Weights and Measures (Amendment) Act (Northern Ireland) 2000

Self-verification of weighing or measuring equipment

1

The Schedule (which amends the 1981 Order to allow self-verification of weighing or measuring equipment) shall have effect.

Testing by official EEA testers

2

After Article 9A of the 1981 Order (inserted by this Act) there shall be inserted the following Article—

(9B) (1) This Article applies where— (a) any equipment which has been tested by an official EEA tester is at any time submitted to an inspector under Article 9(3); (b) the test report of the official EEA tester is submitted to the inspector at that time; and (c) that report states which tests have been applied to the equipment and sets out the results of those tests. (2) Article 9 shall have effect as if— (a) sub-paragraph (a) of paragraph (3) required the inspector not to test the equipment in the manner mentioned in that sub-paragraph; and (b) sub-paragraphs (b) and (c) of that paragraph required him to rely, for the purposes of those sub-paragraphs, on the test report of the official EEA tester. (3) In this Article “official EEA tester”, in relation to the testing of equipment of any description, means a person who, at the time when the tests were applied— (a) had responsibility in an EEA State for the metrological control of equipment of that description; or (b) was accredited in an EEA State as a person operating a laboratory, in conformity with the criteria set out in the applicable European Standard, for the purpose of testing equipment of that description. (4) In paragraph (3) “EEA State” means a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.

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Pre-test stamping

3

• (1) After Article 13 of the 1981 Order there shall be inserted the following Article—

(13A) (1) Subject to paragraph (2), an approved verifier who is the manufacturer of any equipment to which Article 9 applies may apply the prescribed stamp to the equipment, notwithstanding that it has not been passed as fit for use for trade, if he is satisfied on reasonable grounds that it will not be used (whether for trade or otherwise) unless either— (a) the equipment has been passed as fit for use for trade; or (b) the stamp has been destroyed, obliterated or defaced. (2) A prescribed stamp shall not be applied under paragraph (1) unless the stamp includes the approved verifier’s number. (3) If any person contravenes paragraph (2), he shall be guilty of an offence and any equipment in respect of which the offence was committed shall be liable to be forfeited. (4) A prescribed stamp which has been duly applied to any equipment under paragraph (1) shall have effect as follows— (a) at any time before the equipment is passed as fit for use for trade, as an indication that, at the time when the stamp was applied, the approved verifier was satisfied as mentioned in paragraph (1); and (b) at any time after the equipment is so passed, as evidence of the passing of the equipment as fit for such use. (5) Where equipment to which a prescribed stamp has been duly applied under paragraph (1) is passed as fit for use for trade, nothing in Article 9(3)(b) or (3A)(b) shall require another such stamp to be applied to it. (6) Where the approved verifier fails to pass as fit for use for trade equipment to which a prescribed stamp has been applied under paragraph (1), he may destroy, obliterate or deface the stamp— (a) in any case where there is a prescribed manner of doing so, in that manner; and (b) in any other case, in such reasonable manner as will leave no doubt that the stamp has been intentionally destroyed, obliterated or defaced. (7) References in paragraphs (4) to (6) to prescribed stamps which have been applied do not include references to such stamps which have subsequently been destroyed, obliterated or defaced.

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• (2) In Article 2(2) of the 1981 Order (interpretation), in the definition of “stamp”, after the word “means” there shall be inserted the words “, subject to Article 13A(4),”.

• (3) In Article 47(1) of the 1981 Order (penalties), after “13(4),” there shall be inserted “13A(3),”.

Interpretation

4

In this Act “the 1981 Order” means the Weights and Measures (Northern Ireland) Order 1981 (NI 10).

Short title

5

This Act may be cited as the Weights and Measures (Amendment) Act (Northern Ireland) 2000.

SCHEDULE

1

The 1981 Order shall be amended as follows.

2

In Article 2(2) (interpretation), after the definition of “the Act of 1985” there shall be inserted the following definition—

“approved verifier” has the meaning given by Article 9(3B);

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3

In Article 9 (weighing or measuring equipment for use for trade)—

• (a) in paragraph (2) after the word “inspector” there shall be inserted the words “or approved verifier”;

• (b) in paragraph (3) after the word “passed”, in the first place where it occurs, there shall be inserted the words “by an inspector” and for the words “an inspector” there shall be substituted the words “the inspector”;

• (c) after paragraph (3) there shall be inserted the following paragraphs—

(3A) An approved verifier may (subject to the provisions of this Order, to any regulations under Article 13 and to any conditions included in his approval)— (a) test any equipment to which this Article applies by means of other equipment which has already been tested and which the verifier considers suitable for the purpose; (b) if the equipment being tested falls within such limits of error as may be prescribed, except as otherwise expressly provided by or under this Order, stamp it with the prescribed stamp; and (c) if the equipment being tested falls within such limits of error as may be prescribed, and by virtue of paragraph (7) is not required to be stamped as mentioned in sub-paragraph (b), make a statement in writing to the effect that it is passed fit for use for trade. (3B) In this Order “approved verifier”, in relation to weighing or measuring equipment of any class or description, means a person who— (a) is for the time being approved under Article 9A in relation to the testing, passing and stamping of weighing or measuring equipment of that class or description; or (b) is for the time being approved under the corresponding provisions of the law of Great Britain in relation to the testing, passing and stamping of weighing or measuring equipment of a similar class or description.

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• (d) in paragraph (4), for the words “paragraph (3)(b)(ii)” there shall be substituted the words “paragraph (3)(b) or (3A)(b)”.

4

After Article 9 there shall be inserted the following Article—

(9A) (1) Paragraph (2) applies where, as regards a person who carries on business (whether in Northern Ireland or elsewhere) as a manufacturer, installer or repairer of equipment to which Article 9 applies, the Department— (a) is satisfied that the person would, if approved under this Article, satisfy the requirements set out in Part II of Schedule 2A; and (b) considers the person a fit and proper person to be so approved. (2) The Department may approve the person for the purpose of— (a) testing any equipment to which Article 9 applies and which is manufactured, installed or repaired by him; (b) passing any such equipment as fit for use for trade; and (c) stamping any such equipment with the prescribed stamp. (3) Before granting an approval under this Article, the Department may carry out such audits and inspections of the person’s systems and procedures as it considers necessary to establish that the conditions of the approval would be observed. (4) Schedule 2A (which relates to approvals under this Article and matters connected with such approvals) shall have effect. (5) In that Schedule “approval” means an approval under this Article and “the verifier”, in relation to such an approval, shall be construed accordingly.

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5

In Article 12(1) (general specifications of equipment for use for trade), after the words “an inspector” there shall be inserted the words “or approved verifier”.

6

In Article 14 (offences in connection with stamping of equipment), in paragraph (1)(a) after the word “inspector”, in both places where it occurs, there shall be inserted the words “or approved verifier”.

7

In Article 41(1) (general powers of inspection and entry), at the end of sub-paragraph (a) there shall be added the words “or which has been, or which he has reasonable cause to believe to have been, passed by an approved verifier, or by a person purporting to act as such a verifier, as fit for such use”.

8

For paragraph (2) of Article 45 (offences in connection with office of inspector) there shall be substituted the following paragraphs—

(1A) Any approved verifier who— (a) stamps any weighing or measuring equipment in contravention of any provision of this Order or of any instrument made under it, or without duly testing it; or (b) commits any breach of any duty imposed on him by or under this Order, shall be guilty of an offence. (2) If any person who is not an inspector, or is not an approved verifier, acts or purports to act as such, he shall be guilty of an offence. (3) Articles 24(1) and 25(1) shall apply in relation to proceedings for an offence under paragraph (1A)(b) as they apply in relation to proceedings for an offence under Part V.

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9

After Schedule 2 there shall be inserted the following Schedule—