1. These Regulations may be cited as the Measuring Equipment (Capacity Measures) (Amendment) Regulations 1994 and shall come into force on the coming into force of the Weights and Measures (Intoxicating Liquor) (Amendment) Order 1994(2).

2. The Weights and Measures Regulations 1963(3) shall be amended by the insertion-

(a)in regulation 1(2), after sub-paragraph (k)(4), of the following sub-paragraph-

"(1) capacity measures being containers which-

(i)have been supplied by retail containing a cosmetic product;

(ii)are provided by an individual to a retailer; and

(iii)are used by the retailer in the presence of the individual in ascertaining or determining the amount by volume of a cosmetic product which is of the same description as that mentioned in (i) above and is to be supplied to him in the container,

and in this sub-paragraph "cosmetic product" means any substance or preparation intended to be placed in contact with the various external parts of the human body (that is to say, the epidermis, hair system, nails, lips and external genital organs) or with the teeth and the mucous membranes of the oral cavity with a view exclusively or mainly to cleaning them, perfuming them, changing their appearance, correcting bodily odours, protecting them or keeping them in good condition."; and

(b)in Schedule 1 in Part II in paragraph 3(a) in the Table of liquid measures, after "25 millilitres 1", of "35 millilitres 1".

3. The Weights and Measures (Local and Working Standard Capacity Measures and Testing Equipment) Regulations 1990(5) shall be amended by the insertion-

(a)in Schedule 3 in the Table headed "WORKING STANDARD CAPACITY MEASURES AND TESTING EQUIPMENT" in the column headed "(b) Metric", after "20 ml or 25 ml 0.2 ml", of "35 ml 0.2"; and

(b)in Schedule 4 in the Table headed "LOCAL STANDARD CAPACITY MEASURES" in the column headed "(b) Metric", after "20 ml or 25 ml 0.12 ml", of "35 ml 0.12 ml".

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Weights and Measures Regulations 1963 ("the 1963 Regulations") and the Weights and Measures (Local and Working Standard Capacity Measures and Testing Equipment) Regulations 1990 ("the 1990 Regulations").

Amendments made to the 1963 Regulations exempt, from the requirements of those Regulations relating to the construction, testing and use as capacity measures, containers which have previously contained a cosmetic product and are supplied by the customer to the retailer for use in retail transactions in the same cosmetic product.

The 1963 Regulations are also amended so as to prescribe, and provide limits of error for, certain thimble measures of 35 millilitres for serving spirits (gin, rum, vodka and whisky). The 1990 Regulations are amended to similar effect so as to provide for local and working standard capacity measures of 35 millilitres.

The amendments which make provision for a 35 millilitre measure and associated limits of error are related to the amendments made to the Weights and Measures Act 1985 and to the Weights and Measures (Intoxicating Liquor) Order 1988 by the Weights and Measures (Intoxicating Liquor) (Amendment) Order 1994 which enable a 35 millilitre measure of spirits to be sold for consumption on licensed premises.