Weights and Measures (Northern Ireland) Order 1981

Co-ordination of control N.I.

Functions of the Department under Part VI N.I.

35.—(1) The Department shall—

(a) keep under review the operation of this Part and carry out such research in connection with the review as the Department considers appropriate;

(b) make available to packers and importers of packages, such information as the Department considers appropriate in connection with the operation of this Part;

(c) seek to collaborate, with any authority in a place outside Northern Ireland appearing to the Department to have functions which correspond to those of the Department, about matters which are connected with packages and are of interest to the Department and the authority;

(d) make and maintain a record of the names and addresses of packers and importers of packages and of—

(i) the kinds of packages which they make up or import, and

(ii) the marks of which particulars have been furnished by them in pursuance of paragraph (2).

(2) The Department may serve, on any person carrying on business as a packer or importer of packages, a notice requiring him—

(a) to furnish the Department with particulars of the kind specified in the notice of any marks which, otherwise than in pursuance of Article 31(5)( c) are applied, to packages made up or, as the case may be, imported by him, for the purpose of enabling the place where the packages were made up to be ascertained; and

(b) if he has furnished particulars of a mark in pursuance of the notice and the mark ceases to be applied for the purpose aforesaid to packages made up or imported by him, to give notice of the cesser to the Department;

but a notice given by the Department in pursuance of this paragraph shall not require a person to furnish information which he does not possess.

(3) A person who fails without reasonable cause to comply with a notice served on him in pursuance of paragraph (2) shall be guilty of an offence.

(4) The Department shall—

(a) prepare a scheme which—

(i) allocates, to persons carrying on business as packers or importers of packages, marks from which there can be ascertained the places where packages made up or imported by them were made up, and

(ii) specifies the kinds of packages to which each mark is to be applied;

(b) make such alterations of the scheme as the Department considers appropriate;

(c) give, to each person to whom a mark is for the time being allocated by the scheme, a notice which specifies the mark, states that it has been allocated to him in pursuance of the scheme and specifies the kinds of packages to which it is to be applied.