Price Marking Order 1991
| Jurisdiction | UK Non-devolved |
| Citation | SI 1991/1382 |
| Year | 1991 |
1991 No. 1382
PRICES
The Price Marking Order 1991
Made 3rd June 1991
Laid before Parliament 17th June 1991
Coming into force 1st September 1991
The Secretary of State after consulting in accordance with section 4(3) of the Prices Act 19741with the organisations referred to in section 2(6) of that Act, in exercise of his powers under the said section 4 and of all other powers enabling him in that behalf, hereby makes the following Order:
Citation, commencement, interpretation and revocation
1.—(1) This Order may be cited as the Price Marking Order 1991 and, subject to article 19 below, shall come into force on 1st September 1991.
(2) In this Order—
“advertisement”, in relation to goods, means any form of representation (including a catalogue, a circular and a price list but not a container or a label) which promotes the sale by retail of those goods;
“food” has the meaning given by section 1(1) and (2) of the Food Safety Act 19902save that it shall include feeding stuffs for dogs and cats as well as any imitation of any food which is displayed in order to indicate that that food is available for sale by retail;
“goods” has the meaning given by section 61(1) of the Sale of Goods Act 19793, and shall include any imitation of any goods which are displayed in order to indicate that those goods are available for sale by retail and, unless otherwise expressed, includes food but does not include gas within the meaning given by Part I of the Gas Act 19864supplied through pipes;
“goods sold from bulk” means goods which are not pre-packed or are not weighed or otherwise measured or counted for sale except in the presence of the buyer, and section 46 of the Weights and Measures Act 19855shall apply for this purpose as it applies for the purposes of Part IV of that Act, and “food sold from bulk” shall be construed accordingly;
“goods pre-packed in pre-established quantities” means goods pre-packed in such a way that the quantity of goods in the container corresponds to a previously selected quantity (and shall include whole birds and poultry portions that are pre-packed within defined weight grades, all the birds or portions in each such grade being marked with the same weight); “food pre-packed in pre-established quantities” shall be construed accordingly;
“goods pre-packed in variable quantities” means goods pre-packed in such a way that the quantity of goods in the container does not correspond to a previously selected quantity, and “food pre-packed in variable quantities” shall be construed accordingly;
“motor fuel” means fuel of any kind supplied for use in a motor vehicle;
“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;
“premises” includes any shop, stall, kiosk or barrow and any vehicle, train, aircraft or vessel; and where a person indicates that goods are available for sale by retail from him in a part of larger premises owned or occupied by another, that part of those premises shall be treated as separate premises;
“sale by retail” does not include sales of goods between private persons nor sales of goods which are bought for the purposes of a trade or commercial activity or which are supplied in the course of the provision of a service;
“selling price” means, in relation to any goods which are or may be for sale by retail, the aggregate sums that the purchaser is required to pay in order to obtain the goods excluding, in the case of motor vehicles, vehicle excise duty;
“unit price” means, in relation to any goods which are or may be for sale by retail, the price expressed by reference to any one of the units of measurement that are referred to in article 6 below or in Schedule 4 to this Order;
any other expressions used have the same respective meanings as given in the Weights and Measures Act 1985.
(3) For the purposes of any reference in this Order to the sale by retail of any goods where a person (“the ostensible supplier”) supplies goods to another person (“the customer”) under a hire-purchase agreement, conditional sale agreement or credit-sale agreement within the meaning in each case of the Consumer Credit Act 19746and where the ostensible supplier—
(a)
(a) carries on the business of financing the provision of goods for others by means of such agreements, and
(b)
(b) in the course of that business acquired his interest in the goods supplied to the customer as a means of financing the provision of them for the customer by a further person (“the effective supplier”),
the effective supplier and not the ostensible supplier shall be treated as selling by retail the goods to the customer.
(4) The Orders specified in article 5(1) below and in Schedule 3 to this Order are hereby revoked.
Application of Order
2.—(1) Subject to the provisions of this article, this Order applies to—
(a)
(a) goods which a person, or someone else on his behalf, indicates are or may be for sale by retail by him, and
(b)
(b) advertisements in which he, or someone else on his behalf, indicates the selling price or the unit price of goods which are or may be for sale by retail by him;
and references in this Order to “goods” are references to goods to which this Order applies.
(2) Advertisements to which paragraph (1)(b) above applies shall not include those advertisements which do no more than indicate a price at which a person who supplies goods to another person (whether to be sold by retail by that person or by some other person) recommends that they be sold by retail or which give no more than a general indication of the price or a range of prices at which he expects they may be sold by retail.
(3) Where a person uses or adopts an advertisement such as is mentioned in paragraph (2) above as a means of indicating the price at which goods are or may be for sale by retail by him, that advertisement shall comply with the provisions of this Order.
(4) In an advertisement to which this Order applies the indication of the selling price or the unit price shall be made in accordance with the provisions of this Order except that in the case of an advertisement which is not a written advertisement (including an advertisement broadcast by radio or television or transmitted by cable programme service, public address system or displayed by film projection or disseminated by any similar system), such indication need not be given in written or printed form if in all other respects it complies with the provisions of this Order.
(5) This Order does not apply to—
(a)
(a) food which is sold and consumed in hotels, restaurants, cafes, public houses, hospitals, canteens or similar establishments;
(b)
(b) works of art, or
(c)
(c) antiques whether or not of an age exceeding one hundred years.
(6) This Order does not apply to goods ordered by telephone or post where a purchaser has agreed before or when placing the order that there need be no written indication of the price before the goods are supplied to him.
(7) Nothing in this Order shall require a person who is merely demonstrating goods to indicate the selling price or the unit price of those goods, nor shall it require a person who, acting in a market place, is determining the range of prices within which he will invite offers for purchase to indicate the selling price or the unit price of those goods until such time as he has determined the point in that range at which he will invite offers for them.
Obligation to indicate selling price
3.—(1) Where a person indicates that any goods (being goods other than motor fuel) are or may be for sale by retail, he shall indicate in writing the selling price of those goods in accordance with the following provisions of this Order.
(a)
(a) (2) The selling price shall be indicated either—
(i) in the case of goods sold from bulk, by reference either to a unit of measurement or to a single item or to a specified quantity of the goods, or
(ii) in the case of other goods, by reference to a single item or to a specified quantity of the goods.
(b)
(b) Where the selling prices at which different quantities of goods may be purchased do not vary in the same proportion to each other as the quantity of the goods, the indication of the selling price shall include sufficient information to enable the purchaser to calculate what the selling price of any quantity of the goods is.
Obligation to indicate unit price and exemptions
4.—(1) Where a person indicates that any of the goods referred to in paragraph (2) below are or may be for sale by retail, he shall, except where exempted pursuant to paragraphs (3) and (4) below, indicate in writing the unit price of those goods in accordance with the following provisions of this Order.
(2) The goods referred to above are—
(a)
(a) goods sold from bulk;
(b)
(b) goods pre-packed in variable quantities; and
(c)
(c) on or after 7th June 1995, goods pre-packed in pre-established quantities which—
(i) are specified in column (1) of Part I of Schedule 1 to this Order (except goods sold in the ranges of nominal quantities specified in relation to those goods either in column (2) or (3) thereof as the case may be);
(ii) are specified in column (1) of Part II of Schedule 1 to this Order (except goods sold in the ranges of container capacities specified in column (2) in relation to those goods);
(iii) are specified in column (1) of Part I of Schedule 1 to this Order when the goods are contained in aerosols (except as provided in paragraph (4)(b)) below; or
(iv) being intoxicating liquor and other liquids specified in column (1) of Parts I, II and III of Schedule 1 to the Weights and Measures (Intoxicating Liquor) Order 19887, are specified in that Schedule in paragraph (b) of column (3) of Part I or paragraph (b) or (c) of column (3) of Part II or in paragraph (b), (c) or (d) of column (3) of Part III...
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