|Made||27th August 2004|
|Coming into operation||1st March 2005|
(2) The Interpretation Act (Northern Ireland) 1954 shall apply to this Order as it applies to an Act of the Northern Ireland Assembly.
3. The Price Marking Order (Northern Ireland) 2000 is hereby revoked.
Scope of application of the Order
4. - (1) This Order shall not apply to -
(2) The Electronic Commerce (EC Directive) Regulations 2002 shall apply in relation to any requirement of this Order as if the Order had been made before those Regulations were made.
Obligation to indicate selling price
5. - (1) Subject to paragraph (2) and Articles 10 and 11, where a trader indicates that any product is or may be for sale to a consumer, he shall indicate the selling price of that product in accordance with the provisions of this Order.
(2) The requirement in paragraph (1) shall not apply in respect of -
Obligation to indicate unit price
6. - (1) Subject to paragraphs (2), (3) and (4) and Article 10, where a trader indicates that any product is or may be for sale to a consumer, he shall indicate the unit price of that product in accordance with the provisions of this Order.
(2) The requirement in paragraph (1) only applies in respect of products sold from bulk or required by or under Part V or VI of the Weights and Measures (Northern Ireland) Order 1981 to be -
(3) The requirement in paragraph (1) shall not apply in relation to -
(4) The requirement in paragraph (1) applies in relation to an advertisement for a product only where the selling price of the product is indicated in the advertisement.
Manner of indication of selling price and unit price
7. - (1) The indication of selling price and unit price shall be in sterling.
(2) If a trader indicates his willingness to accept foreign currency in payment for a product, he shall, in addition to the required price indications in sterling -
indicate that such selling price, unit price or conversion rate, as the case may be, does not apply to transactions via a payment card to be applied to accounts denominated in currencies other than sterling, the conversion rate for which will be that applied by the relevant payment scheme which processes the transaction.
Further provisions on indication of selling price etc.
8. - (1) An indication of selling price, unit price, commission, conversion rate or a change in the rate or coverage of value added tax given in accordance with Article 12 shall be -
(c) so placed as to be available to consumers without the need for them to seek assistance from the trader or someone on his behalf in order to ascertain it.
(2) Paragraph (1)(b)(i) does not apply to an indication given in relation to any item of jewellery, item of precious metal, or watch displayed in a window of the premises where it is or may be for sale and the selling price of which is in excess of £3,000.
(3) The indication of any charges for postage, package or delivery of a product shall be unambiguous, easily identifiable and clearly legible.
(4) Where, in addition to a unit price, a price per quantity is indicated in relation to a supplementary indication of quantity the unit price shall be more prominent and the price per supplementary indication of quantity shall be expressed in characters no larger than the unit price.
(5) In paragraph (4), "supplementary indication of quantity" refers to such indications of quantity as expressed in a unit of measurement other than a metric unit and as authorised by Article 6(7A) of the Weights and Measures (Northern Ireland) Order 1981.
Pre-packaged solid food in a liquid medium
9. In the case of a pre-packaged solid food product presented in a liquid medium, the unit price shall refer to the net drained weight of the product. Where a unit price is also given with reference to the net weight of the product, it shall be clearly indicated which unit price relates to net drained weight and which to net weight.
Special provisions relating to general reductions
10. Where a trader proposes to sell products to which this Order applies at less than the selling price or the unit price previously applicable and indicated in accordance with Article 8(1), he may comply with the obligations specified in Articles 5(1) (to indicate the selling price) and 6(1) (to indicate the unit price) by indicating by a general notice or any other visible means that the products are or may be for sale at a reduction, provided that the details of the reduction are prominently displayed, unambiguous, easily identifiable and clearly legible.
Special provisions relating to precious metals
11. In the case of products the selling price of which varies from day to day according to the price of the precious metals contained in them the obligation to indicate the selling price referred to in Article 5(1) may be complied with by indicating in a manner which is unambiguous, easily identifiable and clearly legible -
accompanied by a clearly legible and prominent notice stating the price per unit of weight for the type and standard of fineness of each precious metal contained in the product.
Change in Value Added Tax etc.
12. Where there is a change in the rate or coverage of VAT or any other tax, a trader who adjusts his prices in consequence may comply with the provisions of this Order -
Decimal places and rounding of unit prices below £1
13. Where the unit price of a product falls below £1 it shall be expressed to the nearest 0·1p. Where the figure denoting one hundredths of one penny in the unit price is 5 or higher, it shall be rounded up and where it is 4 or lower it shall be rounded down.
Decimal places and rounding of unit prices above £1
14. Where the unit price of a product falls above £1 it may be expressed to the nearest -
Units of Quantity
15. For the purposes of Schedule 1, the figure denoting the relevant units of quantity in the second column of the table for the corresponding product in the first column of the table refers, as indicated by or under the Weights and Measures (Northern Ireland) Order 1981, and unless specified otherwise to -
16. For the purpose of ascertaining whether any trader enjoys exemption from unit pricing under Article 6(3)(c) or (d) in respect of a small shop, the Department may require that trader to produce such documentary evidence relating to the shop in question as it considers necessary.
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on
27th August 2004.
A senior officer of the Department of Enterprise, Trade and Investment
|Product||Units of Quantity|
|Make-up products||10 (except where sold by number)|
|Seeds other than pea, bean, grass and wild bird seeds||10|
|Biscuits and shortbread||100 (except where sold by number)|
|Bread||100 (except where sold by number)|
|Breakfast cereal products||100 (except where required to be quantity marked by number)|
|Chocolate confectionery and sugar confectionery||100|
|Cooked or ready-to-eat fish, seafoods and crustacea||100|
|Cooked or ready-to-eat meat including game and poultry||100|
|Cosmetic products other than make-up products||100|
|Cream and non-dairy alternatives to cream||100|
|Dips and spreads excluding edible fats||100|
|Dry sauce mixes||100|
|Fresh processed salad||100|
|Fruit juices, soft drinks||100|
|Handrolling and pipe tobacco||100|
|Ice cream and frozen desserts||100|
|Lubricating oils other than oils for internal combustion engines||100|
|Pies, pasties, sausage rolls, puddings and flans indicating net quantity||100 (except where sold by number)|
|Potato crisps and similar products commonly known as snack foods||100|
|Preserves including honey||100|
|Ready to eat desserts||100|
|Sauces, edible oils||100|
|Tea and other beverages prepared with liquid||100|
|Waters, including spa waters and aerated waters||100|
|Wines, sparkling wine, liqueur wine, fortified wine||75 cl|
|Coal, where sold by the kilogram||50 kg|
|Ballast, where sold by the kilogram||1,000 kg|
Any product the price of which has been reduced from the usual price at which it is sold, on account of -
Any product which comprises an assortment of different items sold in a single package.
4. Any product the unit price of which is 0·0p as a result of Article 13 (Decimal places and rounding of unit prices below £1).