The Price Marking (Amendment) Order 2025

The Price Marking (Amendment) Order 2025 amends the 2024 Order, postponing its effective date to April 6, 2026.

Key changes include updated references to the Weights and Measures Act 1985, the Weights and Measures (Packaged Goods) Regulations 2006, and EU Regulation (EU) No. 1169/2011, concerning food information for consumers.

The amendment to article 9 provides greater flexibility regarding price reduction announcements for businesses.

Arguments For

  • Improved clarity and consistency in price marking regulations: The amendments aim to streamline and clarify the existing regulations, reducing ambiguity and making them easier for businesses to understand and comply with.

  • Alignment with EU legislation: The inclusion of references to EU Regulation (EU) No. 1169/2011 ensures the UK price marking rules remain consistent with wider European standards.

  • Flexibility for businesses: The amendment to article 9 allows for alternative methods of indicating price reductions where strictly adhering to the standard method is impractical, offering greater flexibility for businesses in situations with fluctuating prices.

  • Updated implementation timeline: The postponement of the implementation date provides businesses with additional time to adapt to the updated regulations, reducing the potential for immediate compliance issues.

Arguments Against

  • Increased regulatory burden on businesses: The changes, while intended to clarify matters, might add to the administrative burden on businesses concerning price marking, potentially requiring changes to existing systems and procedures.

  • Potential for unintended consequences: Amendments to complex legislation always hold a risk of unforeseen issues, including inconsistencies or loopholes that may benefit some businesses or disadvantage others.

  • Lack of a regulatory impact assessment: The absence of a specific RIA for this amendment makes it harder to thoroughly evaluate the potential economic and practical impacts on businesses and consumers before implementation.

  • Inconsistency with previous regulatory approach: The continual amendment of the 2024 Order suggests a certain instability in the regulatory strategy in this area, which might create confusion and uncertainty for businesses.

  1. Citation, commencement and extent (1) This Order may be cited as the Price Marking (Amendment) Order 2025 and comes into force on 30th September 2025. (2) This Order extends to Great Britain.
  1. Amendment of the Price Marking (Amendment) Order 2024 (1) The Price Marking (Amendment) Order 2024 is amended as follows. (2) In article 1(1) (citation, commencement and extent), for “1st October 2025” substitute “6th April 2026”. (3) In article 2 (amendment of the Price Marking Order 2004)— (a) in paragraph (3) for sub-paragraph (a) substitute— "(a) for “Parts IV or V of the Weights and Measures Act 1985” substitute “Part IV of the Weights and Measures Act 1985, regulation 5, 6 or 7 of the Weights and Measures (Packaged Goods) Regulations 2006, or article 9 of Regulation (EU) No. 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers" (b) for paragraph (6) substitute— "(6) For article 9 substitute— 9.Where— (a) 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 7(1); and (b) it is not reasonably practicable to indicate the reduced selling price or unit price in accordance with articles 4(1) and 5(1) for each of the products, the trader may comply with the obligations specified in articles 4(1) (to indicate the selling price) and 5(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." (c) in paragraph (9), for the text to be substituted for paragraph 3 substitute— "3 Any product which comprises an assortment of items— (a) which are either sold in a single package or at a lower price if a prescribed number or combination of items are purchased together and at the same time; and (b) where some of the items are sold— (i) according to weight and some according to volume; (ii) at different prices; or (iii) at different weights or volumes, when sold separately."

Explanatory Note (This note is not part of the Order) This Order amends articles 1(1), 2(3)(a), 2(6) and 2(9) of the Price Marking (Amendment) Order 2024 (S.I. 2024/1055) (“the 2024 Amendment Order”) which amends the Price Marking Order 2004 (S.I. 2004/102) (“the 2004 Order). Article 2(2) of this Order amends article 1(1) of the 2024 Amendment Order by amending its coming into force date from 1st October 2025 to 6th April 2026. Article 2(3)(a) of this Order amends article 2(3)(a) of the 2024 Amendment Order by including a reference to regulations 5, 6 or 7 of the Weights and Measures (Packaged Goods) Regulations 2006 (S.I. 2006/659) and article 9 of Regulation (EU) No. 1169/2011 for the purposes of amending article 5 of the 2004 Order. Article 2(3)(b) of this Order amends article 2(6) of the 2024 Amendment Order by amending the provision which replaces article 9 of the 2004 Order. Article 2(3)(c) of this Order amends article 2(9) of the 2024 Amendment Order by amending the provision which replaces paragraph 3 of Schedule 2 to the 2004 Order. A regulatory impact assessment has not been produced for this Order but a full regulatory impact assessment of the effect of the 2024 Amendment Order will have on the costs of business and the voluntary sector is available from the Department for Business and Trade at Old Admiralty Building, Admiralty Place, London SW1A 2DY and is published with the Explanatory Memorandum on www.legislation.gov.