Price Control

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1966-32

PRICE CONTROL ACT

Principal Act

Act. No. 1966-32 Commencement 30.12.1966

Assent 29.12.1966

Amending

enactment

Relevant current provisions Commencement

date

Acts. 1967-10 ss. 5(2) and 12 (3)

1967-18 ss. 2(1), 3, 4, 5(1) and 10

1968-35 s. 11

1969-26 s. 2(2)

1974-05 s. 3A

1976-03 ss. 3(2) and (3) and 4

1978-03 Sch.

1979-17 ss. 2-5

1980-02 ss. 2(1), 3(1), (2) and (3), 11 and 15

2007-17 ss. 4(1), (2) & (3), 5(1) & (5), 15 14.6.2007

LN. 2012/197 s.15(b) 29.11.2012

English sources

None cited

Transposing:

Directive 98/6/EC

EU Legislation/International Agreements involved:

Price Control

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1966-32

ARRANGEMENT OF SECTIONS.

Section

1. Short title.

2. Interpretation.

3. Power of Minister to fix maximum prices and charges generally.

3A. Repealed.

4. Power of Government to fix maximum prices or charges in specific

cases.

5. Powers to require information and to enter and search.

5A. Repealed.

5B. Repealed.

5C. Repealed.

6. Records to be kept and preserved and invoices to be supplied.

7. Offences by corporations.

8. Defence for employee.

9. Prohibition of holding up of stocks.

10. Exhibition of notices by retailers.

11. Display of prices of any supplies or class of supplies.

12. Delivery of receipts.

13. Saving for auction sales.

14. Penalties.

15. Appointments and rules.

SCHEDULE

Price Control

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1966-32

AN ACT TO MAKE PROVISION FOR THE CONTROL OF CHARGES

AND PRICES FOR CERTAIN SUPPLIES AND SERVICES AND FOR

MATTERS CONNECTED THEREWITH.

Short title.

1. This Act may be cited as the Price Control Act.

Interpretation.

2.(1) In this Act, unless the context otherwise requires,–

“Minister” means the Minister who is for the time being charged with

responsibility for price control;

“perform”, in relation to a service, includes to offer to perform, to invite

to treat for performance, and to agree to perform;

“price-controlled services” means any services for which a maximum

charge is for the time being fixed under this Act;

“price-controlled supplies” means any supplies for which a maximum

price is for the time being fixed under this Act;

“sell” includes to offer for sale, to invite to treat for sale, to expose for the

purpose of sale, and to agree to sell;

“services” includes any work or labour done, whether or not in

connection with any animal, article or thing, and whether or not as a

result of the work or labour any chattel is produced; and includes

any letting on hire or agreement to let on hire or offer to let on hire,

whether or not such letting, agreement to let or offer to let includes

the performance of any work or labour; and

“supplies” includes any animal article or thing.

(2) Where any supplies are displayed in or at any premises in which or at

which such supplies are normally sold by retail in the ordinary course of

business, those supplies shall be deemed to be exposed for the purposes of

sale.

Power of Minister to fix maximum prices and charges generally.

3.(1) The Minister may by notice published in the Gazette–

Price Control

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1966-32

(a) fix the maximum prices at which any supplies may be sold,

whether by wholesale or retail; and

(b) fix the maximum charges to be made or demanded for any

services.

(2) Where the maximum price at which supplies may be sold is fixed by

notice the Minister may, by the same or a further notice, impose renditions as

to the sale of such supplies.

(3) In particular but without prejudice to the generality of the power to

impose conditions conferred by subsection (2), the Minister may impose the

following conditions–

(a) that any person exposing supplies for sale shall at all times

expose for sale at least the same amount of other specified

supplies for which a lesser maximum price has been fixed; and

(b) that supplies exposed for sale shall be marked with a true

indication (in such manner, if any, as may be prescribed) of inter

alia, their price, price per unit, quantity, weight, measure,

number, grade, size and place of origin.

(4) A person who–

(a) sells, in the course of any business, any price-controlled supplies

at a price which exceeds the maximum price so fixed under this

section; or

(b) makes or demands for any price-controlled services a charge

which exceeds the maximum charge so fixed; or

(c) fails to comply with any condition imposed under this section–

is guilty of an offence.

Power of Government to fix maximum prices or charges in specific

cases.

4.(1) If it is represented to the Government that–

(a) any article or thing is being sold at a price which may be

unreasonable; or

(b) any service is being performed at a charge which may be

unreasonable–

Price Control

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1966-32

he may issue a notice under section 5 to the seller or to the person who

performs the services (as the case requires).

(2) Where a notice has been issued under section 5 in accordance with

subsection (1) of this section, the person appointed by the Government to

carry out the examination shall report to him the result of his examination.

(3) If, after having considered a report made in accordance with

subsection (2), the Government is of the opinion that–

(a) in the case of an article or thing, it is being sold at a price that is

unreasonable; or

(b) in the case of any service, it is being performed at a charge that

is unreasonable–

he may by notice in writing directed to and served on the seller or person

performing the service (as the case requires) fix the maximum price at which

the seller may sell the article or thing and any similar article or thing, or fix

the maximum charge at which the person may perform the service and any

similar service.

(4) A person who–

(a) sells any article or thing at a price which exceeds the price for

the time being fixed in relation to him under subsection (3); or

(b) performs any service at a charge which exceeds the charge for

the time being fixed in relation to him under subsection (3)

is guilty of an offence.

(5) Section 9 shall not apply where a maximum price has been fixed

under this section in respect of any article or thing.

Powers to require information and to enter and search.

5.(1) The Government may by notice in writing require any person

carrying on a business which includes the sale of any supplies or the

performance of any services–

(a) to produce to and allow to be examined by a person appointed

by the Government, such accounts, books, and other documents

in the custody of the person so required or under his control,

relating to that business, as may be specified or described in the

notice, being accounts, books or other documents the

Price Control

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1966-32

examination of which may be reasonably required for the

purposes of this Act; and

(b) to furnish to the person appointed such information as that

person may reasonably require for the purposes of this Act.

(2) A person who fails to comply with the requirements of a notice

issued to him in accordance with subsection (1) is guilty of an offence.

(3) The Consumer Protection Officer, the Assistant Consumer Protection

Officer or an inspector may, on production of evidence of his identity and

authority to any person reasonably requiring it, at any reasonable time enter

any premises where any supplies or article or thing which are controlled

under this Act are sold, or from which any services controlled under this Act

are provided or offered to be provided, for the purposes of determining

whether the provisions of this Act are being observed. A person so entering

may carry out such search and make such enquiries as he may consider

necessary for the purpose of such determination and, without prejudice to

the generality of this subsection may require any person to produce to and

allow to be examined by him such accounts, books and other documents in

the custody of the person so required or under his control, relating to that

business, being accounts, books or other documents the examination of

which may be reasonably required for the purposes of this Act, and to furnish

to him such information as he may reasonably require for the purposes of this

Act.

(4) A person who hinders or obstructs any person acting under the

powers conferred by subsection (3), or who fails to comply with any

requirement made under subsection (3), is guilty of an offence.

(5) In this section “inspector” means an officer specified in the first

column of the schedule. An inspector shall have the powers conferred by this

section in relation to the supplies, services, articles and things specified in the

second column of the Schedule opposite such officer. The Government may,

with the prior approval of the Gibraltar Parliament, amend the Schedule by

order.

(6) No information with respect to any particular business, that is

obtained by any person as a result of the exercise of any powers conferred by

or under this Act, shall be disclosed to any other person except–

(a) with the consent of the person carrying on the business; or

(b) for the purposes of the execution of this Act; or

(c) for the purposes of any criminal proceedings which may be

taken, whether pursuant to this Act or otherwise.

Price Control

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1966-32

5A-5C. Repealed.

Records to be kept and preserved and invoices to be supplied.

6.(1) A person who in the course of business purchases any Records to

supplies for the purpose of resale shall–

(a) keep such books of accounts or other records as shall show the

cost to him of such supplies and the date on which and the

person from whom the supplies were purchased; and

(b) preserve for such time as this Act shall remain in force all such

books of accounts or other records as he is required to keep

under the foregoing provisions of this subsection and all

invoices, receipts or other documents received by him which

have been issued in respect of such supplies and contain any

particulars of their cost.

(2) A person who in the course of business sells any supplies to any other

person for the purpose of resale, shall furnish to such last-named person

within seven days of the delivery of the supplies an invoice containing such

particulars relating to the supplies as may be prescribed.

(3) A person who–

(a) fails to keep any book of account or other record which he is

required to keep under the provisions of subsection (1) of this

section; or

(b) fails to preserve any book of account, record, invoice, receipt or

other document which he is required to preserve under the

provisions of subsection (1), unless he shall prove that such

failure was not due to any neglect or default on his part or on

the part of any person employed by him; or

(c) fails to furnish any invoice which he is required to furnish under

the provisions of subsection (2),

is guilty of an offence.

(4) In any proceedings instituted against any person for failing to

preserve any invoice, receipt or other document which he is required to

preserve under the provisions of subsection (I) the burden of proving that he

had not received such invoice, receipt or document shall lie upon that person.

Offences by corporations.

Price Control

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1966-32

7. Where a person convicted of a contravention of any of the provisions of

this Act is a body corporate, every person who, at the time of the

contravention, was a director or officer of the body corporate shall be

deemed to be guilty of that contravention, unless he proves that the

contravention was committed without his consent or connivance and that he

exercised all such diligence to prevent the contravention as he ought to have

exercised having regard to the nature of his functions as a director or officer

of that body and to all the circumstances.

Defence for employee.

8. It shall be a defence for a person charged with a contravention of any of

the provisions of section 4 to prove that in relation to the matter in respect of

which he is charged he acted in the course of his employment as a servant or

agent of another person being a person for the time being residing in

Gibraltar on the instructions of his employer or of some other specified

person being a person for the time being residing in Gibraltar.

For the purposes of this section a person shall be deemed to reside in

Gibraltar who either resides in Gibraltar or who although not resident in

Gibraltar has in his possession a valid current pass to enter Gibraltar issued

to him.

Prohibition of holding up of stocks.

9.(1) Subject to the provisions of subsection (3) a person carrying on a

business in the course of which price-controlled supplies of any description

are normally sold, and having in his possession a stock of supplies of that

description, shall not refuse an offer to buy supplies of that description at the

maximum price made with a tender of immediate payment therefor.

(2) For the purposes of subsection (1), a person shall be deemed to have

refused an offer if he proposes acceptance thereof subject to a condition

requiring the buying of any other supplies, whether price-controlled supplies

or not, or the making of any payment in respect of any services, or to any

other condition.

(3) A person shall be entitled to refuse such an offer as is mentioned in

subsection (1) if the acceptance thereof, or the acceptance thereof without

the fulfilment of a condition proposed by him, would, having regard to the

quantity of supplies to which the offer relates or to any other consideration,

be contrary to the normal practice of his business, or would involve a breach

of some obligation lawfully biding on him, or would interfere with

arrangements made by him for an orderly disposal of his stocks amongst his

regular customers.

Price Control

© Government of Gibraltar (www.gibraltarlaws.gov.gi)

1966-32

(4) A person who contravenes the provisions of subsection (I) is guilty of

an offence.

Exhibition of notice; by retailers.

10.(1) Where any supplies are sold they shall be clearly marked by the

person so selling with the price at which they are to be sold save that where

any such supplies are sold for consumption on the premises where they are

sold and such premises are not a bona fide club, a list of the prices thereof

shall be exhibited in a prominent position in the premises or given on demand

to any person entering the premises for the purpose of purchasing such

supplies.

(2) Where any services are normally performed in or on any premises

there shall be exhibited in a prominent position therein a list of the charges

for such services.

(3) A person who contravenes the provisions of subsection (1) or

subsection (2) is guilty of an offence.

Display of prices of any supplies or class of supplies.

11.(1) The Minister may by order published in the Gazette from time

to time require any person who sells by retail any supplies specified in such

order to exhibit clearly in such manner as may be prescribed the price

demanded by him for the sale of such supplies.

(2) A person who fails to comply with any such order is guilty of an

offence.

Delivery of receipts.

12.(1) Where any person sells any price-controlled supplies or

performs any price-controlled services he shall deliver on demand to the

person purchasing or ordering such supplies or services a receipt signed by

himself showing the amount paid for such supplies or services.

(2) In any proceedings under this Act any receipt delivered under

subsection (1) shall be deemed to be proof that the amount set out therein

was actually paid until the contrary is proved.

(3) A person who contravenes the provisions of subsection (1) is guilty

of an offence.

Saving for auction sales.

Price Control

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1966-32

13. This Act shall not apply to a sale or an agreement or offer to sell for

an amount fixed by auction.

Penalties.

14. A person guilty of an offence under the provisions of this Act is liable

on summary conviction to a fine of £250.

Appointments and rules.

15. The Government may–

(a) appoint a person or persons to advise on the determination of

maximum prices and charges and on such other matters as he

may from time to time direct;

(b) make rules generally for the carrying into effect of any of the

provisions or purposes of this Act.

________________________

SCHEDULE

Section 5(5)

lst Column 2nd Column

Consumer Protection Inspector Trading

Standards Officer

All supplies, services, articles

and things.

Head Pharmacist Medicines.