Weights and Measures Act · 2014 Revised Edition
14. Safeguards for traders
Official textFrom Attorney General's Chambers, unchanged
In any proceedings under this Act in respect of an alleged deficiency of weight or measure of any pre-packed article or of bread, the court may disregard any inconsiderable variation in the weight or measure of a single article, but shall have regard to the average weight or measure of a reasonable number of other articles of the same kind (if any) sold or delivered by the defendant, or in his possession for the purpose of sale or delivery, on the same occasion, and generally to all the circumstances of the case.
pre-packed
“pre-packed”, in relation to goods or articles, means goods or articles packed or made up in advance ready for retail sale in or on a wrapper or container and where any goods or articles packed or made up in or on a wrapper or container are found on any premises where such goods or articles are packed, kept or stored for sale or are found in the possession of any person engaged in trade, they shall be deemed to be packed or made up in advance for retail sale unless the contrary is proved;
In any proceedings under this Act, if the defendant proves to the satisfaction of the court that he took all reasonable precautions and exercised all due diligence to avoid commission of an offence, the defendant shall be discharged from the prosecution.
In any proceedings under this Act in respect of an alleged deficiency in the weight of any article delivered to a purchaser, the defendant shall be discharged from the prosecution if he proves to the satisfaction of the court that the alleged deficiency was due to unavoidable evaporation or drainage and that due care and precaution had been taken to avoid such deficiency.
Weights and Measures
For the purposes of any proceedings under this Act, the weight or measure of any article sold or in the possession of any person for the purpose of trade shall be deemed to be correct if it is proved to be correct within the margin of error permitted by regulations made under this Act in respect of the weighing or measuring equipment by which such article was lawfully weighed or measured for the purpose of such sale or exposure for sale.
trade
“trade” means dealing in goods sold by weight, measure or number or performing the service of weighing or measuring or performing a service in connection with which payment for goods or services or tolls or duties is assessed by weight or measure;
Employer answerable for acts of agents and servants.
Terms defined in s 2
pre-packed
Defined · s 2“pre-packed”, in relation to goods or articles, means goods or articles packed or made up in advance ready for retail sale in or on a wrapper or container and where any goods or articles packed or made up in or on a wrapper or container are found on any premises where such goods or articles are packed, kept or stored for sale or are found in the possession of any person engaged in trade, they shall be deemed to be packed or made up in advance for retail sale unless the contrary is proved;
trade
Defined · s 2“trade” means dealing in goods sold by weight, measure or number or performing the service of weighing or measuring or performing a service in connection with which payment for goods or services or tolls or duties is assessed by weight or measure;
weighing or measuring equipment
Defined · s 2“weighing or measuring equipment” means equipment for measuring in terms of length, area, volume, capacity, weight or number, whether or not the equipment is constructed to give an indication of the measurement made or other information determined by reference to that measurement. Standard weights and measures.