Price Marking Act 1976

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/1976/1976-0004/PriceMarkingAct1976_1.pdf
Published: 2012-09-01

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Price Marking Act 1976

c i e
AT 4 of 1976

PRICE MARKING ACT 1976

Price Marking Act 1976 Index


c AT 4 of 1976 Page 3

c i e
PRICE MARKING ACT 1976

Index Section Page

1 Price marking .................................................................................................................. 5
2 Enforcement ..................................................................................................................... 6
3 Expenses ........................................................................................................................... 6
4 Short title and commencement ..................................................................................... 6
SCHEDULE 7

ENFORCEMENT 7
ENDNOTES 9

TABLE OF LEGISLATION HISTORY 9
TABLE OF RENUMBERED PROVISIONS 9
TABLE OF ENDNOTE REFERENCES 9

Price Marking Act 1976 Section 1


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c i e
PRICE MARKING ACT 1976

Received Royal Assent: 17 March 1976
Passed: 13 April 1976
Commenced: 13 April 1976
AN ACT
to make provision for requiring prices to be indicated on, or in
relation to, goods offered or exposed for sale by retail; and for connected
purposes.
GENERAL NOTE:
The maximum fines in this Act are as increased by the Fines Act
1986 and by the Criminal Justice (Penalties, Etc.) Act 1993 s 1.
1 Price marking

[P1974/24/4]
(1) The Isle of Man Office of Fair Trading (in this Act referred to as ‘the
Board’) may by order make provision for securing that prices are
indicated on, or in relation to goods offered or exposed for sale by retail,
being goods of a description to which the order applies.1

(2) Without prejudice to the generality of subsection (1) above, an order
under this section may —
(a) make provision as to the manner in which any price is to be
indicated;
(b) require that the price to be indicated on, or in relation to, any
goods shall be, or shall include, a price expressed by reference to
such unit or units of measurement or number as may be specified
in the order;
(c) in relation to goods subject to Value Added Tax, make provision
as to the circumstances in which the price to be indicated may or
may not be exclusive of the tax and as to the indication to be given
of the tax included in, or payable in addition to, the price;
(d) make different provisions in relation to different circumstances
and may contain such supplementary provisions as the Board
thinks necessary or expedient.2

Section 2 Price Marking Act 1976


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(3) Before making an order under subsection (1) above, the Board shall
consult with such organisations representative of interests which will be
substantially affected by the order as appear to it to be appropriate.3

(4) No order under this section shall have effect until it has been approved
by Tynwald.
2 Enforcement

The Schedule to this Act shall have effect for the enforcement of orders under
section 1 of this Act.
3 Expenses

There shall be paid out of money provided by Tynwald any expenditure
incurred under or by virtue of this Act.
4 Short title and commencement

(1) This Act may be cited as the Price Marking Act 1976.
(2) This Act shall come into operation when the Royal Assent thereto has
been by the Governor announced to Tynwald and a certificate thereof
has been signed by the Governor and the Speaker of the House of Keys.
Price Marking Act 1976 Schedule



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Schedule

ENFORCEMENT

Section 2 [P1974/24/Sch]
Price marking
1. (1) Any person who contravenes an order under section 1 of this Act shall be
guilty of an offence and shall be liable —
(a) on conviction on information, to a fine;
(b) on summary conviction, to a fine not exceeding £5,000.
(2) Section 23 of the Consumer Protection (Trade Descriptions) Act 1970
(offences due to fault of other person) and section 24(1) and (2) of that Act (defence of
mistake, accident, etc.) shall have effect in relation to an offence in respect of an order
under section 1 of this Act as they have effect in relation to any offence under that Act.
2. It shall be the duty of the Board to enforce any order under section 1 of this Act.4

3. The Board may make, or may authorise any of its officers to make, any purchase
of goods for the purpose of determining whether any such order is being complied
with.5

4. (1) Proceedings for an offence under paragraph 1 above shall not be
instituted except by or with consent of the Attorney General.
(2) Proceedings for any such offence shall not be instituted —
(a) unless there has been served on the person charged a notice in
writing of the date and nature of the offence alleged, being (except
where he is a street trader or a non-resident trader as defined in
the Pedlars and Street Traders Act 1906 and the Non-Resident
Traders Act 1983 respectively) a notice served before the
expiration of the period of thirty days beginning with that date;
or6

(b) after the expiration of the period of three months beginning with
that date.
(3) Such notice as is mentioned in sub-paragraph (2)(a) above may be served
on any person either by serving it on him personally or by sending it to him by post at
his usual or last known residence or place of business in the Isle of Man or, in the case
of a company, at the company’s registered office.
5. (1) A duly authorised officer of the Isle of Man Office of Fair Trading may, at
all reasonable hours and on production, if so required, of his authority, enter any
premises (other than premises used only as a dwelling) where he has reason to believe
that goods are exposed for sale by retail and inspect the same for the purpose of
determining whether an offence under paragraph 1 above has been committed, and
Schedule
Price Marking Act 1976


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may seize anything which he has reason to believe may be required as evidence in
proceedings for such an offence.7

(2) Any person who —
(a) willfully obstructs an authorised officer acting under this
paragraph; or8

(b) without reasonable cause, fails to give to any authorised officer
any assistance or information which the authorised officer may
reasonably require for the performance of his functions under this
Schedule; or9

(c) with intent to deceive, gives, in compliance with a requirement
under sub-paragraph (b) above, information which to his
knowledge is or may be misleading, false or deceptive in a
material particular,
shall be guilty of an offence and shall be liable on summary conviction to
a fine not exceeding £2,500.
(3) Nothing in this paragraph shall be construed as requiring a person to
answer any question if to do so might incriminate him.
(4) In this paragraph, ‘duly authorised’ means authorised in writing by the
Board for the purposes of this paragraph.10

Offences by bodies corporate
6. Where an offence under this Schedule committed by a body corporate is proved
to have been committed with the consent or connivance of, or to be attributable to any
neglect on the part of, any director, manager, secretary or other similar officer of the
body corporate or any person who was purporting to act in such capacity, he, as well
as the body corporate, shall be guilty of the offence and shall be liable to be proceeded
against and punished accordingly.
Price Marking Act 1976 Endnotes


c AT 4 of 1976 Page 9

ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
Subs (1) amended by Board of Consumer Affairs Act 1981 Sch 2 and by SD579/98. 2
Para (d) amended by Board of Consumer Affairs Act 1981 Sch 2. 3
Subs (3) amended by Board of Consumer Affairs Act 1981 Sch 2 and by Interpretation
Act 1976 s 16A. 4
Para 2 amended by Consumer Protection Act 1991 Sch 4. 5
Para 3 amended by Consumer Protection Act 1991 Sch 4. 6
Item (a) amended by Non-Resident Traders Act 1983 Sch 2. 7
Subpara (1) amended by Fair Trading (Amendment) Act 2001 Sch 2. 8
Item (a) amended by Fair Trading (Amendment) Act 2001 Sch 2. 9
Item (b) amended by Fair Trading (Amendment) Act 2001 Sch 2. 10
Subpara (4) amended by Board of Consumer Affairs Act 1981 Sch 2.