Legislation
Apart from the information about the legislation you make available on this website, is there a publication which gives details of all the legislation in this area?
Butterworths Tolley, the legal publishing house, produce "The Law of Weights and Measures" (also known as "O'Keefe" after its first editor). This reproduces in full, and provides a commentary upon, primary and secondary legislation relating to all aspects of "weights and measures", including the labelling and packaging of goods. In addition the full text of relevant EU Directives, and authoritative Guidance Notes, such as those issued by Government Departments or WELMEC, are reproduced.
O'Keefe is available both in hard copy and CD-ROM versions, and is updated several times each year. It is also available online as part of the local government online service, localgovernmentdirect.co.uk
People wishing to purchase the book etc should contact: -
Customer Services Department
Butterworths Tolley
2 Addiscombe Way
CROYDON
Surrey CR9 5WZ
UK
tel: +44 (0)20 8662 2000
fax: +44 (0)20 8662 2012
email: order.line@butterworths.com
General enquiries should be addressed to: -
Jane Bradford
Butterworths Tolley
Halsbury House
35 Chancery Lane
LONDON WC2A 1EL
UK
tel +44 (0)20 7400 2729
fax +44 (0)20 7400 2728
email jane.bradford@butterworths.co.uk
Can an inspector exercise his powers under the Weights and Measures Act 1985 (including responding to requests to test and stamp, i.e. powers includes functions) outside the area for which he was appointed?
Is the answer any different for an area outside his own in the UK and outside the UK?
This question has been raised several times over the years, and our answer has always been the same. We remain of the view that an inspector appointed by a local authority can only properly exercise his functions within the territory of that authority.
For the purposes of the Weights and Measures Act 1985, and Regulations made under it, it is clearly stated that an inspector is only an inspector for the activities under the relevant legislation within the area for which he or she is appointed. The definition of "inspector" in section 94 of the 1985 Act specifically refers to appointment under section 72(1) of the Act. The relevant part of section 72(1) is paragraph (b), which concerns the appointment by each local weights and measures authority, of "... such number of other inspectors of weights and measures, if any ..., as may be necessary for the efficient discharge in the authority's area of the functions conferred or imposed on inspectors by or under this Act.".
The appointment relates to an area, and the definition of "inspector" relates to the appointment. In the circumstances, the definition and hence the functions to be undertaken by an inspector relate at all times to the area for which the inspector is appointed. We can find nothing in the provisions of the 1985 Act to permit an inspector in exceptional circumstances, or discreet circumstances, to act outside the area for which he or she is appointed. That would have been a possibility, but the weights and measures legislation has not been structured in that way. What is written above in no way affects other statutory arrangements, for example under section 101 of the Local Government Act 1972.
