LACOTS has given advice in enforcement but most of this is on ther
restricted site. Below is the text of their recommended form of notice
to be given to traders. Since this is for distribution I see no harm in
showing it to (and within) the group.
> NOTICE OF INTENT
> Dear Sir/Madam
> Weights and Measures Act 1985 � Section 8
> Price Marking Order 1999 � Article 5
> During a recent inspection of your trading premises you were advised that you were
>failing to
> comply with the provisions of the above legislation. The purpose of this letter is
>to advise you
> of the situation regarding the use of imperial units of measurement for trade use
>and this
> Authority�s intended course of action.
> This Authority recognises the doubts created in people�s minds as a result of the
>legal opinion
> obtained by the UK Independence Party which has suggested that the legislation
>prohibiting
> the use of imperial units for selling loose goods after 1 st January 2000 was
>illegally made. The
> main points of that legal opinion are as follows:
> 1) The Weights and Measures Act 1985, which set out the imperial units legal for
>trade use,
> was made after the European Communities Act 1972, which provided the mechanism for
> the removal of the pound and ounce after 1 st January 2000. As the provisions of
>these
> are in contradiction, the Weights and Measures Act impliedly repealed the 1972 Act
>and
> the legislation implementing the metrication provisions is therefore illegal.
> 2) The legislation implementing the metrication provisions is illegal as it is not
>an Act of
> Parliament and only an Act of Parliament can amend another Act.
> 3) The European Communities Act 1972 cannot constitutionally permit Parliament to
>bind
> its successors.
> It has further been suggested that Trading Standards Officers continuing to enforce
>the
> metrication provisions could be guilty under the Protection from Harassment Act 1997.
> In order to restore clarity to the market place, the Opinion of leading Counsel has
>been
> obtained on behalf of Local Authority Trading Standards Departments. This Opinion
>fully
> rebuts the previous legal opinion, in particular:
> 1) The Weights and Measures Act 1985 did not expressly or impliedly repeal the
> mechanism for introducing metric units or the European Community Act 1972. The 1985
> Act was purely a consolidating Act and did not change the previous weights and
> measures provisions and �repeal� can only take place where the law is changed.
> 2) The implementing provisions were appropriately made, using a sound legal mechanism
> and gave the proposed effect of implementing the metrication provisions.
> 3) The mechanism for implementing European legislation set out in the European
> Communities Act 1972 was intended to and directly ensures that the principles of EC
>law
> such as primacy, supremacy and direct effect are capable of being invoked by national
> courts.
> 4) No issue arises out of the Protection from Harassment Act 1997 where Trading
> Standards Officers are acting under an honestly held view of the validity of the law
>they
> are enforcing.?Ultimately it is for a court to decide whether the metrication
>legislation is valid and it is this
> Authority�s duty to enforce the law until such a time that the court decides
>otherwise.
> This Authority is committed to proportionate enforcement action through offering
>advice and
> support to business, and does not wish to pursue action where there is no obvious
>consumer or
> business detriment. However, the current situation has created a confusing and
>unfair market
> place. Consumers cannot effectively compare prices between two different units of
> measurement. Businesses that are complying with the law have been disadvantaged both
>in
> the money they have invested in converting equipment and by suffering unfavourable
>price
> comparisons between their price indications in kilos, which appear to be more
>expensive than
> their competitor�s ones in pounds.
> Consequently, this Authority is under an obligation to address these issues by
>securing
> compliance with the legislation. This Authority has, therefore, programmed further
>inspections
> for the near future with a view to taking consistent and equitable enforcement
>action against
> those traders who continue to fail to comply.
> Should you require any further advice or wish to seek clarification in respect of
>these, or any
> other matters, please contact �
