obtained from the National Weights and Measures Laboratory, Stanton Avenue, Teddington, Middlesex TW11 0JZ.

(1)

1985 c. 72.

(2)

Section 8 was amended by regulation 5 of S.I. 1994/2867.

(3)

Section 8(2)(c) was amended by S.I. 1994/1883. Further paragraphs were added to subsection (2) by S.I. 1994/2866 which are not relevant to the amendments made by this Order to that subsection.