§ [The references are to Bill (No. 147).]
§ Clause 4, Page 2, leave out lines 4 to 9, and insert ("except that, in the case of articles specified in Part II and Part III of that Schedule, where the article is weighed 1692 for sale in a wrapper or container the weight puported to be sold may include the weight of the wrapper or container if the weight of the wrapper or container does not exceed—
- (a) in the case of an article specified in Part II of the Schedule, two-and-a-half drams; and
- (b) in the case of an article specified in Part III of the Schedule for parcel not exceeding three pounds in weight, four-and-a-half drams, for a parcel exceeding three pounds but not exceeding seven pounds in weight, three-and-a-half drams, and for a parcel exceeding seven pounds in weight, three drams,
§ Clause 4, page 2, line 14, leave out from the first ("ounces") to ("and") in line 18, and insert ("or in multiples of two ounces up to a limit of eight ounces, in multiples of a quarter of a pound up to a limit of two pounds, in multiples of half a pound up to a limit of four pounds, or in multiples of one pound").
§ Clause 4, page 2, line 21, leave out from ("the") to the end of line 24 and insert ("minimum net weight of the article contained therein, or, in any case where the weight of the wrapper or container is permitted by the preceding subsection to be included in the weight purported to be sold, of the minimum weight of the article with its wrapper or container").
§
Clause 4, page 2, line 31, at end insert as a new subsection:
("(3) Any such statement as aforesaid shall not be deemed to be untrue if it is shown that it was true at the time of packing or of importation, whichever was the later, and the original wrapper or container has remained intact.")
§ Clause 4, page 2, line 32, leave out ("by retail").
§ Clause 4, page 2, line 41, leave out ("net").
§ Clause 4, page 2, line 44, leave out ("the net weight thereof") and insert ("a statement of weight").
§ Clause 4, page 3, line 2, leave out ("export") and insert ("shipment to a place outside Great Britain")
§ Clause 5, page 3, line 4, leave out ("by retail")
§ Clause 5, page 3, line 7, leave out ("retail")
§ Clause 5, page 3, line 8, after ("weight") insert ("on which the purchase price is based")
§
Clause 5, page 3, line 11, at end insert:
("Provided that where at the request of the purchaser the meat is boned, trimmed, or subjected to any other process involving loss of weight before delivery, and the bones or other material thus removed are not delivered with the meat, or where at the request of the purchaser delivery of the
1693
meat is deferred, such statement as aforesaid shall include a statement of the net weight of the meat as sent out for delivery as well as the net weight on which the purchase price is based.")
§ Clause 5, page 3, line 27, leave out ("in Scotland")
§ Clause 5, page 3, line 29, after ("that") insert ("in Scotland")
§ Clause 5, page 3, line 35, leave out ("by retail")
§ Clause 5, page 3, line 36, leave out ("by retail")
§ Clause 7, page 4, line 7, leave out ("by retail")
§ Clause 9, page 4, line 20, leave out ("trade")
§ Clause 9, page 4, line 40, at end insert ("and the manner of re-sealing wrappers open under this Act")
§
Clause 9, page 5, leave out lines 1 to 9 and insert as a new subsection:
("( ) Before any regulations other than regulations under paragraph (d) of subsection (1) of this section are made the draft of the proposed regulations shall be laid before both Houses of Parliament, and the regulations shall not be made unless both Houses by resolution approve the draft either without modification or addition or with modifications or additions to which both Houses agree, but upon such approval being given the regulations may be made in the form in which they have been so approved.
Regulations made under paragraph (d) of subsection (1) of this section shall be laid before both Houses of Parliament as soon as may be after they are made").
§ Clause 9, page 5, line 10, after ("regulations") insert ("made").
§ Clause 10, page 5, leave out Clause 10.
§ Clause 11, page 6, line 15, after ("Act") insert ("then, where the wrapper or container can be re-sealed without injury to the contents, the inspector shall re-seal the wrapper or container with a label certifying that the weight or measure of the contents has been proved to be correct, and if the inspector does not so re-seal the wrapper or container")
§
Clause 11, page 6, line 17, at end, insert as a new subsection:
("( ) All weights, measures, weighing and measuring appliances used by an inspector of weights and measures in pursuance of this Act shall be made of such material, and in such form, as may be approved by the Board of Trade, and shall be verified and periodically reverified in such manner as the Board of Trade may from time to time direct.")
§ Clause 13, page 7, line 7, after ("accident") insert ("or other causes beyond his control and")
§ Clause 13, page 7, line 14, leave out ("butchers' meat") and insert ("article of food")
1694§ Clause 13, page 7, line 32, after ("him") insert ("and on giving not less than three days notice of his intention to the prosecution")
§ Clause 13, page 7, line 39, leave out ("knowledge, consent or connivance") and insert ("consent, connivance or wilful default")
§ Clause 13, page 7, line 42, at end insert ("Provided that the prosecution shall have in any such case the right to cross-examine the employer or principal if he gives evidence, and any witnesses called by him in support of his charge and to call rebutting evidence")
§ Clause 13, page 8, line 8, leave out ("sent to") and insert ("served on or sent by registered post to")
§ Clause 13, page 8, line 9, at end insert ("nor unless in the case of any alleged deficiency the person against whom the allegation is made has been given reasonable opportunity to check the weight, measure, or number of the article or articles in respect of which such allegation is made.
§ (7) A prosecution under this Act shall not be instituted except by or on behalf of the Director of Public Prosecutions, a police authority, or a local authority")
§
Clause 14, page 9, line 12, leave out subsection (3) and insert:
("( ) 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 or this Act, and all references in this Act to inspectors of weights and measures shall be construed accordingly.")
§
Clause 14, page 9, line 23, at end insert:
("(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;
(c) for any reference to the Director of Public Prosecutions there shall be substituted a reference to the Lord Advocate.")
§ After Clause 14, page 9, line 23, at end, insert as a new clause:
§ Application of Act.
§ (".This Act, except so far as it applies to pre-packed articles of food, shall apply only to retail dealings.")
§ Clause 15, page 9, line 31, leave out ("October") and insert ("July"), and leave, out ("twenty-six") and insert ("twenty-seven")
§ First Schedule, page 10, leave out lines 4 to 12 and insert:
| Tea. | Cocoa. |
| Coffee beans. | Cocoa powder. |
| Ground coffee, including chicory mixtures. | Chocolate powder. |
| Potatoes. |