Local Government, Planning and Land Act 1980

Section 1(4).

SCHEDULE 4 Relaxation of Controls Over Functions Relating to Weights and Measures and Trade

Shops Act 1950 (c.28)

1 (1) In section 8(1) (closing orders) omit the words " and confirmed by the Secretary of State in manner provided by this Act ".

(2) In section 9 (procedure for making closing orders) omit—

(a) in subsection (2), the words from " and the order " to the end, and

(b) subsection (3).

(3) Omit section 10 (local inquiries for purpose of promoting and facilitating early closing).

(4) For section 11, substitute—

“11 Revocation of closing orders.

A local authority may at any time revoke a closing order either absolutely or, if it is made to appear to the satisfaction of the authority that the occupiers of a majority of any class of shop to which the order applies are opposed to the continuance of the order, so far as it affects that class of shop, but any such revocation shall be without prejudice to the making of any new closing order.”.

Weights and Measures Act 1963 (c.31)

2 In section 5(1) (working standards and testing and stamping equipment) for the words "the Board may from time to time approve or require as being " there shall be substituted the word " are ".

3 In section 5(1A), omit " with the approval of the Secretary of State ".

4 For section 5(2) substitute—

“(2) If a local weights and measures authority are of opinion—

(a) that any particular description of testing equipment is proper and sufficient for the efficient discharge of the functions of the inspectors appointed for the authority's area; but

(b) that, having regard to the expenditure involved and the frequency with which such equipment is likely to be used by those inspectors,

it would not be reasonable to provide and maintain such equipment, the authority may request the Secretary of State to provide, maintain and make such equipment available for hire to the authority.

(2A) The terms of hire of equipment under subsection (2) above shall be such as the Secretary of State may determine.”

5 In section 11(3), (fees for testing equipment), for "the prescribed fee" substitute " such reasonable fees as the local weights and measures authority may determine. "

6 Omit section 39(3), (4) and (5) (default powers)

7 In section 41(2), (notice of appointment as inspector of weights and measures or of a person ceasing to hold that office to be given to the Secretary of State) omit the words from " and notice " to the end.

8 In section 43(1), (which provides for the payment of fees where inspectors perform additional functions) for " fees in connection therewith as may be prescribed " substitute " reasonable fees as they may determine in connection with it ".

9 For section 47A substitute—

“47A Fees for performance of community obligations.

A local weights and measures authority may charge such reasonable fees as they may determine for services or facilities provided by them or by the inspectors, appointed for their area, or for authorisations, certificates or other documents issued by the authority or by such inspectors, in pursuance of a Community obligation.”.

Trade Descriptions Act 1968 (c. 29)Consumer Credit Act 1974 (c. 39)Estate Agents Act 1979 (c. 38)

10 The following provisions (all of which confer default powers), namely—

(a) in the Trade Descriptions Act 1968, section 26(3) and (4);

(b) in the Consumer Credit Act 1974, section 161(4), (5) and (6) ; and

(c) in the Estate Agents Act 1979, section 26(5), (6), (7) and (8),

shall cease to have effect.

Weights and Measures Act 1979 (c. 45)

11 (1) In section 1(8)(a) of the Weights and Measures Act 1979 (regulations) the words from " and for the payment" to the end shall cease to have effect

(2) The following subsection shall be added after the said section 1(8): —

“(9) Where regulations made by virtue of subsection (8)(a) of this section provide for inspection, testing and certification of equipment, a local weights and measures authority may charge such reasonable fees as they may determine for the inspection, testing and certification of the equipment.”.

12 In section 4 of that Act, in subsection (3) (application of administrative provisions of Weights and Measures Act 1963)—

(a) substitute " references " for " reference ", in the first place where it occurs ; and

(b) omit—

(i) the words from " to the investigation of a complaint " to " are not being properly discharged " ;

(ii) the words " in sections 38(1)" ; and

(iii) the words " 39(3) the references ".