The Weights and Measures (Specified Quantities) (Unwrapped Bread and Intoxicating Liquor) Order 2011

Draft Order laid before Parliament under section 86(5) of the Weights and Measures Act 1985, for approval by resolution of each House of Parliament. This draft Statutory Instrument supersedes the draft of the same title which was laid before Parliament on 7th June 2011 and published on 10th June 2011. It is being issued free of charge to all known recipients of that Statutory Instrument.

Draft Statutory Instruments

2011 No. 0000

Weights And Measures

The Weights and Measures (Specified Quantities) (Unwrapped Bread and Intoxicating Liquor) Order 2011

Made

***

Coming into force

1st October 2011

The Secretary of State, in accordance with section 86(2) of the Weights and Measures Act 1985(1), has consulted with organisations appearing to him to be representative of interests substantially affected by this Order and has considered the representations made to him by such organisations with respect to the subject matter of this Order.

A draft of this Order has been laid before Parliament and approved by a resolution of each House of Parliament.

Accordingly, the Secretary of State makes the following Order in exercise of the powers conferred on him by sections 22(1) and (2), 24(1) and 86(1) of that Act:

Citation and commencement

1.  This Order may be cited as the Weights and Measures (Specified Quantities) (Unwrapped Bread and Intoxicating Liquor) Order 2011 and comes into force on 1st October 2011.

Amendment of the Weights and Measures Act 1985

2.  In the list in paragraph 1 of Part 4 of Schedule 3 to the Weights and Measures Act 1985 (capacity measures in imperial units lawful for use for trade), after “1 pint” insert “2/3 pint”.

Amendment of the Weights and Measures (Miscellaneous Foods) Order 1988

3.—(1) The Weights and Measures (Miscellaneous Foods) Order 1988(2) is amended as follows.

(2) For article 6 (bread) substitute—

“Unwrapped Bread

6.— (1) For the purposes of this article “unwrapped loaf of bread” means a loaf of bread which is not made up in advance ready for retail sale or wholesale in a securely closed container and includes bread offered for sale in a confining band.

(2) Subject to paragraph (3), an unwrapped loaf of bread may be made for sale only if—

(a) an indication of the quantity of the bread is given on a ticket displayed in immediate proximity to that loaf; or

(b) there is displayed, in such a position and manner as to be readily available without special request for inspection by a buyer before any sale is made, a notice—

(i) listing the forms in which unwrapped loaves of bread are made for sale; and

(ii) indicating the quantity or quantities in which each such form is made for sale.

(3) The following are exempt from the requirements of paragraph (2)—

(a) any unwrapped loaf of bread in a quantity of 400 g or a multiple of 400 g;

(b) any unwrapped loaf of bread weighing 300 g or less; and

(c) any sale under a contract for the supply of bread for consumption on the premises of the buyer if the contract provides for each delivery of bread to be of a specified aggregate quantity of not less than 25 kg and for the weighing of the bread on delivery.”.

(3) In Schedule 1—

(a) in column 2, omit “400 g or a multiple of 400 g.”; and

(b) in column 3, omit the words from “(1) where the net weight of each loaf is 300 g or less” to “and for the weighing of the bread on delivery.”

opposite the entry “Bread in the form of a whole loaf” in column 1.

Amendment of the Weights and Measures (Intoxicating Liquor) Order 1988

4.—(1) The Weights and Measures (Intoxicating Liquor) Order 1988(3) is amended as follows.

(2) In article 2(1)(a) (specified quantities applicable to retail sales of beer or cider), after “1/2 pint”, where first appearing, insert “, 2/3 pint”.

(3) For article 5A substitute—

“5A.— (1) For the purposes of this article—

(a) “wine” (except when used in the expression “wine fortified for distillation”) means the intoxicating liquor and other liquids specified in column 1 of Part 1 of Schedule 1 to this Order, other than wine fortified for distillation; and

(b) “wine fortified for distillation” has the same meaning as in the additional notes to Chapter 22 of the Combined Nomenclature.

(2) Subject to paragraph (3), when sold in the glass or other vessel from which it is intended to be drunk, for consumption on the premises at which it is sold—

(a) wine shall be sold only in, or in a multiple of, the following quantities, that is to say, 125 ml and 175 ml; and

(b) wine fortified for distillation shall be sold only in, or in a multiple of, the following quantities, that is to say, 50 ml and 70 ml,

and, in either case, only if a statement in writing of the kind required by subparagraph (c) of article 5(1) is displayed or otherwise provided as required by that sub-paragraph.

(3) Nothing in this article shall make unlawful the sale—

(a) at the express request of the buyer, of any mixture of liquids containing, in a quantity not permitted by this article—

(i) wine; or

(ii) wine fortified for distillation; or

(b) of wine in a quantity of less than 75 ml, without the display or provision of a statement in writing of the kind referred to in paragraph (2).”.

Amendment of the Measuring Instruments (Capacity Serving Measures) Regulations 2006

5.  In the table in Schedule 3 to the Measuring Instruments (Capacity Serving Measures) Regulations 2006(4), insert “2/3 pt” between “1/2 pt” and “1 pt”.

Name

Title

Department for Business, Innovation and Skills

Date

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision in respect of the quantities (“specified quantities”) in which beer, cider and wine sold in the glass from which it is to be drunk. It makes related provision in respect of capacity measures and quantity indications. In addition, the Order removes specified quantities relating to unwrapped loaves of bread, subject in certain cases to quantity indication requirements.

Article 4 amends the Weights and Measures (Intoxicating Liquor) Order 1988 so as to permit retail sales of 2/3 pint of draught beer or cider, to permit wines (other than fortified wines) sold in a quantity of less than 75 ml to be sold in any quantity without quantity indications and to provide for the sale of fortified wines only in specified quantities of 50 ml or 70 ml or a multiple of either of those quantities with quantity indications.

Articles 2 and 5 make related amendments to Schedule 3 to the Weights and Measures Act 1985 and to Schedule 3 to the Measuring Instruments (Capacity Serving Measures) Regulations 2006 (“the 2006 Regulations”) to permit the use for trade of capacity measures of 2/3 pint and to ensure that the 2006 Regulations, which regulate the placing on the market, putting into use and use for trade of capacity serving measures, apply to 2/3 pint measures.

Article 3 amends article 6 of the Weights and Measures (Miscellaneous Foods) Order 1988 (“the 1988 Order”) so as to remove specified quantities relating to unwrapped loaves of bread and to introduce quantity indication requirements applicable to such loaves, when weighing more than 300 g and sold otherwise than in traditional quantities (400 g or a multiple) or in bulk. In addition, it revokes now redundant exemptions from specified quantities relating to unwrapped loaves of bread in Schedule 1 to the 1988 Order.

A full impact assessment of the effect that this Order will have on the costs of business and the voluntary sector is available from the National Measurement Office, Stanton Avenue, Teddington, Middlesex, TW11OJZ. An updated version of the Combined Nomenclature is published as a Commission Regulation every year. The 2011 Combined Nomenclature is published as Commission Regulation (EC) No 861/2010 in the Official Journal of the European Union OJ No L 284, 29.10.2010, p1 and is available from HM Revenue & Customs on www.uktradeinfo.com/news.

These Regulations were notified in draft to the European Commission in accordance with Directive 98/34EC, as amended by Directive 98/48/EC.

(1)

1985 c.72.

(2)

S.I. 1988/2040, amended by S.I. 2009/663.

(3)

S.I. 1988/2039; relevant amending instruments are S.I. 1990/1550, 1994/1883, 2009/663.

(4)

S.I. 2006/1264.