The Measuring Instruments (EEC Pattern Approval Requirements) (Fees) Regulations 1987

Made: 1st May 1987

Laid before Parliament: 11th May 1987

Coming into force: 1st June 1987

The Secretary of State for Trade and Industry, with the consent of the Treasury, in exercise of the powers conferred on him by section 56(1) and (2) of the Finance Act 1973^f00001, and of all other powers enabling him in that behalf, hereby makes the following Regulations:

1

• (1) These Regulations may be cited as the Measuring Instruments (EEC Pattern Approval Requirements) (Fees) Regulations 1987 and shall come into force on 1st June 1987.

• (2) The Measuring Instruments (EEC Pattern Approval Requirements) (Fees) (No. 2) Regulations 1981^f00002, the Measuring Instruments (EEC Pattern Approval Requirements) (Fees) (Amendment) Regulations 1985^f00003 and the Measuring Instruments (EEC Pattern Approval Requirements) (Fees) (Amendment) Regulations 1986^f00004 are hereby revoked.

2

In these Regulations —

• “the principal Regulations” means the Measuring Instruments (EEC Requirements) Regulations 1980^f00005;

• “the relevant Community obligations” means the Community obligations of the United Kingdom under Council Directive No. 71/316/EEC^f00006 (which relates to measuring instruments in general) and the following Council Directives:— Council Directive No.Subject Matter 71/319/EEC^f00007meters for liquids other than water71/348/EEC^f00008ancillary equipment for meters for liquids other thanas amended^f00009water73/360/EEC^f00010non-automatic weighing machinesas amended^f0001173/362/EEC^f00012material measures of lengthas amended^f0001375/33/EEC^f00014cold-water meters75/410/EEC^f00015continuous totalising weighing machines76/765/EEC^f00016alcoholometers and alcohol hydrometers77/95/EEC^f00017taximeters77/313/EEC^f00018measuring systems for liquids other than wateras amended^f0001978/1031/EEC^f00020automatic checkweighing and weight grading machines79/830/EEC^f00021hot-water meters

3

• (1) The fees payable in connection with the services provided by the Department of Trade and Industry in pursuance of the relevant Community obligations relating to the grant and extension of EEC pattern approval and modifications or additions to EEC approved patterns, implemented by regulation 7 of, and Schedule 2 to, the principal Regulations, shall be determined and payable in accordance with the Schedule hereto, whether or not EEC pattern approval is granted or extended as the case may be.

• (2) In the case of alcoholometers and alcohol hydrometers and taximeters, in respect of which regulation 7 of and Schedule 2 to the principal Regulations are applied by regulation 5 of the Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977^f00022 and regulation 6 of the Taximeters (EEC Requirements) Regulations 1979^f00023 respectively, the fees shall be determined and payable as in paragraph (1) above.

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All fees received under these Regulations shall be paid into the Consolidated Fund.

SCHEDULE — FEES FOR EEC PATTERN APPROVAL

1

• (1) Where regulation 7(1) or (5) of the principal Regulations applies (application for grant or extension of EEC pattern approval), the fees shall be—

• (a) an amount calculated to the nearest quarter of an hour in respect of any time taken by examination staff conducting the examination at the rate of £33.00 per hour and by equipment test unit staff in testing the pattern at the rate of £27.00 per hour, including any time spent in travelling, and any time during which the pattern is tested in an environmental testing chamber at the rate of £10.00 per hour, due and payable as indicated in sub-paragraphs (2) and (3) below; and

• (b) the amount of additional expenses, if any, incurred by or occasioned to the Secretary of State, by reason of any part of the examination taking place at a place other than the National Weights and Measures Laboratory of the Department of Trade and Industry, due and payable as indicated in sub-paragraphs (2) and (3) below.

• (2) Subject to sub-paragraph (3) below, the amounts referred to in sub-paragraphs (1)(a) and (b) above shall be due and payable on the service on the applicant of an invoice from the Secretary of State quarterly in arrears.

• (3) On completion of the examination, the Secretary of State shall serve an invoice on the applicant for the final amount of the fees, together with the notification of such completion, and the final amount shall thereupon, and before notification of the result, be due and payable to the Secretary of State.

2

• (1) Where regulation 7(2) of the principal Regulations applies (application for approval of modifications or additions to an EEC approved pattern), the fees shall be—

• (a) an amount calculated as indicated in paragraph 1(1)(a) above, due and payable as indicated in sub-paragraphs (2) and (3) below; and

• (b) the amount of additional expenses, if any, incurred by or occasioned to the Secretary of State, by reason of any part of the examination taking place at a place other than the National Weights and Measures Laboratory of the Department of Trade and Industry, due and payable as indicated in sub-paragraph (3) below.

• (2) The Secretary of State shall, on receipt of an application for approval of modifications or additions to an EEC approved pattern, estimate to the nearest hour the time to be taken in conducting the examination and testing the pattern and thereby estimate the amount to be payable in accordance with sub-paragraph (1)(a) above, and shall serve an invoice on the applicant for the amount so estimated, which shall thereupon be due and payable to the Secretary of State.

• (3) On completion of the examination, the Secretary of State shall—

• (a) serve an invoice on the applicant for the final amount of the fees, together with the notification of such completion, and the final amount, after deducting the amount received under sub-paragraph (2) above, shall thereupon, and before notification of the result, be due and payable to the Secretary of State; or

• (b) if the amount received under sub-paragraph (2) above exceeds the final amount, repay the balance to the applicant.

Signed

Lucas of Chilworth — Parliamentary Under Secretary of State, — Department of Trade and Industry — 27th April 1987

We consent,

Michael Neubert — Tony Durant — Two of the Lords Commissioners of Her Majesty’s Treasury — 1st May 1987

Explanatory note

(This note is not part of the Regulations)

These Regulations replace the Measuring Instruments (EEC Pattern Approval Requirements) (Fees) (No. 2) Regulations 1981 (S.I. 1981/1825), the Measuring Instruments (EEC Pattern Approval Requirements) (Fees) (Amendment) Regulations 1985 (S.I. 1985/852) and the Measuring Instruments (EEC Pattern Approval Requirements) (Fees) (Amendment) Regulations 1986 (S.I. 1986/831). They increase the fees payable in connection with services provided by the Department of Trade and Industry in respect of an application for grant of an EEC pattern approval, including approval of modifications or additions to an EEC approved pattern, and provide a fee on an application for extension of an EEC pattern approval, of the following measuring instruments—

• (a) meters for liquids other than water;

• (b) ancillary equipment for meters for liquids other than water;

• (c) non-automatic weighing machines;

• (d) material measures of length;

• (e) cold-water meters;

• (f) continuous totalising weighing machines;

• (g) alcoholometers and alcohol hydrometers;

• (h) taximeters;

• (i) measuring systems for liquids other than water;

• (j) automatic checkweighing and weight grading machines;

• (k) hot-water meters.

The increased fees for examiner staff time are £33.00 per hour (from £30.80 per hour), for equipment test unit staff time £27.00 per hour (from £24.20 per hour) and for use of an environmental testing chamber £10.00 per hour (from £4.00 per hour).

Footnotes

[^f00001]: 1973 c. 51.

[^f00002]: S.I. 1981/1825.

[^f00003]: S.I. 1985/852.

[^f00004]: S.I. 1986/831.

[^f00005]: S.I. 1980/1058, amended by S.I. 1981/1727, 1983/530, 1984/1618, 1985/306, 1871.

[^f00006]: OJ No.L202,6.9.1971,p.1 (OJ/SE 1971 (II)p.707), as amended by Council Directive No. 72/427/EEC (OJ No. L291,28.12.1972,p.156, OJ/SE 1972, 28—30 Dec,p.71), Cmnd.7463,p.174, and Council Directive No. 83/575/EEC (OJ No. L332, 28.11.1983, p.43).

[^f00007]: OJ No.L202,6.9.1971,p.32 (OJ/SE 1971 (III)p.740).

[^f00008]: OJ No.L239,25.10.1971, p.9 (OJ/SE 1971(III)p.860).

[^f00009]: Cmnd.7463, p.175.

[^f00010]: OJ No.L335,5.12.1973,p.1.

[^f00011]: OJ No.L236,27.8.1976,p.26.

[^f00012]: OJ No. L335, 5.12.1973, p.56.

[^f00013]: OJ No. L206, 29.7.1978, p.8.

[^f00014]: OJ No. L14,20.1.1975, p.1.

[^f00015]: OJ No. L183,14.7.1975,p.25.

[^f00016]: OJ No.L262,27.9.1976,p.143.

[^f00017]: OJ No.L26,31.1.1977,p.59.

[^f00018]: OJ No.L105,28.4.1977,p.18.

[^f00019]: OJ No. L252, 27.8.1982, p.10.

[^f00020]: OJ No.L364,27.12.1978,p.1.

[^f00021]: OJ No.L259,15.10.1979,p.1.

[^f00022]: S.I. 1977/1753, to which there are amendments not relevant to these Regulations.

[^f00023]: S.I. 1979/1379, to which there are amendments not relevant to these Regulations.