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The Measuring Instruments (EEC Requirements) Regulations 1988

Type Statutory-Instrument
Publication 1988-02-09
Last updated 2020-12-31
State In force
Department King's Printer of Acts of Parliament
Source legislation.gov.uk
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  • and9In the case of–imeters for pressurised liquefied gas to which the Directive on meters for liquids other than water applies;iian instrument of a category to which the Directive on the measuring of the standard mass per storage volume of grain applies;iiia measure of length in class I within the meaning of the Directive on material measures of length;iva weight of a category to which the Directive on above-medium accuracy weights applies;va pressurised liquefied gas measuring system of a category to which the Directive on measuring systems for liquids other than water applies;vian instrument of a category to which the Directive on non-automatic weighing machines applies of a class of special accuracy or high accuracy bearing the identifying symbol[image omitted]or[image omitted]respectively;the application for EEC initial verification shall be made to the Secretary of State or, if the Department for the Economy is nominated by the Secretary of State to carry out such verification of all or any of the instruments specified above, then to an inspector.Until the Department for the Economy shall be so nominated the preceding provisions of this Regulation and the provisions of Schedule 3 to these Regulations shall have effect as if reference to an inspector included reference to the Secretary of State..

4

In Regulation 21–

  • (a) in paragraph (7), the reference to the Secretary of State shall be a reference to the Department for the Economy; and
  • (b) for paragraph (8) there shall be substituted the following–

(8) In the case of an instrument to which Regulation 13(9) above applies the preceding provisions of this Regulation (other than paragraph (5)) shall have effect as if references to an inspector were references to the Secretary of State, or to an inspector when the Department for the Economy is nominated by the Secretary of State for the purposes of Regulation 13(9) above.

5

In Regulations 23(1) and 24(1) for the words “section 11(2) of the Act” there shall be substituted the words “Article 9(2) of the Order”.

6

For Regulation 25(5) there shall be substituted the following–

(5) In the case of an instrument to which Regulation 13(9) above applies this Regulation shall have effect as if the reference in paragraph (1)(a) above to an inspector or person acting under his authority were a reference to the Secretary of State, or to an inspector when the Department for the Economy is nominated by the Secretary of State for the purposes of Regulation 13(9) above.

7

In Regulation 26–

  • (a) in paragraphs (1) and (2), the words “within the area for which he was appointed inspector” shall be omitted;
  • (b) in paragraph (3), for the word “information” there shall be substituted the word “complaint”; and
  • (c) for paragraph (7) there shall be substituted the following–

(7) In this Regulation “credentials”, in relation to an inspector, means some duly authenticated document showing that he is authorised to act as an inspector.

8

In Regulation 27(3) after the word “information” there shall be inserted the words “(other than his name and address)”.

9

For Regulation 29 there shall be substituted the following–

(29) No proceedings for an offence under these Regulations may be instituted except by the Department for the Economy or the Director of Public Prosecutions for Northern Ireland.

SCHEDULE 6 — REVOCATIONS

Regulations Extent of revocation
The Measuring Instruments (EEC Requirements) Regulations 198025 The whole Regulations
The Measuring Instruments (EEC Requirements) (Amendment) Regulations 198126 The whole Regulations
The Measuring Instruments (EEC Requirements) (Amendment) Regulations 198327 The whole Regulations
The Measuring Instruments (EEC Requirements) (Amendment) Regulations 198428 The whole Regulations
The EEC Requirements (Amendment) Regulations 198529 Regulation 6
The Measuring Instruments (EEC Requirements) (Amendment) Regulations 198530 The whole Regulations

Signed

John Butcher — Parliamentary Under-Secretary of State, — Department of Trade and Industry — 1988-02-09

Explanatory note

(This note is not part of the Regulations)

These Regulations replace the Measuring Instruments (EEC Requirements) Regulations 1980 as amended. The Regulations implement Council Directive No. 71/316/EEC (O.J. L202, 6.9.71, p.1, O.J./S.E. 1971(II) p.707) relating to measuring instruments and methods of metrological control, as amended by Council Directives No. 72/427/EEC (O.J. L291, 28.12.72, p.156, O.J./S.E.1972, 28–30 Dec., p.71), No. 83/575/EEC (O.J. L332, 28.11.83, p.43), No. 87/354/EEC (O.J. L192, 11.7.87, p.43) and No. 87/355/EEC (O.J. L192, 11.7.87, p.46). They also implement the Council Directives relating to particular categories of instruments, which are mentioned in Regulation 2(1). Together these Directives provide procedures and requirements for instruments to receive EEC pattern approval and EEC initial verification as an alternative to complying with national law in each of the member States.

The principal provisions of the Regulations are as follows:–

  • (1) Provision is made for the Secretary of State, on application being made for that purpose, to approve patterns of instruments which comply with the relevant Council Directive relating to that category of instruments (Regulation 8);
  • (2) Provision is also made for the initial verification of measuring instruments to determine whether they comply with the approved pattern (if there is one), whether granted in the United Kingdom or in another member State, and with the provisions of the relevant Council Directive, and for the application of the mark of EEC initial verification. The application for EEC initial verification is to be made to the local weights and measures inspector with the exception of certain types of instruments where it is to be made to the Secretary of State or to an inspector of a nominated local weights and measures authority only (Regulation 13);
  • (3) The signs and marks relating to EEC pattern approval and to EEC initial verification are described (Regulation 4 and Schedule 1) and examples are given;
  • (4) The prohibition on the use for trade etc. of weighing or measuring equipment of a class or description prescribed under section 11 of the Weights and Measures Act 1985, or Article 9 of the Weights and Measures (Northern Ireland) Order 1981, unless passed as fit for such use and generally stamped, is not to apply to measuring instruments bearing the sign of EEC pattern approval and exemption from EEC initial verification or the mark of EEC initial verification whether that sign or mark was applied in the United Kingdom or in another member State. Particular requirements apply in relation to the use of non-automatic weighing machines (Regulation 6);
  • (5) The particular categories of measuring instruments to which the Regulations apply are described in Regulation 3;
  • (6) The Regulations include provision for offences and penalties (Regulations 25 and 30) in connection with the misuse of EEC signs and marks, and also include powers of inspection of measuring instruments, and entry of premises for the enforcement of the Regulations (Regulation 26).

The principal changes in these Regulations are that the Regulations are applied to tyre pressure gauges to which Council Directive No. 86/217/EEC applies, and that the in-service limits of error for cold-water meters are amended.

Footnotes

2

1972 c. 68; section 2 is subject to Schedule 2 to that Act and is to be read, as regards England and Wales, with section 32(7) and (9) of the Magistrates' Courts Act 1980 (c. 43), and S.I. 1984/447, as regards Scotland, with section 289B(4) and (6) of the Criminal Procedure (Scotland) Act 1975 (c. 21), as inserted by paragraph 5 of Schedule 11 to the Criminal Law Act 1977 (c. 45) and amended by section 55(2) of the Criminal Justice Act 1982 (c. 48) and S.I. 1984/526 and, as regards Northern Ireland, with S.I. 1984/703 (N.I.3) and S.R.(N.I.) 1984 No. 253.

3

O.J. No. L202, 6.9.1971, p.14.

4

O.J. No. L202, 6.9.1971, p.32.

5

O.J. No. L239, 25.10.1971, p.1, as amended by Cmnd 5179–I p.181.

6

O.J. No. L239, 25.10.1971, p.9, as amended by Cmnd 5179–I p.182.

7

O.J. No. L335, 5.12.1973, p.1, as amended by Commission Directive No. 76/696/EEC (O.J. No. L236, 27.8.1976, p.26).

8

O.J. No. L252, 27.8.1982, p.2.

9

O.J. No. L335, 5.12.1973, p.56.

10

O.J. No. L206, 29.7.1978, p.8.

11

O.J. No. L54, 23.2.1985, p.29.

12

O.J. No. L84, 28.3.1974, p.3.

13

O.J. No. L14, 20.1.1975, p.1.

14

O.J. No. L183, 14.7.1975, p.25.

15

O.J. No. L105, 28.4.1977, p.18.

16

O.J. No. L252, 27.8.1982, p.10.

17

O.J. No. L364, 27.12.1978, p.1.

18

O.J. No. L259, 15.10.1979, p.1.

19

O.J. No. L152, 6.6.1986, p.48.

20

S.I. 1983/1390, to which there are amendments not relevant to these Regulations.

22

S.I. 1963/1710, to which there are amendments not relevant to these Regulations.

1

  • (1) The sign of EEC pattern approval is a stylized letter ε containing–
  • (a) in the upper part, the distinguishing capital letter of the State which granted the approval (B for Belgium, D for Germany, DK for Denmark, E for Spain, F for France, EL for Greece, I for Italy, IRL for Ireland, L for Luxembourg, NL for the Netherlands, P for Portugal, UK for the United Kingdom, A for Austria, S for Sweden, FI for Finland, CZ for the Czech Republic, EST for Estonia, CY for Cyprus, LV for Latvia, LT for Lithuania, H for Hungary, M for Malta, PL for Poland, SI for Slovenia, SK for Slovakia, BG for Bulgaria, RO for Romania) and the last two digits of the year of approval; and
  • (b) in the lower part, an identification number determined by the metrological service of the State which granted approval.
  • (2) The following is an example of the sign of EEC pattern approval, in the form appropriate for an EEC pattern approval granted in the United Kingdom:
  • (3) The identification number in the lower part of the United Kingdom sign of EEC pattern approval shall be a number determined by the Secretary of State.

The attached drawings show the shape, dimensions and out-line of the letters and numbers for the mark of EEC initial verification and the mark of EEC partial verification. Drawing A shows the constituent parts of the stamp described in paragraph 5(2) above; the mark of EEC partial verification described in paragraph 6 above consists of this stamp only. Drawing B shows the constituent parts of the second stamp, described in paragraph 5(3) above. Drawing C is an example of the mark of EEC initial verification consisting of the stamp described in paragraph 5(2) above, and that described in paragraph 5(3) above. Drawing D is an example of the mark of EEC initial verification, consisting of the stamp described in paragraph 5(4) above.

The dimensions given in the drawings are relative values; they are a function of the diameter of the circle described about the letter `e' and about the field of the hexagon. The actual diameter of the describing circles shall be chosen from 1.6 mm, 3.2 mm, 6.3 mm and 12.5 mm.

Editorial notes

31

Reg. 29 in force at 14.3.1988, see reg. 1(1)

32

Sch. 2 para. 5 in force at 14.3.1988, see reg. 1(1)

33

Reg. 18 in force at 14.3.1988, see reg. 1(1)

36

Sch. 5 para. 6 in force at 14.3.1988, see reg. 1(1)

38

Reg. 7 in force at 14.3.1988, see reg. 1(1)

39

Reg. 8 in force at 14.3.1988, see reg. 1(1)

40

Sch. 2 para. 3 in force at 14.3.1988, see reg. 1(1)

41

Sch. 1 para. 4 in force at 14.3.1988, see reg. 1(1)

43

Reg. 14 in force at 14.3.1988, see reg. 1(1)

44

Reg. 1 in force at 14.3.1988, see reg. 1(1)

46

Sch. 3 para. 1 in force at 14.3.1988, see reg. 1(1)

47

Reg. 30 in force at 14.3.1988, see reg. 1(1)

49

Reg. 19 in force at 14.3.1988, see reg. 1(1)

50

Sch. 5 para. 4 in force at 14.3.1988, see reg. 1(1)

51

Sch. 1 para. 1 in force at 14.3.1988, see reg. 1(1)

52

Sch. 5 para. 5 in force at 14.3.1988, see reg. 1(1)

55

Reg. 5 in force at 14.3.1988, see reg. 1(1)

56

Reg. 4 in force at 14.3.1988, see reg. 1(1)

59

Reg. 6 in force at 14.3.1988, see reg. 1(1)

61

Reg. 28 in force at 14.3.1988, see reg. 1(1)

63

Sch. 5 para. 8 in force at 14.3.1988, see reg. 1(1)

64

Sch. 3 para. 3 in force at 14.3.1988, see reg. 1(1)

65

Sch. 6 in force at 14.3.1988, see reg. 1(1)

66

Reg. 11 applied (1.1.1995) by S.I. 1993/2360, reg. 7 (as amended by The Medical Devices Regulations 1994 (S.I. 1994/3017), regs. 1(b), 26(4))

67

Reg. 15 in force at 14.3.1988, see reg. 1(1)

68

Sch. 5 para. 1 in force at 14.3.1988, see reg. 1(1)

69

Reg. 17 in force at 14.3.1988, see reg. 1(1)

70

Reg. 16 in force at 14.3.1988, see reg. 1(1)

71

Reg. 2 in force at 14.3.1988, see reg. 1(1)

72

Reg. 11 in force at 14.3.1988, see reg. 1(1)

75

Reg. 13 in force at 14.3.1988, see reg. 1(1)

77

Sch. 5 para. 7 in force at 14.3.1988, see reg. 1(1)

79

Reg. 9 in force at 14.3.1988, see reg. 1(1)

80

Sch. 3 para. 4 in force at 14.3.1988, see reg. 1(1)

83

Reg. 20 in force at 14.3.1988, see reg. 1(1)

84

Reg. 10 in force at 14.3.1988, see reg. 1(1)

86

Sch. 4 in force at 14.3.1988, see reg. 1(1)

88

Sch. 5 para. 3 in force at 14.3.1988, see reg. 1(1)

95

Sch. 5 para. 2 in force at 14.3.1988, see reg. 1(1)

97

Sch. 2 para. 1 in force at 14.3.1988, see reg. 1(1)

100

Reg. 25 in force at 14.3.1988, see reg. 1(1)

101

Reg. 3 in force at 14.3.1988, see reg. 1(1)

103

Sch. 1 para. 3 in force at 14.3.1988, see reg. 1(1)

106

Reg. 22 in force at 14.3.1988, see reg. 1(1)

107

Reg. 23 in force at 14.3.1988, see reg. 1(1)

108

Sch. 1 para. 5 in force at 14.3.1988, see reg. 1(1)

112

Reg. 24 in force at 14.3.1988, see reg. 1(1)

113

Sch. 5 para. 9 in force at 14.3.1988, see reg. 1(1)

115

Reg. 21 in force at 14.3.1988, see reg. 1(1)

118

Sch. 3 para. 2 in force at 14.3.1988, see reg. 1(1)

119

Sch. 1 para. 6 in force at 14.3.1988, see reg. 1(1)

121

Sch. 2 para. 2 in force at 14.3.1988, see reg. 1(1)

123

Sch. 3 para. 5 in force at 14.3.1988, see reg. 1(1)

125

Reg. 26 in force at 14.3.1988, see reg. 1(1)

126

Sch. 2 para. 4 in force at 14.3.1988, see reg. 1(1)

128

Reg. 12 in force at 14.3.1988, see reg. 1(1)

129

Sch. 1 para. 2 in force at 14.3.1988, see reg. 1(1)

132

Sch. 1 Annex in force at 14.3.1988, see reg. 1(1)

Conditions in EEC pattern approvals requiring notice of place of installation: effect after EU exit

15A

  • (1) This regulation applies where an EEC pattern approval granted before IP completion day is subject to a condition requiring notice of the place of installation to be given to the competent authorities of member States in which instruments of the pattern in question are to be installed.
  • (2) For the purposes of these Regulations the condition is to be treated as including a requirement for such notice to be given to the Secretary of State if any such instrument is to be installed in the United Kingdom.

Enforcement of conditions applicable to EEC limited pattern approval

Effect of revocation of EEC pattern approval

Effect of non-extension of EEC pattern approval

Temporary prohibition of sale or use

Re-testing after dismantling

Obliteration of EEC signs and marks

Lawful use for trade of meter measuring systems where marks of EEC initial verification destroyed, obliterated or defaced

Unauthorised application of EEC signs and marks etc.

Powers of inspection and entry

Obstruction of inspectors

Offences by corporations

Prosecution and punishment of offences under these Regulations

2A

  • (1) In the following provisions omit “other than the United Kingdom”—
  • (a) regulation 10;
  • (b) regulation 12(1) and (2);
  • (c) regulation 13(8);
  • (d) regulation 17(1) and (5);
  • (e) regulation 18;
  • (f) regulation 19(1) and (2);
  • (g) regulation 20(1)(a) and (3);
  • (h) regulation 21(5);

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