Trade Descriptions Act 1968

22 Restrictions on institution of proceedings and admission of evidence. U.K.

(1) Where any act or omission constitutes both an offence under this Act and an offence under any provision contained in or having effect by virtue of Part IV of the [F1 Weights and Measures Act 1985] or [F2 Part V of the Weights and Measures(Northern Ireland) Order 1981]—

(a) proceedings for the offence shall not be instituted under this Act, except by virtue of section 23 thereof, without the service of such a notice as is required by [F3 subsection (3) of section 83 of the said Act of 1985] or, as the case may be, [F4 paragraph (3) of Article 46 of the said Order of 1981], nor after the expiration of the period mentioned in paragraph (c) of that subsection; and

(b) [F5 sections 35, 36 and 37(1) and (2) of the said Act of 1985] or, as the case may be, [F6 of Article 24 of the said Order of 1981], shall, with the necessary modifications, apply as if the offence under this Act were an offence under Part IV of that Act [F6 or as the case may be, Part V of that Order] or any instrument made thereunder.

(2) Where any act or omission constitutes both an offence under this Act and an offence under the food and drugs laws, evidence on behalf of the prosecution concerning any sample procured for analysis shall not be admissible in proceedings for the offence under this Act unless the relevant provisions of those laws have been complied with . . . F7 .

[F8 (2A) In subsection (2) of this section—

“the food and drugs laws” means the Food Safety Act 1990, the M1 Medicines Act 1968 and the [F9 Food Safety (Northern Ireland) Order 1991] and any instrument made thereunder;

“the relevant provisions” means—

(i) in relation to the said Act of 1990, section 31 and regulations made thereunder;

(ii) in relation to the said Act of 1968, so much of Schedule 3 to that Act as is applicable to the circumstances in which the sample was procured; and

(iii) in relation to the said Order, [F10 Article 31 and regulations made thereunder]

or any provisions replacing any of those provisions by virtue of section 17 of the said Act of 1990, paragraph 27 of Schedule 3 to the said Act of 1968 or [F10 Article 16].]

(3) The Board of Trade may by order provide that in proceedings for an offence under this Act in relation to such goods as may be specified in the order (other than proceedings for an offence falling within the preceding provisions of this section) evidence on behalf of the prosecution concerning any sample procured for analysis shall not be admissible unless the sample has been dealt with in such manner as may be specified in the order.

Textual Amendments

F1 Words substituted (E.W.S.) by Weights and Measures Act 1985 (c. 72, SIF 131), ss. 96(1), 97, Sch. 11 para. 21(2), Sch. 12 para. 3(a)

F2 Words substituted by S.I. 1981/231 (N.I. 10), Sch. 10 para. 2(a)

F3 In sub-para. (a) for “subsection (2) of section 51 of the said Act of 1963” there is substituted (E.W.S.) “subsection (3) of section 83 of the said Act of 1985” by Weights and Measures Act 1985 (c. 72, SIF 131), ss. 96(1), 97, Sch. 11 para. 21(2), Sch. 12 para. 3(b)

F4 In para. (a) for “subsection (2) of section 33 of the said Act of 1967” there is substituted “paragraph (3) of Article 46 of the said Order of 1981” and after “that subsection” there is inserted “or, as the case may be, that paragraph” by S.I. 1981/231 (N.I. 10), Sch. 10 para. 2(b)

F5 In sub-para. (b) for “subsections (2), (3) and (5) to (7) of section 26 of the said Act of 1963” there is substituted (E.W.S.) “sections 35, 36 and 37(1) and (2) of the said Act of 1985” by Weights and Measures Act 1985 (c. 72, SIF 131), ss. 96(1), 97, Sch. 11 para. 21(2), Sch. 12 para. 3(c)

F6 In para. (b) for “of section 20 of the said Act of 1967” there is substituted “of Article 24 of the said Order of 1981” and after “that Act” there is inserted “or as the case may be, Part V of that Order.” by S.I. 1981/231 (N.I. 10), Sch. 10 para. 2(c)

F7 Para. beginning “In this subsection” repealed by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1)(4), Sch. 3 para. 7, Sch. 5 and also expressed to be repealed (N.I.) (21.5.1991) by S.I. 1991/762 (N.I. 7), art. 51(4), Sch.4; S.R. 1991/175, art. 2(1).

F8 S. 22(2A) inserted by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1), Sch. 3 para. 7

F9 Words in definition "the food and drugs laws" in s. 22(2A) substituted (N.I.) (21.5.1991) by S.I. 1991/762 (N.I. 7), art. 51(1), Sch.2 para. 9(a); S.R. 1991/175, art. 2(1).

F10 Words in definition "the relevant provisions" in s. 22(2A) substituted (N.I.) (21.5.1991) by S.I. 1991/762 (N.I. 7), arts. 1(2), 51(1), Sch. 2 para. 9(b); S.R. 1991/175, art. 2(1).

Marginal Citations

M1 1968 c. 67 (84)