Weights and Measures (Beer and Cider) Bill
This is the text of the Weights and Measures (Beer and Cider) Bill, as presented to the House of Commons on 18 June 1997
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EXPLANATORY MEMORANDUM
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Weights and Measures (Beer and Cider) Bill
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A
B I L L
TO
Amend the law of weights and measures in relation to measures of beer and cider; and for connected purposes.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
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| Liquid measures of beer and cider: Great Britain. |
1. After section 42 of the Weights and Measures Act 1985 there is inserted-
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| "Beer and cider. |
43. - (1) Any reference to a quantity of beer or cider in any provision made under section 22 above in relation to the sale of draught beer or cider shall be construed as a reference to that quantity disregarding the gas comprised in any foam on the beer or cider (and section 25 above shall apply accordingly).
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(2) A person shall be guilty of an offence who-
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(a) whether on his own behalf or on behalf of another person, offers or exposes for sale, sells or agrees to sell, or |
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(b) causes or suffers any other person to offer or expose for sale, sell or agree to sell on his behalf, |
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draught beer or cider otherwise than by a quantity which relates to the beer or cider disregarding the gas comprised in any foam on the beer or cider.
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(3) Subsection (2) above-
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(a) has effect subject to section 34 above, but |
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(b) does not apply in relation to draught beer or cider which is subject to a requirement under section 22 above to be sold only in a particular quantity. |
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(4) This section is without prejudice to the construction of any reference to beer, cider or draught beer or cider in section 8(2) above and to the generality of the powers conferred by section 22 above.
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(5) In this section-
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"beer" does not include black beer but otherwise includes- |
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(a) ale, porter, stout and any other description of beer,
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(b) any beverage which is made or sold as a description of beer or as a substitute for beer,
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(c) any non-alcoholic or low alcohol beer, and
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(d) shandy and any other beverage of which beer is a constituent part;
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"black beer" means black beer (within the meaning of the Alcoholic Liquor Duties Act 1979) which falls within section 1(3)(a) of that Act; |
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"cider" includes perry, non-alcoholic or low alcohol cider or perry and any beverage of which cider or perry is a constituent part; |
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"sale" means sale by retail and by quantity (and related expressions shall be construed accordingly); |
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and any references to draught beer or cider shall be construed as references to beer or cider which is not pre-packed in a securely closed container."
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| Liquid measures of beer and cider: Northern Ireland. |
2. After Article 28 of the Weights and Measures (Northern Ireland) Order 1981 there is inserted-
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| "Beer and cider. |
28A. - (1) Any reference to a quantity of beer or cider in any provision made under Article 19 in relation to the sale of draught beer or cider shall be construed as a reference to that quantity disregarding the gas comprised in any foam on the beer or cider (and Article 20 shall apply accordingly).
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(2) A person shall be guilty of an offence who-
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(a) whether on his own behalf or on behalf of another person, offers or exposes for sale, sells or agrees to sell, or |
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(b) causes or suffers any other person to offer or expose for sale, sell or agree to sell on his behalf, |
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draught beer or cider otherwise than by a quantity which relates to the beer or cider disregarding the gas comprised in any foam on the beer or cider.
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(3) Paragraph (2)-
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(a) has effect subject to Articles 24(1) and 25(1), but |
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(b) does not apply in relation to draught beer or cider which is subject to a requirement under Article 19 to be sold only in a particular quantity. |
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(4) This Article is without prejudice to the construction of any reference to beer, cider or draught beer or cider in paragraph 3 of Part VI of Schedule 2 and to the generality of the powers conferred by Article 19.
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(5) In this Article-
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(a) any non-alcoholic or low alcohol beer, and
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(b) shandy and any other beverage of which beer is a constituent part;
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"cider" includes perry, non-alcoholic or low alcohol cider or perry and any beverage of which cider or perry is a constituent part; |
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"sale" means sale by retail and by quantity; |
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and any references to draught beer or cider shall be construed as references to beer or cider which is not pre-packed in a securely closed container."
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| Short title, commencement and extent. |
3. - (1) This Act may be cited as the Weights and Measures (Beer and Cider) Act 1998.
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(2) Sections 1 and 2 come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes.
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(3) An order under subsection (2) shall be made by statutory instrument and may contain such transitional provisions or savings as the Secretary of State considers appropriate.
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(4) Section 1 does not extend to Northern Ireland.
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(5) Section 2 and this section do extend to Northern Ireland (and section 2 only extends there).
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