The Price Marking Order 1991

Articles 12 to 16

SCHEDULE 2 MOTOR FUEL

PART I PROVISIONS APPLICABLE TO ANY INDICATION OF PRICE OF MOTOR FUEL

1.  In any indication of price—

(a) figures representing whole numbers of the price shall be of the same size, and figures others than fractions in any other information required by this Order to be included in the indication shall not be larger than the figures representing whole numbers;

(b) the overall height of any vulgar fraction shall be the same as that of the figures representing whole numbers;

(c) by reference to the gallon, the figures after the decimal marker of any decimal fraction shall be not less than one half of the height of the figures before the decimal marker;

(d) by reference to the litre, the figures after the decimal marker of any decimal fraction shall be of the same height as the figures before the decimal marker;

(e) vulgar fractions and decimal fractions shall be in the same horizontal line as, and shall be given in characters of the same style, boldness and colour as, the whole numbers and shall be given on a ground of the same colour as that on which the whole numbers are given;

(f) no symbol may be used to indicate the litre other than the symbol “L”.

2.  Every indication of, and statement relating to, the price shall be in respect of the price which is applicable to the sale of the motor fuel at the time it is sold, and where that price differs according to the time it is sold every indication or statement that is required under articles 13, 14 or 16 above shall be varied so as to reflect the appropriate price at that time.

3.  An indicated price shall include taxes and duties.

4.  An indication of price shall show the grade or type of motor fuel to which it relates.

PART II PROVISIONS APPLICABLE TO INDICATION OF PRICE OF MOTOR FUEL ON PUMPS ON ANY PREMISES

5.—(1) An indication of price required by article 13 shall be marked on each pump, and—

(a) where the pump delivers one grade or type of motor fuel, shall be of the price of that grade or type; and

(b) where the pump delivers more than one grade or type of motor fuel, shall be of the price of each grade or type of motor fuel.

(2) An indication referred to in sub-paragraph (1) above shall identify the grade or type of motor fuel to which the price relates and shall include a statement of the unit of measurement by reference to which quantities are delivered from the pump.

(3) Where a person charges a different price in different circumstances (whether it be according to the method by which payment is made, or for part only of a gallon or of a litre, for a quantity below a minimum quantity calculated by reference to volume or value, or in some other circumstances not being for sales at different times), the indication to be marked on the pump under sub-paragraph (1) above shall include a statement of—

(a) any method of payment (being a method of payment accepted by the person giving the indication) to which, and any other applicable circumstance in which, the price he has indicated does not apply, and

(b) either—

(i) the price payable under each method of payment and other applicable circumstance mentioned in (a) above, or

(ii) the difference between the price payable under each such method of payment and in other applicable circumstance, and the price that person has marked on the pump pursuant to paragraph (1) above expressed (as the case may require) as an addition to, or a deduction from, that price in terms of a percentage thereof or an amount of money.

(4) Where a person supplies the same grade or type of motor fuel from more than one pump and—

(a) the consideration given for the price relating to the motor fuel supplied from one or more, but not all, of those pumps includes some additional benefit to the purchaser (otherwise than in relation to the time or manner of payment of the price), and

(b) the price for the sale of motor fuel from a pump to which that additional benefit relates is higher than the price for sale from a pump to which it does not relate,

an indication referred to in sub-paragraph (1) above marked on each pump to which the additional benefit relates shall include a statement that the price includes that additional benefit and that the price is higher than the price for sale from any pump to which that additional benefit does not relate.

6.  An indication of price referred to in paragraph 5(1) above shall be—

(a) clear and legible; and

(b) in a prominent position and at all times readily discernible and easily read by an intending purchaser at any place where he would under normal conditions of purchase select the grade or type or amount of the motor fuel.

7.  An indication of a price and of the equivalent price per gallon, and a chart displayed, as mentioned in article 15(1) and (2) and the information referred to in paragraph 5(2) to (4) above shall be—

(a) clear and legible;

(b) marked separately from the price required to be marked under paragraph 5(1) above;

(c) marked on each pump to which it relates or, to the extent that there is insufficient space on the pump, be grouped together and given on a notice which is in close proximity to, and which clearly relates to, the pump; and

(d) in a prominent position and at all time readily discernible and easily read by an intending purchaser at any part of the premises where he would take delivery from the pump.

PART III PROVISIONS APPLICABLE TO INDICATION OF PRICE OF MOTOR FUEL ON PRICE DISPLAY PREMISES

8.—(1) Where on price display premises 4 star petrol is or may be for retail sale, the indication of price required by article 14 shall be in respect of 4 star petrol.

(2) Where on price display premises no 4 star petrol is or may be for retail sale, the indication of price under article 14 may be in respect of any other grade or type of motor fuel.

(3) In this Part of this Schedule, “4 star petrol” means motor fuel designated as 4 star petrol in the British Standard Specification for Leaded petrol (gasoline) for motor vehicles BS 4040: 1988 published by the British Standards Institution on 31st May 1988.

9.—(1) An indication of price given under article 14 in relation to a grade or type of motor fuel shall include a statement of the unit of measurement to which the indication relates.

(2) Where a price indicated under article 14 is dependent on the fulfilment of some condition (whether it be the purchase of whole gallons or litres of motor fuel or of a minimum quantity calculated by reference to volume or value, the method of payment, or some other condition not being for sales at different times), the indication of price shall include the nature of the condition in question; where the condition is the method of payment only one specified method of payment applicable to the price indicated need be included.

10.  The unit of measurement to which the indication of price given under article 14 relates shall be the unit by reference to which quantities of motor fuel are delivered from pumps on the price display premises, and where that motor fuel is delivered—

(a) by reference to the litre, the indication of price given under article 14 may include the equivalent price per gallon of the grade or type indicated under that article;

(b) by reference to the gallon, the indication of price given under article 14 may include the equivalent price of the grade or type of motor fuel that is indicated pursuant to article 14 by reference to the litre:

Provided that where all or any of the pumps on the premises measuring in gallons are being adapted to measure in litres, during the period referred to in article 15(3) the price given under article 14—

(i) shall be indicated by reference to the litre, and

(ii) may include the equivalent price per gallon.

11.  Any indication of price or other information referred to in paragraph 9 above shall be displayed on the premises in such manner that it is—

(a) clear and legible; and

(b) in a prominent position and at all times readily discernible and easily read by a person in a motor vehicle on the highway from whichever direction he may lawfully approach and enter the price display premises.

12.  Any information referred to in paragraph 9(2) above shall be given in characters none of which is less than 80mm in height.

13.  All the information referred to in paragraph 9(2) above to be given in respect of a grade or type of motor fuel shall be grouped together and given in such manner that it is clear that it relates to that grade or type and to no other, except that, where it applies to more than one grade or type, it need only be given once in relation to all the grades or types to which it is relevant if it is given in such manner that it is clear that it relates to all those grades or types and to no other.

14.—(1) Any indication of price or other information referred to in paragraph 9 above, other than that to which sub-paragraph (2) below applies, shall be displayed separately from information not required to be given by this Part of this Schedule.

(2) When any such indication of price as is required by paragraph 8 above to be given in respect of a grade or type of motor fuel is given in respect of any other grades or types of motor fuel, the provisions of articles 13 to 16 and this Schedule shall apply to the indication of price in respect of those other grades or types of motor fuel as if the indication were given under article 14.

15.  Any information referred to in paragraph 9(2) above other than the information repeated on the pump or on a notice in close proximity thereto shall be displayed at least as prominently as any other information designed to promote the sale of motor fuel, except the brand name.