The Gazette 1984

MARCH 1984

GAZETTE

- Speed: knot. - Power: horsepower: (There is an exception in relation to excise duty on mechanically propelled vehicles). - Temperature: fahrenheit. Other less common and more technical units of measurement are also withdrawn from use. The outlawing of the use of these units of measurement should have consequences in "most fields of human activity", to quote the Directive." Exceptions There are certain exceptions to the general illegality of using the withdrawn units of measurement: (a) Agreement In any particular transaction it is not unlawful to use any unit of measurement which was hitherto customarily used in trade in like transactions, but only where there is agreement between the parties to the transaction. However, this exception does not apply to retail transactions or transactions relating to packaged goods where an unauthorised unit of measurement is used without its metric equivalent. Almost all goods manufactured for eventual retail sale will, therefore, not come within this exception. (b) Supplemental Indications A unit of measurement no longer authorised may still be used as a supplementary indication of quantity expressed in an authorised unit provided: — - Firstly, that the indication in the authorised unit predominates and the supplemental indication be expressed in characters no larger than those of the corresponding indication in the authorised unit: and - Secondly, that in the case of conflict the supple- mentary indication will be disregarded. Although the goods of many manufacturers and distributors already come within the exception, those of many more do not. Even a narrow interpre- tation of the first condition of this exception would suggest that the metric indication must at least come before the outlawed imperial indication. (c) Products already on the Market A unit of measurement which has become unauthorised under the Regulations may continue to be used in relation to products and equipment already on the market or in service on November 1st, 1983. Similarily, an unauthorised unit may continue to be used in relation to parts and components necessary to supplement or replace parts or components of such products and equipment already on the market on November 1st, 1983. Consequences of Contravention of the Regulations (a) Criminal Offence Any person who uses a unit of measurement in contra- vention of the Regulations commits an offence and is laible to a fine not exceeding £800. However, it is suggested (and this is confirmed by personnel in the relevant Government Department) that there is unlikely

to be vigorous or widespread prosecution, at least until the business community has had a reasonable time to implement the provisions of the Regulations. (b) Effect on Contracts (i) Contracts entered into prior to November 1983. Where a contract was entered into prior to November 1983 and falls to be performed or partly performed after that date, any reference to a unit withdrawn from use shall be deemed to be a reference to its metric equivalent (set out in Schedule 4). Therefore, any calculation under the contract shall be made by reference to that metric equivalent. (ii) Contracts entered into after November 1983. Although not altogether clear, the effect of the Regulations on contracts entered into after November, 1983, would seem to be simply that, subject to the exceptions mentioned above, contracts must now refer to the metric unit where the non-metric unit that would otherwise have been used has been outlawed. The consequence of not so doing is that an offence is committed, as explained above. In fact, Regulation 8 specifically provides that Section 19 of the 1878 Act shall cease to have effect in so far as it makes void a transaction not made according to the (imperial) weights and measures to which the Section refers. However, although surely entirely unintentional, an unusual result is achieved when one considers, together, both Regulation 12 of the present Regulations and Section 76 of the 1878 Act. Section 76 is the first section of that Part of the Act entitled "Application of Act to Ireland", and deals only with transactions determined according to the weight of goods. Section 76 provides that any contract, bargain, sale or dealing for any quantity of any commodity sold, delivered or agreed for by weight will be void if not made according to the various denominations of imperial weight set out therein. Regulation 12 (2) provides that any reference in any other enactment to a unit of measurement no longer authorised will be construed as a reference to its metric equivalent. I would suggest, therefore, that Section 76 now makes void any contract for goods which are to be determined by weight if it refers only to a non-metric unit of weight which is now outlawed (e.g. stone, hundred- weight, ton, etc.,) and not its metric equivalent. This result can only be avoided by specific agreement between the parties in accordance with the exception explained at 2 (a) above. However, such an agreement cannot be made where the transaction relates to packaged goods or is a retail transaction. An example may help to explain:— A contract entered into after 1st November, 1983, for the supply of 100 tons of fertiliser to be delivered in bags of 2 hundredweight each would, in my view, be unavoidably void. Application of the Regulations The Regulations have very broad application, it being provided that they apply to "measuring instruments used, measurements made and dimensions or quantities expressed in units, whether for trade or for any economic, public health, public safety or administrative purpose". The Regulations do not affect the use of units of measure- ment in air, sea, or rail transport, which are not authorised in the Regulations but which have been

38