China - Economic structure in international perspective
At the end of section 1 of the Weights and Measures Act 1963 ("the 1963 Act") there is inserted the following subsection—
After Part V of the said Schedule 1 there is inserted the following Part—
The amendments of the said Schedule 1 made by this section are without prejudice to the power to amend that Schedule in subsection (1) of this section.
Nothing in the 1963 Act, or in any other provision contained in or made under an enactment, prevents the use of " gram " as an alternative way of spelling " gramme ", and the same applies for other units in the metric system which are compounds of " gramme ".
In the 1963 Act after section 9 there are inserted the following sections—
In the 1963 Act—
after Schedule 1 there are inserted, as Schedule 1A, the provisions set out in Schedule 1 to this Act, and
for Schedule 3 (measures and weights lawful for use for trade) there are substituted the provisions set out in Schedule 2 to this Act.
In the 1963 Act—
in section 10(7) (application to drugs) for the words " Subsection (1)(a) of this section " there are substituted the words " Section 9A(1)(a) ",
in section 52(1) (punishment for offences) for the words "sections 10(5)" there are substituted the words " sections 9A(2), 9B, 10(5) ",
in the said section 52(1) for the words ' £20' there are substituted the words ' £50', and the amendment of that subsection in Schedule 3 to the Criminal Justice Act 1967 (which is superseded by this paragraph) shall cease to have effect,
in section 54(2) (Parliamentary control of orders and consultation as respects proposed orders) for the words " sections 10(9), 10(10) " there are substituted the words " sections 1, 9A ".
In the said section 54 of the 1963 Act after subsection (2) there is inserted the following subsection—
In regulation 5(1) of the Measuring Instruments (EEC Requirements) Regulations 1975 for the words "Section 10(1)(b)" there are substituted the words " Section 9A(1)(b) ".
Before making any regulations under section 9B of the 1963 Act (as amended by this Act) the Secretary of State shall consult with such persons as appear to him to be representative of interests substantially affected by the regulations.
The powers to prescribe the quantities in which goods may be made up, sold, or made for sale, which are conferred by section 21 of the 1963 Act shall not be exercised so as to make unlawful any sale of goods to which this section applies.
This section applies to a sale—
which is of goods which are pre-packed, sold, or made for sale in any quantity specified by the enactments and orders in Schedule 3 to this Act (quantities expressed in the imperial system), and
which is made at any time before 21st April 1978.
In section 14(1) of the 1963 Act for paragraph (c) (circumstances in which stamps may be obliterated or defaced) there are substituted the following paragraphs—
In subsection (2) of section 21 of the 1963 Act (orders for the purpose of ensuring that goods are only sold or packed for sale in quantities expressed in a manner specified in the orders or in containers marked with information so specified) after paragraph (b) there is inserted the following paragraph—.
After subsection (3) of that section there is inserted the following subsection—
In subsection (4)(a) of that section (regulations about the manner in which a container is to be marked with information as to the quantity of the goods in it) for the words from " information " to the end of the paragraph there are substituted the words " information (including in particular information as to quantity or capacity) is to be so marked " , and in subsection (4)(d) of that section the words " as to quantity" shall be omitted.
In section 22(2) of the 1963 Act (contravention of a requirement that goods are to be made up for sale or delivery after sale only if the container is marked with particular information) after the word " information " there are inserted the words " or only in or on a container of a particular description ", and after the words " so marked " there are inserted the words " or a container of that description. ".
At the end of section 26 of the 1963 Act (additional defences for traders) there is added the following subsection—
the powers of an inspector under section 48 of this Act shall include power to require that person either to do in the presence of the inspector, or to permit the inspector to do, all or any of the following things, that is to say— and, in the case of any of the goods which are not already sold, power to require that person to sell any of them to the inspector.
In subsection (2) of the said section 29 for the words (at the beginning of the subsection) " Where the container of any pre-packed goods" there are substituted the words " Where any container of goods " .
In subsection (3) of the said section 29 for the words " or (c) " there are substituted the words " '(c) or (d) ".
Schedule 4 to this Act shall have effect.
The following section is inserted at the end of Part V of the 1963 Act—.
In the Weights and Measures Act (Northern Ireland) 1967 (" the 1967 Act ")— and references in the said section 9A to Schedules 1A and 3 are adapted accordingly.
the sections 9A and 9B in section 2(1) of this Act are inserted after section 3 (as sections 3A and 3B),
Schedule 1 to this Act is inserted before Schedule 1 (as Schedule 1A),
Schedule 2 to this Act is substituted for Schedule 1 (and numbered Schedule 1),
In the said section 9A as so inserted—
references to the Secretary of State are replaced by references to the Department of Commerce for Northern Ireland,
subsection (6) is omitted and the remaining subsections are renumbered,
in subsection (7) for the references to sections 9B, 60 and 62(1) of the 1963 Act there are substituted references to sections 3B, 4(4) and 43 of the 1967 Act.
In the said section 9B as so inserted references to the Secretary of State are replaced by references to the Department of Commerce for Northern Ireland.
In section 4 of the 1967 Act—
in subsection (4) for the words " subsection (1)" there are substituted the words " section 3A " :
in subsection (8) for the words " Subsection (1)(a)" there are substituted the words " Section 3A(1)(a) ".
In section 34(1) of the 1967 Act (punishment for offences)—
for the words " sections 4(6)" there are substituted the words " sections 3A(2), 3B, 4(6) " , and
for the words " twenty pounds " there are substituted the words " fifty pounds " , and the amendment of that subsection in Part I of the Schedule to the Increase of Fines Act (Northern Ireland) 1967 (which is superseded by this paragraph) shall cease to have effect.
In section 35(2) of the 1967 Act (control of orders and consultation as respects proposed orders) for the words " sections 4(11) " there are substituted the words " sections 3A " , and after that subsection there is inserted the subsection (2A) in section 2(4) of this Act (as subsection (2A) of the said section 35), the references in the said subsection (2A) to section 9A(3) of the 1963 Act and the Secretary of State being replaced by references to sections 3A(3) of the 1967 Act and the Department of Commerce for Northern Ireland.
In regulation 5(1) of the Measuring Instruments (EEC Requirements) Regulations 1975 for the words " section 4(1)(b) " there are substituted the words " section 3A(1)(b) ".
In section 8(1) of the 1967 Act the paragraphs set out in section 5 of this Act are substituted for paragraph (c), with the substitution for the words " section 11(2) of this Act " of the words " section 5(2) ".
Sections 6 and 7 of this Act have effect in Northern Ireland as if for references to sections 21, 22, 26, 29 and 48 of the 1963 Act there were substituted respectively references to sections 15, 16, 20, 23 and 28 of the 1967 Act.
In this Act any reference to an enactment includes an enactment contained in an Act of the Parliament of Northern Ireland or a Measure of the Northern Ireland Assembly.
Schedule 5 to this Act shall have effect.
section 16 of the Food Safety Act 1990 (“the 1990 Act”);
This section applies to food or other goods in relation to which requirements are imposed under or by virtue of—
section 4 or 7 of the Food and Drugs (Scotland) Act 1956 (the " 1956 Act"); or
(c) Article 6 or 9 of the Food (Northern Ireland) Order 1989 (the “1989 Order”); or
section 4 or 7 of the Food Act 1984 (the “1984 Act”) ; or
section 4 or 7 of the Food and Drugs (Scotland) Act 1956 (the “1956 Act”); or
section 4 or 7 of the Food and Drugs Act (Northern Ireland) 1958 (the " 1958 Act"); or
section 21, 22 or 23 of the 1985 Act;
Article 19 of the 1981 Order.
Where it appears to the appropriate Minister that— he may by order exclude or modify the relevant requirement in its operation in relation to the food or goods in question for a period specified in the order.
any food or other goods to which this section applies are or are likely to be, for a limited period of time, in short supply or unavailable in any area; and
the alleviation of that situation is or is likely to be seriously hindered by a relevant requirement,
The said period shall not exceed one year, but may be extended on one or more occasions by a subsequent order under this section for a further period not exceeding one year.
An order under this section may attach conditions to the exclusion or modification of the relevant requirement, and may, while it is excluded or modified—
impose, as respects the food or goods, any requirement which could be imposed under the section under or by virtue of which the relevant requirement is imposed, or
exclude, as respects the food or goods, any exception or exemption from a requirement imposed by or under the said section.
An order under this section—
may impose on persons offending against the order penalties not exceeding the maximum penalties specified in the Acts or Ordersmentioned in subsection (1) above, or in instruments made under those Acts or those orders, in relation to the relevant requirement,
may be limited to an area which is only part of the territory to which the relevant requirement extends,
may, where so limited, make special provision for goods which are dealt with partly within the area and partly outside,
may make different provision in relation to different cases or classes of cases, and may exclude specified cases or classes of cases,
may contain such incidental or supplemental provisions as appear to the appropriate Minister to be expedient for the purposes of the order.
Without prejudice to the generality of subsection (5) above an order under this section may contain transitional provisions by reference to the beginning or end of the period for which the relevant requirement is excluded or modified.
An order under this section may make provision for any of the purposes mentioned in subsections (4), (5) and (6) above by means of amending, or of applying with or without modifications, or of excluding the application in whole or in part of, any provision of the Act or Orderunder or by virtue of which the relevant requirement is imposed and, except as provided by an order under this section, Schedule 6 to this Act shall have effect where a requirement is imposed under subsection (4) above.
In this section “requirement” includes any condition or prohibition.
In this section, “appropriate Minister” in relation to any relevant requirement, means—
Where it was imposed under the 1990 Act—
the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly in so far as it was imposed in relation to England and Wales; and
the Secretary of State in so far as it was imposed in relation to Scotland;
where it was imposed under the 1989 Order , the Department of Health and Social Services for Northern Ireland;
where it was imposed under . . . the 1985 Act, the Secretary of State;
where it was imposed under the 1981 Order, the Department of Commerce for Northern Ireland.
Before the appropriate Minister makes an order under section 12 of this Act he shall consult, to the extent that it appears to him to be appropriate having regard to the subject matter of the order and the urgency of the matter, with such persons as appear to him to be representative of interests substantially affected by the order.
An order made under section 12 of this Act may be varied or revoked by a subsequent order so made.
An order under section 12 of this Act shall not extend to any area to which the relevant requirement did not extend.
An order under section 12 of this Act, except an order which extends to Northern Ireland only, shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The power under section 12 of this Act to make an order which extends to Northern Ireland only shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979, and any such ordershall be subject to negative resolution as defined by section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if it were a statutory instrument within the meaning of that Act.
In this section— “appropriate Minister”, “requirement”, and “relevant requirement”, have the same meanings as in section 12 of this Act.
" appropriate Minister ",
" requirement", and
" relevant requirement ", have the same meanings as in section 12 of this Act.
Where it appears to the appropriate Minister that— he may by order exclude or modify the relevant requirement in its operation in relation to the food or goods in question for a period specified in the order.
any food or other goods to which this section applies are or are likely to be, for a limited period of time, in short supply or unavailable in any area; and
the alleviation of that situation is or is likely to be seriously hindered by a relevant requirement,
The said period shall not exceed one year, but may be extended on one or more occasions by a subsequent order under this section for a further period not exceeding one year.
An order under this section may attach conditions to the exclusion or modification of the relevant requirement, and may, while it is excluded or modified—
impose, as respects the food or goods, any requirement which could be imposed under the section under or by virtue of which the relevant requirement is imposed, or
exclude, as respects the food or goods, any exception or exemption from a requirement imposed by or under the said section.
An order under this section—
may impose on persons offending against the order penalties not exceeding the maximum penalties specified in the Acts or Ordersmentioned in subsection (1) above, or in instruments made under those Acts or those orders, in relation to the relevant requirement,
may be limited to an area which is only part of the territory to which the relevant requirement extends,
may, where so limited, make special provision for goods which are dealt with partly within the area and partly outside,
may make different provision in relation to different cases or classes of cases, and may exclude specified cases or classes of cases,
may contain such incidental or supplemental provisions as appear to the appropriate Minister to be expedient for the purposes of the order.
Without prejudice to the generality of subsection (5) above an order under this section may contain transitional provisions by reference to the beginning or end of the period for which the relevant requirement is excluded or modified.
An order under this section may make provision for any of the purposes mentioned in subsections (4), (5) and (6) above by means of amending, or of applying with or without modifications, or of excluding the application in whole or in part of, any provision of the Act or Orderunder or by virtue of which the relevant requirement is imposed and, except as provided by an order under this section, Schedule 6 to this Act shall have effect where a requirement is imposed under subsection (4) above.
In this section “requirement” includes any condition or prohibition.
In this section, “appropriate Minister” in relation to any relevant requirement, means—
where it was imposed under the 1984 Act, the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly;
where it was imposed under the 1991 Order, the Department of Health and Social Services for Northern Ireland;
where it was imposed under the 1956 Act or the 1963 Act, the Secretary of State;
where it was imposed under the 1981 Order, the Department of Commerce for Northern Ireland.
In this Act—
“the 1981 Order”means the Weights and Measures (Northern Ireland) Order 1981
“the 1963 Act” means the Weights and Measures Act 1963;
( c) Article 15 of the Food Safety (Northern Ireland) Order 1991 (the “1991 Order”); or
section 21 of the 1963 Act; or
Article 19 of the 1981 Order.
“the 1985 Act means the Weights and Measures Act 1985;”
This Act may be cited as the Weights and Measures &c. Act 1976.
This Act, except Schedules 4 and 5, shall come into operation on the expiration of the period of one month beginning with the date on which it is passed.
This Act, except sections 4, 8 and 9 and Schedules 3 and 4, extends to Northern Ireland.
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Section 2(2).
Section 4.
The following provisions in Schedule 4 to the Act of 1963 so far as they permit the use of quantities expressed in the imperial system— paragraph 3 of Part IV (bread), paragraph 3(a) of Part V (milk), paragraphs 2 and 3(a) of Part VI (intoxicating liquor), paragraph 2(b) of Part VII (potatoes), paragraph 3(a) of Part VIII (miscellaneous), paragraph 3(a) of Part IX (miscellaneous). In this paragraph references to provisions of Schedule 4 to the 1963 Act are to those provisions as amended by any order made under section 21 of the Act of 1963 before the passing of this Act
The following orders so far as they specify quantities in the imperial system— The Weights and Measures Act 1963 (Pasta) Order 1973 S.I. 1973/1967 The Weights and Measures Act 1963 (Salt) Order 1973 S.I. 1973/1968 The Weights and Measures Act 1963 (Sugar) Order 1974 S.I. 1974/1166 The Weights and Measures Act 1963 (Cereal Breakfast Foods and Oat Products) Order 1975 S.I. 1975/1177 The Weights and Measures Act 1963 (Flour and Flour Products) Order 1975 S.I. 1975/1178 The Weights and Measures Act 1963 (Dried Vegetables) Order 1975 S.I. 1975/1179 The Weights and Measures Act 1963 (Biscuits and Shortbread) Order 1976 S.I. 1976/111 The Weights and Measures Act 1963 (Edible Fats) Order 1976 S.I. 1976/430 The Weights and Measures Act 1963 (Dried Fruits) Order 1976 S.I. 1976/431 The Weights and Measures Act 1963 (Tea) Order 1976 S.I. 1976/1294 The Weights and Measures Act 1963 (Bread) Order 1976. S.I. 1976/1297
Section 8.
For paragraph 3 of Schedule 6 to the Act of 1963 there are substituted the following paragraphs—
At the end of Part I of Schedule 6 to the Act of 1963 there are inserted the following paragraphs—
In section 54(2) of the Act of 1963 (consultation on orders) for the words " paragraph 2(3) of Schedule 6 " substitute the words " paragraphs 2(3) and 6A of Schedule 6 ". In section 54(3) of the Act of 1963 (orders subject to affirmative procedure) after paragraph (c) there is inserted the following paragraph—.
This Schedule shall come into force on such date as the Secretary of State may by order contained in a statutory instrument appoint, and different dates may be appointed for different provisions or different purposes.
Section 11.
In Schedule 4 to the 1967 Act—
leave out paragraph 2(2)(a);
in paragraph 3(1) leave out from " and except" to " twenty-four pounds" ;
in paragraph 3(1)(a) after " quarter hundredweight ", insert " or 10 kilogrammes, 15 kilogrammes, 25 kilogrammes, 50 kilogrammes or 62.5 kilogrammes " ;
in paragraph 3(1)(b) after " paragraph 5 or ", insert " of an order under paragraph 6A(2)(a) or the provisions of ";
in paragraph 3(2) after " quarter hundredweight", insert " or 25 kilogrammes, or 50 kilogrammes, or 62.5 kilogrammes ";
in paragraph 5(1) after " less ", insert " or 200 kilogrammes or less ";
in paragraph 5(2) at the end add " and the name and address of the seller ";
in paragraph 7 leave out from " except" to " twenty-four pounds";
in paragraph 9(c) after " paragraph 5(2)", insert " or an indication of quantities so displayed in accordance with an order under paragraph 6A(2)(a) ".
At the end of Part I of Schedule 4 to the 1967 Act insert the following paragraphs: —.
In section 35(2) of the 1967 Act (consultation on orders) for the words " and 43(1)" substitute the words " 43(1) and paragraph 6A of Schedule 4 ".
This Schedule shall come into force on such date as the Department of Commerce for Northern Ireland may by order appoint and different dates may be appointed for different provisions or different purposes. An order under sub-paragraph (1) above shall be made by statutory rule for the purposes of the Statutory Rules Act (Northern Ireland) 1958.
Section 12.
Where— the Act or Orderunder or by virtue of which the relevant requirement took effect shall, to the extent provided in this Schedule, apply to the substituted requirement.
a relevant requirement as defined in section 12(1) of this Act is excluded or modified by an order under that section, and
a requirement (the “substituted requirement”) is imposed under subsection (4)(a) of that section,
This paragraph applies where the relevant requirement took effect under or by virtue of the Food Safety Act 1990. The following provisions of that Act—
This paragraph applies where the relevant requirement took effect under or by virtue of the Food Act 1984.
The following provisions of that Act— shall apply as if the substituted requirement were imposed by regulations under section 4 or 7 of the Act.
Part VI (administration, enforcement and legal proceedings), and
sections 109, 111, 112, 113(1)–(4), sections 114 to 117, sections 122 to 125, sections 127 to 130, section 132(2) and Schedule 9 paragraph 3(1) and (2)(default powers and other supplemental provisions),
This paragraph applies where the relevant requirement took effect under or by virtue of the Food and Drugs (Scotland) Act 1956. The following provisions of that Act— shall apply as if the substituted requirement were imposed by regulations under section 4 or 7 of the Act.
This paragraph applies where the relevant requirement took effect under or by virtue of the Food Safety (Northern Ireland) Order 1991. The following provisions of that Order— shall apply as if the substituted requirement were imposed by regulations under Article 15 of that Order.
This paragraph applies where the relevant requirement took effect under or by virtue of the 1985 Act. The following provisions of that Act— shall apply as if the substituted requirement were imposed under Part IV of the Act.
This paragraph applies where the relevant requirement took effect under or by virtue of the Weights and Measures (Northern Ireland) Order 1981. The following provisions of that Order— shall apply as if the substituted requirement were imposed under Part V of the Order.
The provisions applied by this Schedule shall have effect subject to any necessary adaptations and modifications. The provisions in this Schedule have effect subject to the provisions of any order under section 12 of this Act.
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