The Gazette 1984

GAZETTE

MARCH 1984

- 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measurement are also withdrawn from use.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using the withdrawn units of measurement: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