SCHEDULES

SCHEDULE 12 Consequential Amendments

Section 97.

The Petroleum (Consolidation) Act 1928

1

In section 20(1) of the M1Petroleum (Consolidation) Act 1928, for the words “may from time to time prescribe” there shall be substituted the words “may from time to time with the approval of the Treasury determine”.

The Agriculture Act 1967

F12

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The Trade Descriptions Act 1968

F23

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F34

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The Greater London Council (General Powers) Act 1972

5

n section 17(5)(b) of the M2Greater London Council (General Powers) Act 1972, for the words “Weights and Measures Act 1963” there shall be substituted the words “Weights and Measures Act 1985”

The Fair Trading Act 1973

F46

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The Weights and Measures &c. Act 1976

7

(1)

Section 12 of the M3Weights and Measures &c. Act 1976 shall be amended as follows.

(2)

In subsection (1), for paragraph (d) there shall be substituted the following—

“(d)

section 21, 22 or 23 of the 1985 Act;”.

(3)

In subsection (9)(c), for the words “the 1963 Act” there shall be substituted the words “the 1985 Act”.

8

In section 14 of the Weights and Measures &c. Act 1976, for the definition of “the 1963 Act” there shall be substituted the following—

““the 1985 Act” means the Weights and Measures Act 1985;”.

9

In Schedule 6 to the Weights and Measures &c. Act 1976, for paragraph 5 there shall be substituted the following—

“ Weights and Measures Act 1985

5

(1)

This paragraph applies where the relevant requirement took effect under or by virtue of the 1985 Act.

(2)

The following provisions of that Act—

(a)

sections 25 to 31 (offences),

(b)

sections 32 to 37 (liability of third parties and defences),

(c)

sections 38 to 42 and 44 to 46 (powers of inspectors, etc.), and

(d)

sections 79 to 83 (further powers of inspectors and prosecution of offences),

shall apply as if the substituted requirement were imposed under Part IV of the Act.”

The Weights and Measures (Northern Ireland) Order 1981

10

(1)

The M4Weights and Measures (Northern Ireland) Order 1981 shall be amended as follows.

(2)

In Article 1(3), for the words from “and Article 54(2)” to the end there shall be substituted the words, “shall come into operation on such date or dates as may be appointed by the Secretary of State under subsection (2) of section 43 of the Act of 1985 for the coming into force of that section”.

(3)

In Article 2(2)—

(a)

for the definition of “the Act of 1963” there shall be substituted the following—

““the Act of 1985” means the Weights and Measures Act 1985;”, and

(b)

in the definition of “capacity measurement”, for the words “Act of 1963” there shall be substituted the words “Act of 1985”.

(4)

In Articles 3(3), 4(6), 10(8)

and 53(1), for the words “Act of 1963”, wherever they occur, there shall be substituted the words “Act of 1985”.

(5)

In Article 8—

(a)

in paragraph (3), for the words “Schedule 1 to the Act of 1963” there shall be substituted the words “Schedule 1 to the Act of 1985” and for the words “section 10(6) of the Act of 1963” there shall be substituted the words “section 10(3) of the Act of 1985”, and

(b)

in paragraph (5)(a), for the words “which is or on 25th October 1967 was included in Schedule 1 to the Act of 1963”, there shall be substituted the words “which is included in Schedule 1 to the Act of 1985 or was on 25th October 1967 included in Schedule 1 to the Weights and Measures Act 1963”.

(6)

In Article 12(5), for the words “section 13 of the Act of 1963” there shall be substituted the words “section 14 of the Act of 1985”.

The Local Government Act 1985

11

In paragraph 15 of Schedule 8 to the M5Local Government Act 1985—

(a)

in sub-paragraph (4), after the words “this paragraph” there shall be inserted the words “and section 69(1)(a) of the Weights and Measures Act 1985”,

(b)

in sub-paragraph (5), for the words “(1) to (3) above” there shall be substituted the words “(2) and (3) above and the said section 69(1)(a)”, and

(c)

at the end of sub-paragraph (6), there shall be inserted the words “and the said section 69(1)(a)”.