Price Indicators (Jersey)
Regulations 2008
1 Interpretation
In these Regulations, unless the context
otherwise requires –
“advertisement” means any form of advertisement which is
made in order to promote the sale of goods, but does not include –
(a) any
advertisement by means of which a trader intends to encourage a consumer to
enter into a distance contract;
(b) a
catalogue or price list; or
(c) a
container or label;
“base price” means the price charged by a trader to a
consumer for a unit of goods or a given quantity of goods, exclusive of GST;
“consumer” means an individual who buys goods for
purposes that do not fall within the sphere of his or her commercial or
professional activity;
“distance contract” means any contract concerning goods
concluded between a trader and a consumer, by any means, without the
simultaneous physical presence of the trader and consumer;
“food” has the meaning given by Article 1 of the Food Safety (Jersey) Law 1966;
“goods sold from bulk” means goods which are not
pre-packaged and are weighed or measured at the request of the consumer;
“GST” means the goods and services tax charged under the
Goods and Services Tax
(Jersey) Law 2007;
“motor fuel” means petroleum-spirit and diesel fuel;
“motor vehicle” and “petroleum-spirit” have
the meanings given respectively to those expressions by Article 1 of the Petroleum (Jersey) Law 1984;
“selling price” means the final price to the consumer of
a unit of goods, or a given quantity of goods, being the base price plus the
GST (if any) charged on its supply;
“trader” means a person who sells or offers or exposes
for sale goods which fall within his or her commercial or professional
activity;
“UK price” means a price inclusive of VAT at which goods
identical to goods offered by a trader for sale to consumers in Jersey are
offered by that trader for sale to consumers in the United Kingdom (and, in a
case where the trader offers the goods for sale to consumers at more than one
location in the United Kingdom, a price is not a UK price unless it is the
price charged in respect of the goods at each and every such location);
“unit of measurement” means one kilogram, one pound, 100
grams, one quarter pound, one litre, one pint, one metre, one yard, one square
metre, one square yard, one cubic metre or one cubic yard;
“VAT” means value added tax as charged in accordance
with the Value Added Tax Act 1994 of the United Kingdom.[1]
2 Requirement
to indicate price of goods
(1) Where a trader
indicates that any goods are or may be for sale to a consumer, the trader shall
indicate the selling price of the goods in accordance with Regulations 3
to 5.
(2) Paragraph (1)
shall not apply –
(a) to
goods which are supplied in the course of the provision of a service;
(b) to
sales by auction or sales of works of art or antiques;
(c) except
as provided in Regulation 6, to an advertisement for the goods.
(3) The reference in
paragraph (2)(a) to the supply of goods in the course of the provision of
a service includes –
(a) the
supply of food on premises licensed under the Licensing (Jersey)
Law 1974; and
(b) the
supply of food at any place of refreshment within the meaning of the Places of Refreshment
(Jersey) Law 1967.
3 Price
to be indicated
(1) Prices shall be
indicated in sterling.
(2) The selling price to be
indicated in respect of goods sold from bulk shall be –
(a) where
the goods are sold by number, the selling price per individual item of the
goods;
(b) in
any other case, the selling price per stated unit of measurement of the goods.
(3) Subject to paragraph (4),
the selling price to be indicated in respect of goods which are not goods sold from
bulk shall be the selling price of the goods per unit of sale.
(4) Where –
(a) before
its importation into Jersey, food is packaged in the units in which it is to be
sold to consumers and a price, in sterling, is marked on the packaging; and
(b) the price
marked on the packaging is not the selling price,
the selling price may be indicated by a combination of the price
marked on the packaging and either –
(i) an
indication of the selling price of the food in proximity to the food and a
notice indicating that the selling price of the food is that price and not the
price marked on the packaging, or
(ii) an
indication of the amount, or of the percentage of the price marked on the
packaging, which is to be added to that price in order to determine the selling
price.[2]
(5) Where –
(a) a
newspaper, periodical or book is printed with a price, in sterling, marked on
it before its importation into Jersey, or is imported into Jersey in digital
format with a price, in sterling, marked on it and is printed in Jersey with
that price marked on it; and
(b) the
price marked on the newspaper, periodical or book is not the selling price,
the selling price may be indicated by a combination of the price
marked on the newspaper, periodical or book and either –
(i) an
indication of the selling price of the newspaper, periodical or book in
proximity to the newspaper, periodical or book and a notice indicating that the
selling price of the newspaper, periodical or book is that price and not the
price marked on the newspaper, periodical or book, or
(ii) an
indication of the amount, or of the percentage of the price, marked on the
newspaper, periodical or book which is to be added to that price in order to
determine the selling price.[3]
(6) Any charge that is made
for postage, package or delivery of the goods shall also be indicated.
4 Manner
and placement of indicators
(1) Prices, amounts,
percentages and charges required to be indicated in accordance with
Regulation 3 shall be displayed –
(a) in a
manner that is unambiguous, easily identifiable and clearly legible;
(b) subject
to paragraph (4), on or in proximity to the goods; and
(c) so
placed as to be available to consumers without the need for them to seek
assistance from the trader or someone on the trader’s behalf to ascertain
the selling price.
(2) Except as permitted by
paragraph (3) or Regulation 5, the requirement in paragraph (1)(a)
to display a price in a manner that is unambiguous shall not be satisfied
where –
(a) a
price is marked on goods which is not the selling price; and
(b) the
selling price is indicated in proximity to the goods (whether or not there is
also an indication that the price marked on the goods is not the selling
price).
(3) The requirement in
paragraph (1)(a) to display a price in a manner that is unambiguous may be
satisfied, in a case described in Regulation 3(4)(a) and (b) or (5)(a) and
(b), where there is indicated in proximity to the goods –
(a) the
selling price; and
(b) that
the price marked on the goods or, as the case requires, printed on the
newspaper, periodical or book, is not the selling price.
(4) Paragraph (1)(b)
shall 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, if the price exceeds £3,000.
(5) Subject
to the exception in paragraph (7), paragraphs (6) to (8) of this
Regulation apply in the case of motor fuel sold from bulk, and in respect of
each type and grade of such fuel.[4]
(6) Where
this paragraph applies, the requirement in paragraph (1)(a) to display a
price in a manner which is unambiguous shall not be satisfied where a price is
displayed (whether in proximity to the selling price or otherwise) –
(a) which
is not the selling price at which a unit of fuel is offered for sale generally
to all consumers, but
(b) is a
price at which fuel is offered for sale to a particular class of consumers
only, whether by reason of any condition attaching to the sale or for any other
reason whatever.[5]
(7) Nothing
in paragraph (6) shall prevent fuel being offered for sale at a discounted
price, provided that the discounted price and the conditions, if any, upon
which the discount is made available are indicated as such and displayed in
accordance with these Regulations (except that paragraph (8) shall not
apply in respect of a discounted price).[6]
(8) Where
this paragraph applies, the requirement in paragraph (1)(a) to display a
price in a manner that is clearly legible and the requirement in paragraph (1)(c)
shall not be satisfied unless the selling price per stated unit of measurement
of the fuel is displayed –
(a) on
the premises from which the fuel is sold;
(b) for a
period which must be no shorter than the period during which the premises are
open for sale of the fuel; and
(c) in
such a manner that the selling price may easily be read –
(i) by a person in a
motor vehicle on the highway,
(ii) from
whichever direction such a person may lawfully approach and enter the premises.[7]
5 Price
reductions[8]
(1) This Regulation applies
where a trader proposes to sell goods to which the requirement in
Regulation 2 applies –
(a) at
less than the UK price applicable in respect of such goods; or
(b) at
less than the selling price previously applicable.
(2) Where this Regulation applies
by reason of the case described in paragraph (1)(a), the trader shall be
taken to have satisfied the requirement to indicate the selling price if the
trader indicates one of the following –
(a) the
UK price together with the percentage which is to be deducted from that price
in order to determine the selling price;
(b) the
UK price together with, in close proximity to the goods, the selling price; or
(c) the
UK price and, by a general notice or other visible means, that the goods are or
may be for sale at a reduction.
(3) Where this Regulation
applies by reason of the case described in paragraph (1)(b), the trader
shall be taken to have satisfied the requirement to indicate the reduced
selling price if the trader indicates, by a general notice or other visible means,
that the goods are or may be for sale at a reduction.
(4) For the purposes of
paragraph (2) it does not matter whether the UK price is marked or printed
on the goods or on the packaging of the goods or is otherwise attached to the
goods or is displayed in proximity to the goods.
(5) The details of a
reduction shall be displayed in a manner that is unambiguous, easily
identifiable and clearly legible, and for this purpose ‘reduction’
includes the percentage to be deducted as required by paragraph (2)(a).
6 Application
to prices indicated in advertisements
(1) This Regulation applies
where a trader chooses to indicate, in an advertisement, the price of goods
which are or may be for sale to a consumer.
(2) Prices shall be
indicated in sterling.
(3) The selling price to be
indicated in respect of goods sold from bulk shall be the price required by
Regulation 3(2).
(4) The selling price to be
indicated in respect of goods which are not goods sold from bulk shall be the
selling price of the goods per unit of sale.
(5) Any charge which is
made for the postage, package or delivery of the goods shall also be indicated.
(6) The price and any
charge shall be indicated in a manner that is unambiguous.
7 Offences
(1) A person who
contravenes any requirement of these Regulations is guilty of an offence and
liable to a fine of level 3 on the standard scale.
(2) Where the commission by
a person of an offence under paragraph (1) is due to the act or default of
some other person, that other person shall be guilty of the offence and may be
proceeded against and convicted of the offence pursuant to Article 2(5)(a)
of the Price and Charge Indicators
(Jersey) Law 2008, whether or not proceedings are taken against the first-mentioned
person.
(3) In any proceedings for
an offence under paragraph (1) it shall, subject to paragraph (4), be
a defence for the person charged to prove –
(a) that the commission of
the offence was due to a mistake or to reliance on information supplied to him
or her or to the act or default of another person, an accident or some other
cause beyond his or her control; and
(b) that he or she took all
reasonable precautions and exercised all due diligence to avoid the commission
of such an offence by him or her or by any person under his or her control.
(4) Where, in any case, the
defence provided by virtue of paragraph (3) involves the allegation that
the commission of the offence was due to the act or default of another person
or to reliance on information supplied by another person, the person charged
shall not, without leave of the court, be entitled to rely on that defence
unless, within a period ending 7 clear days before the hearing, he or she
has served on the Attorney General a notice in writing giving such information
identifying or assisting in the identification of that other person as was then
in his or her possession.
8 Citation
These Regulations may be
cited as the Price Indicators (Jersey) Regulations 2008.