The Weights and Measures (Guernsey and Alderney) Order 1995

Statutory Instruments

1995 No. 1011

WEIGHTS AND MEASURES

The Weights and Measures (Guernsey and Alderney) Order 1995

Made

4th April 1995

Coming into force

1st June 1995

Whereas the Secretary of State is satisfied that it is proper, having regard to the law for the time being in force in Guernsey and Alderney,—

(i) to provide that any weighing or measuring equipment of the classes described in article 2 of this Order which has been duly stamped in accordance with that law or which is to be regarded as so stamped for the purposes of that law shall be treated for the purposes of the Weights and Measures Act 1985(1) as if it had been duly stamped in Great Britain under section 11 of that Act; and

(ii) to designate Guernsey and Alderney for the purposes of the provisions of that Act mentioned in article 3 of this Order:

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by sections 11(16) and 94(2) of that Act and all other powers enabling him in that behalf, hereby makes the following Order:

1.—(1) This Order may be cited as the Weights and Measures (Guernsey and Alderney) Order 1995 and shall come into force on 1st June 1995.

(2) In this Order—

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

“Guernsey” means the islands of Guernsey, Herm and Jethou.

2.  Weighing or measuring equipment of any class prescribed under section 11 of the Act shall be treated for the purposes of the Act as if it had been duly stamped in Great Britain under that section if—

(a) it has been duly stamped in accordance with the Weights and Measures (Guernsey and Alderney) Law, 1991; or

(b) it falls to be treated for the purposes of that Law as if so stamped,

provided that this article shall not apply to a non-automatic weighing instrument to which the Non-automatic Weighing Instruments (EEC Requirements) Regulations 1992(2) apply and which is first stamped on or after 1st January 2003.

3.  Guernsey and Alderney shall be designated countries for the purposes of sections 7(3), 24(2)(b) and 33(1)(d) of the Act.

Jonathan Evans

Parliamentary Under Secretary of State

Department of Trade and Industry

4th April 1995

Explanatory Note

(This note is not part of the Order)

The Weights and Measures Act 1985 (“the Act”) does not extend to the Channel Islands of Guernsey and Alderney which have their own weights and measures legislation.

This Order provides, however, that weighing or measuring equipment which would otherwise have to be stamped in accordance with the Act before it could be used for trade in Great Britain is, with the exception of certain non-automatic weighing instruments, to be treated as if it were so stamped when it has been stamped under weights and measures legislation in force in Guernsey and Alderney.

The Order also makes provision in relation to those provisions of the Act relating to the regulation of trade and weighing or measuring equipment used for trade which do not apply in relation to goods for “despatch to a destination outside Great Britain and any designated country”. It declares Guernsey and Alderney to be designated countries for the purposes of these and other provisions of the Act which refer to designated countries with the result that they apply to Guernsey and Alderney as they apply to Great Britain.

The Weights and Measures (Guernsey and Alderney) Law 1991, to which the Order refers, may be obtained from Her Majesty’s Greffier, Royal Court House, Guernsey.

(1)

1985 c. 72.

(2)

S.I. 1992/1579 as amended by S.I. 1995/428.