CLAUSE 14.—(Interpretation.) (Hansard, 13 December 1926)

Mr. HARVEY
I beg to move, in page 9, line 1, to leave out Sub-section (2), 2690 and to insert instead thereof a new Sub-section— (2) For the purposes of this Act a person shall be deemed to weigh or measure any article in the presence of the purchaser or an inspector of weights and measures, as the case may be, if the operation of weighing is carried out in the shop or room in which the purchase is made and such person does not wilfully prevent the purchaser from having a view of the appliance used for and of the operation of weighing. The only object of this Amendment is this: It is not quite possible for everyone to see the operation of weighing, and scales might have to be adjusted so that people may be able to see, thus taking up counter space, when, as a general rule, they can see all that they want to see if they take the trouble. I do not want to quote the case of the short person standing behind the long person, but, where scales are placed in a reasonable way, so that people can see if they wish, I think that that would be sufficient.

§ Sir P. CUNLIFFE-LISTER
I do not think, when my hon. Friend realises what the result of the omission of Subsection (2) and the insertion of this proposed new Sub-section would be, that he will press his Amendment. We have already provided, in Clause 4 of the Bill, that, provided articles are weighed in the presence of the purchaser, the shopkeeper shall be exempt from the express requirements of that Clause. The only ground for exempting him from the provisions of Clause 4 is that the purchaser sees what weight he is given, instead of receiving a representation; that is to say, he is put in as good a position, because he sees the article weighed, as if it is handed to him with the weight marked upon it. It was necessary to put in Sub-section (2) of Clause 14 in order that, where a shopkeeper takes advantage of this exemption, he shall have his weights and measures in a place where the buyer can see the weighing instrument and see what he is buying. That seems to me to be common sense. If, however, we were to accept this Amendment, the result would be—although I am sure it is not my hon. Friend's intention—that the shopkeeper would be able to put his weights and measures away in the darkest corner of the shop,, and the mere fact that a person was present at one end of the shop and the seller was behind the counter would 2691 enable him to get off. I am sure my hon. Friend will realise that, although it was not his intention, that, would be the result.

§ Sir P. CUNLIFFE-LISTER
I beg to move, in page 9, line 12, to leave out Sub-section (3), and to insert instead thereof a new Sub-section— (3) Any powers or duties conferred or imposed by this Act on an inspector of weights and measures may, in any case where the local authority so determine, be exercised or performed by any other officer of the local authority appointed by them to act on behalf of an inspector of weights and measures for the purposes of this Act, and all references in this Act to inspectors of weights and measures shall be construed accordingly. The object of this Amendment is, as I explained at an earlier stage of the Debate, to ensure that, where a local authority delegates the powers of an inspector to another person who is not an inspector, that person shall be properly qualified for the work. I think it is only fair that, having made an earlier provision as to the accuracy of the instruments and so on, we should also ensure that proper care is taken in selecting the men who are to make these tests.

§ The LORD ADVOCATE
I beg to move, in page 9, line 23, at the end to add a new paragraph— (b) nothing contained in Section twenty-seven of the Milk and Dairies (Scotland) Act, 1914, shall be construed as limiting or affecting the application of the provisions of the Second Schedule to this Act to proceedings in respect of pre-packed milk. In Sub-section (4) of Clause 13, it is provided that the defence which is available under the Sale of Food and Drugs Act with regard to quality, where the person charged can prove that he is dealing in a pre-packed article supplied to him under a warranty, shall be a good defence under this Bill. Under the Sale of Food and Drugs Act, that applies to milk among other things, but, for some reason which I need not go into now, by the Milk and Dairies (Scotland) Act, 1914, that defence was taken away in the case of pre-packed milk, thus differing from the law as it remained in England under the Sale of Food and Drugs Act. 2692 Under the present Bill it is intended to make this defence available, and by Subsection (4) of Clause 13 it is made available in the case of milk as well as of other articles. It is in order to put that intention beyond doubt on the matter of construction that I move this Amendment.

§ The LORD ADVOCATE
I beg to move, after the words last added, to add the words: (c) for any reference to the Director of Public Prosecutions there shall be substituted a reference to the Lord Advocate. In reference to the Amendment which has just been accepted, I have drafted the necessary Amendment to substitute the Lord Advocate for the Director of Public Prosecutions.

§ Mr. D. HERBERT
Has my right hon. and learned Friend got it in the right place or would it not be better to come in the definition Sub-section?

§ The LORD ADVOCATE
That is the very place we are putting it in.