Weights and Measures Act 1985

1. Introductory Text

2. Part I Units and Standards of Measurement

   1. 1. Units of measurement.

   2. 2. United Kingdom primary standards and authorised copies of the primary standards.

   3. 3. Department of Trade and Industry secondary, tertiary and coinage standards.

   4. 4. Local standards.

   5. 5. Working standards and testing and stamping equipment.

   6. 6. Testing of other standards and equipment.

3. Part II Weighing and Measuring for Trade

   1. General

      1. 7. Meaning of “use for trade”.

      2. 8. Units of measurement, weights and measures lawful for use for trade.

      3. 9. Dual marking and conversion charts.

      4. 10. Multiples and fractions of measures and units.

   2. Weighing or measuring equipment for use for trade

      1. 11. Certain equipment to be passed and stamped by inspector.

      2. 11A. Approval of persons to verify equipment manufactured etc by them.

      3. 11B. Testing by official EEA testers.

      4. 12. Approved patterns of equipment.

      5. 13. Offences in connection with approved patterns of equipment.

      6. 14. General specifications of equipment.

   3. Miscellaneous

      1. 15. Regulations relating to weighing or measuring for trade.

      2. 15A. Pre-test stamping by certain manufacturers.

      3. 16. Offences in connection with stamping of equipment.

      4. 17. Offences relating to false or unjust equipment or fraud.

4. Part III Public Weighing or Measuring Equipment

   1. 18. Keepers of public equipment to hold certificate.

   2. 19. Provision of public equipment by local authorities.

   3. 20. Offences in connection with public equipment.

5. Part IV Regulation of Transactions in Goods

   1. Transactions in particular goods

      1. 21. Transactions in goods mentioned in Schedules 4 to 7.

      2. 22. Orders relating to transactions in particular goods.

      3. 23. Regulations as to information.

      4. 24. Exemption from requirements imposed under sections 21 to 23.

      5. 25. Offences relating to transactions in particular goods.

   2. Quantity to be stated in writing

      1. 26. Quantity to be stated in writing in certain cases.

      2. 27. Exemption from requirements of section 26.

   3. General offences

      1. 28. Short weight, etc.

      2. 29. Misrepresentation.

      3. 30. Quantity less than stated.

      4. 31. Incorrect statements.

      5. 32. Offences due to default of third person.

   4. Defences

      1. 33. Warranty.

      2. 34. Reasonable precautions and due diligence.

      3. 35. Subsequent deficiency.

      4. 36. Excess due to precautions.

      5. 37. Provisions as to testing.

   5. Powers of inspectors

      1. 38. Special powers of inspectors with respect to certain goods.

      2. 39. Powers of inspectors with respect to certain documents.

      3. 40. Powers of inspectors with respect to goods carried on road vehicles.

   6. Miscellaneous and supplementary

      1. 41. Check-weighing of certain road vehicles.

      2. 42. Power to make test purchases.

      3. 43. Beer and cider.

      4. 44. Selling by quantity.

      5. 45. Making quantity known to a person.

      6. 46. Weighing in presence of a person.

6. Part V Packaged Goods

   1. Quantity control

      1. 47. Duty of packers and importers as to quantity.

      2. 48. Duty of packers and importers as to marking of containers.

      3. 49. Duties as to equipment, checks and documentation.

   2. Enforcement of control

      1. 50. Offences, etc.

      2. 51. Defences to certain charges under section 50.

      3. 52. Enforcement of Part V by local weights and measures authority.

      4. 53. Powers of inspectors and local weights and measures authority under Part V.

   3. Special provision for certain packages

      1. 54. Special provision for certain packages.

   4. Co-ordination of control

      1. 55. The national Metrological Co-ordinating Unit

      2. 56. General duties of Secretary of State.

      3. 57. Power of Secretary of State to require packers and importers to furnish particulars of marks.

      4. 58. Duty of Secretary of State to prepare scheme allocating marks.

      5. 59. Supervision by Secretary of State of certain functions of inspectors.

      6. 60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      7. 61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      8. 62. Power to extend or transfer Unit’s functions and to abolish Unit.

   5. Instructions by inspectors

      1. 63. Instructions by inspectors.

   6. Miscellaneous

      1. 64. Disclosure of information.

      2. 65. Power to modify Part V.

      3. 66. Regulations under Part V.

      4. 67. Service of documents.

      5. 68. Interpretation of Part V.

7. Part VI Administration

   1. Local administration

      1. 69. Local weights and measures authorities.

      2. 70. Annual reports by local weights and measures authorities.

      3. 71. Inspection of local weights and measures arrangements.

   2. Inspectors of weights and measures

      1. 72. Appointment of inspectors.

      2. 73. Certificate of qualification to act as inspector.

      3. 74. Performance by inspectors of additional functions.

      4. 75. Offences in connection with office of inspector.

   3. Fees

      1. 76. Fees for performance of Community obligations.

      2. 77. Reduction of fees.

      3. 78. Fees received by inspectors.

8. Part VII General

   1. Enforcement and legal proceedings

      1. 79. General powers of inspection and entry.

      2. 80. Obstruction of inspectors.

      3. 81. Failure to provide assistance or information.

      4. 82. Offences by corporations.

      5. 83. Prosecution of offences.

      6. 84. Penalties.

      7. 85. Determination of certain questions by Secretary of State.

   2. Miscellaneous and supplementary

      1. 86. Regulations and orders.

      2. 87. Secretary of State to report to Parliament.

      3. 88. Application to Crown.

      4. 89. Saving for use of certain units in wholesale transactions.

      5. 90. Saving for certain rights in City of London.

      6. 91. Validity of contracts.

      7. 92. Spelling of “gram”, etc.

      8. 93. Powers under other Acts with respect to marking of food.

      9. 94. General interpretation.

      10. 95. Application to Northern Ireland.

      11. 96. Transitional provisions and savings.

      12. 97. Consequential amendments.

      13. 98. Repeals and revocations.

      14. 99. Short title and commencement.

9. SCHEDULES

   1. SCHEDULE 1

      Definitions of Units of Measurement

      1. Part I Measurement of Length

         1. Metric units

      2. Part II Measurement of Area

         1. Imperial units

         2. Metric units

      3. Part III Measurement of Volume

         1. Metric units

      4. Part IV Measurement of Capacity

         1. Imperial units

         2. Metric units

      5. Part V Measurement of Mass or Weight

         1. Imperial units

         2. Metric units

      6. PART VI Definitions of certain units which may not be used for trade except as supplementary indications

         1. Measurement of length Mile = 1760 yards. Furlong = 220...

      7. Part VII Measurement of Electricity

   2. SCHEDULE 2

      Existing United Kingdom Primary Standards andAuthorised Copies

      1. Part I Description of United Kingdom primary standard of the yard

      2. Part II Description of United Kingdom primary standard of the pound

      3. Part III Description of United Kingdom primary standard of the metre

         1. The British copy of the prototype metre, being a bar...

      4. Part IV Description of United Kingdom primary standard of the kilogram

      5. Part V Authorised copies of United Kingdom primary standards of the yard and pound

         1. Copies of the bar and cylinder described in Parts I...

   3. SCHEDULE 3

      Measures and Weights Lawful for Use for Trade

      1. Part I Linear Measures

         1. Metric system

      2. Part II Square Measures

         1. Metric system

      3. Part III Cubic Measures

         1. Metric system

      4. Part IV Capacity Measures

         1. Imperial system

            1. 1. Measures of—

            2. any multiple of 1 gallon

         2. Metric system

            1. 2.Measures of—

            2. any multiple of 10 litres

      5. Part V Weights

         1. Imperial system

            1. 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

            2. 2. Weights of— 500 ounces troy 0·4 ounce troy 400 ounces...

         2. Metric system

            1. 3. Weights of— 25 kilograms 3 grams 20 kilograms 2 grams...

            2. 4. Weights of— 500 carats (metric) 1 carat (metric) 200 carats...

   4. SCHEDULE 3A TO THE 1985 ACT

      APPROVALS UNDER SECTION 11A

      1. PART I APPROVALS: GENERAL

         1. Fees

            1. 1. Where– (a) any person makes an application for an approval,...

         2. Form, effect and conditions of approvals

            1. 2. (1) An approval shall be in writing and, unless previously...

         3. Suspension of approvals

            1. 3. (1) If it appears to an inspector that, otherwise than...

         4. Withdrawal of approvals

            1. 4. (1) Subject to sub-paragraph (2) below, the Secretary of State...

         5. Grant of new approval following withdrawal

            1. 5. (1) Where the Secretary of State decides, whether in the...

         6. Application for further approval

            1. 6. (1) This paragraph applies where, not less than three months...

      2. PART II REQUIREMENTS TO BE MET BY APPROVED VERIFIERS

         1. Maintenance of quality system

            1. 7. (1) An approved verifier shall maintain in force such systems...

         2. Preparation etc. of quality system manual

            1. 8. (1) An approved verifier shall prepare and keep up-to-date a...

         3. Keeping of records

            1. 9. An approved verifier shall keep a record of every test...

   5. SCHEDULE 4

      Sand and Other Ballast

      1. Part I General Provisions

         1. 1. In this Schedule, “ballast” means any of the following materials,...

         2. 2. Subject to paragraphs 3 and 11 below, ballast shall be...

         3. 3. There shall be exempted from the requirements of paragraph 2...

         4. 4. Without prejudice to section 15 of this Act, no article...

         5. 5. In measuring any ballast against a calibration mark on such...

      2. Part II Carriage of Ballast by Road

         1. 6. This Part of this Scehdule shall have effect with respect...

         2. 7. (1) If any of the ballast is being carried for...

         3. 8. (1) Subject to sub-paragraph (2) below, if all or any...

         4. 9. Any document required by paragraph 7 or 8 above shall...

         5. 10. In the case of any document such as is mentioned...

      3. Part III Application to Scotland

         1. 11. (1) In Scotland, paragraph 2 above and Part II of...

   6. SCHEDULE 5

      Solid Fuel

      1. Part I General

         1. Introductory

            1. 1. This Schedule applies to goods of any of the following...

         2. Sales by net weight

            1. 2. (1) Subject to sub-paragraphs (2) and (3) below, solid fuel...

         3. Quantities in containers

            1. 3. (1) Solid fuel shall be made up in a container...

         4. Indication of quantity

            1. 4. (1) This paragraph applies to solid fuel made up in...

         5. Loads on vehicles

            1. 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

         6. Information about containers . . .

            1. 6. (1) This paragraph applies where solid fuel is carried on...

         7. Exemptions

            1. 7. There shall be exempted from all the requirements of paragraphs...

         8. Vending machines

            1. 8. Solid fuel shall be sold by means of, or offered...

         9. Byelaws

            1. 9. A local weights and measures authority may make byelaws, subject...

         10. Damping of fuel

             1. 10. Any person who with intent to defraud or deceive damps...

         11. Sale of fuel from vehicles

             1. 11. (1) This paragraph applies to any vehicle which is used...

             2. 12. An order under section 22 of this act may amend...

      2. Part II Weighing of Solid Fuel at Buyer’s Request

         1. 13. If in the case of any solid fuel sold otherwise...

         2. 14. Where a request under paragraph 13 above is made in...

         3. 15. Where after any weighing in pursuance of a request under...

      3. Part III Carriage of Solid Fuel by Road

         1. 16. This Part of this Schedule shall have effect with respect...

         2. 17. (1) If the vehicle is carrying any relevant goods for...

         3. 18. (1) Subject to sub-paragraph (2) below, if all or any...

         4. 19. Any document required by paragraph 17 or 18 above shall...

      4. Part IV Carriage of Solid Fuel by Rail

         1. 20. Where any seller of solid fuel causes that fuel to...

         2. 21. Subject to paragraphs 22 and 28 below, the vehicle shall...

         3. 22. (1) Paragraph 21 above shall not apply to any rail...

         4. 23. (1) Subject to subparagraph (2) and paragraph 24 below ,...

         5. 24. (1) Paragraph 23 above shall not apply to any vehicle...

         6. 25. (1) The following provisions of this paragraph apply—

         7. 26. Where, in the case of any rail vehicle used on...

         8. 27. (1) If paragraph 21 or 23 above is contravened, the...

         9. 28. (1) Paragraph 21 above shall not apply to any rail...

   7. SCHEDULE 6

      Miscellaneous Goods other than Foods

      1. Part I Liquid Fuel and Lubricants

         1. 1. This Part of this Schedule applies to—

         2. 2. Subject to paragraph 3 below, goods to which this Part...

         3. 3. Notwithstanding anything in paragraph 2 above, liquid fuel—

      2. Part II Ready-Mixed Cement Mortar and Ready-Mixed Concrete

         1. 4. This Part of the Schedule applies to ready-mixed cement mortar...

         2. 5. (1) ) Subject to the following provisions of this Part...

         3. 6. Part II of Schedule 4 to this Act, except sub-paragraph...

         4. 7. Paragraph 5 and 6 above shall not have effect in...

      3. Part III Agricultural Liming Materials, Agricultural Salt and Inorganic Fertilisers

         1. 8. This Part of this Schedule applies— (a) to agricultural liming...

         2. 9. (1) ) Goods to which this Part of this Schedule...

         3. 10. Paragraph 4 and 5 of Schedule 4 to this Act...

      4. Part IV Wood Fuel

         1. 11. Subject to paragraphs 12 and 13 below—

         2. 12. (1) ) Paragraph 11 above shall not have effect in...

         3. 13. There shall be exempted from the requirements of paragraph 11...

         4. 14. Paragraphs 9 and 10 of Schedule 5 to this Act...

      5. Part V COSMETIC PRODUCTS

         1. 15. In this Part of this Schedule, “cosmetic product” means any...

         2. 16. (1) Subject to sub-paragraph (2) below, cosmetic products shall be...

      6. Part VI Soap

         1. 16A. In this Part of this Schedule “soap” does not include...

         2. 17. Subject to paragraph 18 below— (a) soap in the form...

         3. 18. There shall be exempted from the requirements of this Part...

      7. Part VII Miscellaneous Goods to be Sold by or Marked with Length

         1. 19. This Part of this Schedule applies to goods of any...

         2. 20. Subject to paragraph 21 below, goods to which this Part...

         3. 21. There shall be exempted from all requirements of paragraph 20...

      8. Part VIII Miscellaneous Goods to be Sold by or Marked withNet Weight

         1. 22. This Part of this Schedule applies to—

         2. 23. Subject to paragraphs 24 and 25 below, goods to which...

         3. 24. The following shall be exempted from the requirements of this...

         4. 25. Notwithstanding anything in paragraph 24 above, nails—

      9. Part IX Miscellaneous Goods to be Marked when Pre-Packed with Net Weight

         1. 26. This Part of this Schedule applies to—

         2. 27. Subject to paragraph 28 below, goods to which this Part...

         3. 28. There shall be exempted from the requirements of this Part...

      10. Part X Miscellaneous Goods to be Sold by or Marked with Capacity Measurement

          1. 29. This Part of this Schedule applies to antifreeze fluid for...

          2. 30. Subject to paragraph 31 below, goods to which this Part...

          3. 31. There shall be exempted from all requirements of this Part...

      11. Part XI Miscellaneous Goods to be Marked when Pre-Packed with Capacity Measurement

          1. 32. This Part of this Schedule applies to enamel, lacquer, liquid...

          2. 33. Subject to paragraph 34 below, goods to which this Part...

          3. 34. The following shall be exempted from the requirements of paragraph...

      12. Part XII Miscellaneous Goods to be Sold by or Marked With Net Weight of Capacity Measurement

          1. 35. This Part of this Schedule applies to—

          2. 36. Subject to paragraph 37 below, goods to which this Part...

          3. 37. The following shall be exempted from all the requirements of...

      13. Part XIII Miscellaneous Goods to be Marked When Pre-PackedWith Quantity by Number

          1. 38. This Part of this Schedule applies— (a) to cheroots, cigarettes...

          2. 39. Subject to paragraphs 40 and 41 below, goods to which...

          3. 40. In relation to postal stationery, the reference to number in...

          4. 41. There shall be exempted from the requirements of this Part...

   8. SCHEDULE 7

      Composite Goods and Collections of Articles

      1. 1. (1) This paragraph applies to any goods which, not being...

      2. 2. (1) This paragraph applies to any goods which, not being...

      3. 3. (1) This paragraph applies to aerosol products containing any goods...

      4. 4. (1) This paragraph applies to any collection of two or...

      5. 5. There shall be exempted from any requirement of paragraph 1,...

   9. SCHEDULE 8

      Powers of Inspectors and Local Weights and MeasuresAuthority Under Part V

      1. Powers of entry and inspection

         1. 1. Powers of Inspectors and Local Weights and MeasuresAuthority Under Part V

         2. 2. Powers of Inspectors and Local Weights and MeasuresAuthority Under Part V

         3. 3. Powers of Inspectors and Local Weights and MeasuresAuthority Under Part V

      2. Power of seizure

         1. 4. Powers of Inspectors and Local Weights and MeasuresAuthority Under Part V

      3. Power to require information

         1. 5. Powers of Inspectors and Local Weights and MeasuresAuthority Under Part V

      4. Purchase of goods

         1. 6. Powers of Inspectors and Local Weights and MeasuresAuthority Under Part V

      5. Failure to provide assistance or information

         1. 7. Powers of Inspectors and Local Weights and MeasuresAuthority Under Part V

   10. SCHEDULE 9

       . . .

   11. SCHEDULE 10

       Provisions Relating to Northern Ireland

       1. Part I Provisions of this Act Extending to Northern Ireland

          1. 1. The following provisions of this Act shall extend to Northern...

       2. Part II Standards in Northern Ireland

          1. 2. (1) ) The Department of Economic Development for Northern Ireland...

          2. 3. For the purposes of providing the Northern Ireland primary standards...

          3. 4. The Secretary of State shall from time to time as...

          4. 5. Any Northern Ireland primary standard maintained under this Part of...

   12. SCHEDULE 11

       Transitional Provisions and Savings

       1. General

          1. 1. In this Schedule— “the 1963 Act” means the Weights and...

          2. 2. Any reference, whether express or implied, in any enactment, instrument...

          3. 3. Any reference, whether express or implied, in any enactment, instrument...

          4. 4. Where a period of time specified in an enactment repealed...

       2. Acts passed before 31st July 1963

          1. 5. In any Act passed before 31st July 1963—

          2. 6. Any local Act passed before 31st July 1963 shall continue...

          3. 7. Where an enactment contained in any local Act passed before...

       3. Standards, etc.

          1. 8. Any standard which immediately before the commencement of this Act...

          2. 9. A certificate of fitness for use as a local standard...

       4. Stamping of equipment

          1. 10. Any equipment to which section 11 of this Act applies...

       5. Approved patterns of equipment

          1. 11. (1) Each of the following instruments, namely—

       6. Weighing equipment passed etc. before 27th April 1978

          1. 12. (1) Weighing equipment (including weights) which weighs wholly or partly...

       7. Products and equipment used etc. before 1st December 1980

          1. 13. (1) Nothing in section 8 of this Act shall prevent...

          2. 14. (1) Weighing equipment (including weights) which weighs wholly or partly...

          3. 15. Paragraphs 12(1) and 14(1) and (2) above have effect notwithstanding...

          4. 16. (1) Nothing in section 8 of this Act shall prevent...

          5. 17. (1) This paragraph applies to any pattern of weighing equipment—...

       8. Joint local weights and measures authorities in Greater London

          1. 18. (1) This paragraph applies to any agreement which—

       9. Relaxation of Ministerial controls

          1. 19. Subsection (3) of section 35 of the Local Government Act...

          2. 20. . . . . . . . . . ....

       10. Inspectors

           1. 21. (1) Any person who immediately before the commencement of section...

       11. “Gallon” and “litre”

           1. 22. Nothing in the definition of “gallon” or “litre” in Schedule...

       12. Byelaws

           1. 23. Any byelaws made by a local authority for any of...

           2. 24. Any provision contained in a byelaw made under paragraph 5...

           3. 25. In any of the following, namely— (a) any byelaw made...

           4. 26. Where any byelaw to which paragraph 25 above applies contains...

   13. SCHEDULE 12

       Consequential Amendments

       1. The Petroleum (Consolidation) Act 1928

          1. 1. In section 20(1) of the Petroleum (Consolidation) Act 1928, for...

       2. The Agriculture Act 1967

          1. 2. In section 8(3) of the Agriculture Act 1967, for paragraph...

       3. The Trade Descriptions Act 1968

          1. 3. In section 22(1) of the Trades Descriptions Act 1968—

          2. 4. (1) ) In section 32 of the Trade Descriptions Act...

       4. The Greater London Council (General Powers) Act 1972

          1. 5. n section 17(5)(b) of the Greater London Council (General Powers)...

       5. The Fair Trading Act 1973

          1. 6. . . . . . . . . . ....

       6. The Weights and Measures &c. Act 1976

          1. 7. (1) Section 12 of the Weights and Measures &c. Act...

          2. 8. In section 14 of the Weights and Measures &c. Act...

          3. 9. In Schedule 6 to the Weights and Measures &c. Act...

       7. The Weights and Measures (Northern Ireland) Order 1981

          1. 10. (1) The Weights and Measures (Northern Ireland) Order 1981 shall...

       8. The Local Government Act 1985

          1. 11. In paragraph 15 of Schedule 8 to the Local Government...

   14. SCHEDULE 13

       Repeals and Revocations

       1. Part I Repeals

       2. Part II Revocations

       3. TABLE OF DERIVATIONS

          1. (1) This Table does not take into account transfers of...