PART 1UK market access: goods
Supplementary
I115Interpretation of references to “sale” in Part 1
1
This section explains the meaning in this Part of references to the sale of goods (however expressed).
2
“Sale” does not include a sale which—
a
is not made in the course of a business, or
b
is made in the course of a business but only for the purpose of performing a function of a public nature.
3
Subsection (2)(b) does not exclude a sale which is—
a
made by a public body or authority for commercial purposes, and
b
not made for the purpose of performing a function of a public nature (other than a function relating to the carrying on of commercial activities).
4
“Sale” includes—
a
agreement to sell,
b
offering or exposing for sale, or
c
having in possession or holding for sale.
5
This Part applies in relation to a supply of goods other than a sale as it applies in relation to a sale (and any reference to “sale”, outside this subsection, is to be read accordingly).
6
For this purpose “supply of goods” means the transfer of possession or property in goods (whether or not under or by virtue of a contract), and includes, for example, supply by way of—
a
barter or exchange,
b
the leasing or hiring out of goods, hire-purchase, or bailment of goods, or
c
gift (or anything else done free of charge).