The Weighing Equipment (Non-automatic Weighing Machines) (Amendment) Regulations 1988

Made: 5th December 1988

Laid before Parliament: 12th December 1988

Coming into force: 3rd January 1989

The Secretary of State, in exercise of the powers conferred by sections 11(1) and (4), 15(1), 86(1) and 94(1) of the Weights and Measures Act 1985[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

1

These Regulations may be cited as the Weighing Equipment (Non-automatic Weighing Machines) (Amendment) Regulations 1988 and shall come into force on 3rd January 1989.

2

The Weighing Equipment (Non-automatic Weighing Machines) Regulations 1988[^f00002] are hereby amended as follows:

• (a) in regulation 4, by deleting paragraph (6) and substituting therefor:

(6) No person shall use a Class IIII non-automatic weighing machine for trade for any purpose— (a) other than— (i) for weighing ballast; (ii) for weighing other goods, in accordance with the published particulars of the approved pattern; or (iii) for use as a customer check weighing machine; or (b) unless it is of a type described in paragraph 16(a) in Part V of Schedule 2 to these Regulations and first stamped before 1st November 1988, or in paragraph 16(b) or (d) in that Part for machines which cannot be classified as Class III except in the case of counter machines of the type known as“common form” and made before 1st November 1988 in accordance with the provisions of the Weights and Measures Regulations 1963[^f00003].

• (b) in regulation 10(2), by adding at the end the words“in relation to machines without level indicating devices”;

• (c) by substituting for regulation 12 the following regulation:

(12) Where a non-automatic weighing machine is installed in a pit which forms the base and sides of the machine, the pit shall be provided with adequate drainage.

• (d) in regulation 37—

• (i) by deleting paragraph (3) and substituting therefor:

(3) Notwithstanding paragraph (1) above in relation to the tilt testing requirements, a non-automatic weighing machine which is or could be marked or may— (i) be first passed as fit for use for trade before 4th April 1989 and continue to be passed as fit for use for trade if it bears the legend“Only to be used on a level surface”; or (ii) in the case of a machine which was first passed as fit for use for trade before 1st November 1988 continue to be passed as fit for use for trade if it bears the legend in subparagraph (i) above or until 1st March 1990 if there is no legend, Provided in either case that it meets the tilt testing requirements for a machine having an adjustable levelling device or devices instead of the requirements in paragraph 16 of Schedule 3 which would otherwise apply to it.

; and

• (ii) in paragraph (4), by deleting the words“a non-automatic weighing machine” and substituting therefor“in so far as concerns errors over the first part of the range, a non-automatic weighing machine (other than a self or semi self indicating graduated machine with an analogue indicating device)”;

• (e) in regulation 40(3), by deleting the words“a non-automatic weighing machine” and substituting therefor“in so far as concerns errors over the first part of the range, a non-automatic weighing machine (other than a self or semi self indicating graduated machine with an analogue indicating device)”;

• (f) in Schedule 2—

• (i) in paragraphs 10, 12(a), 14(a) and 16(a) by inserting before the word“marked” the words“which is or could be”, and by deleting the words“in accordance with the published particulars of that pattern”;

• (ii) in Table 1, in relation to non-graduated machines of 100g Max, by deleting the figure

$Max10000$

and substituting therefor the figure

$Max100000$

• (iii) in paragraph 14(c), by deleting the date “1st November 1988” and substituting therefor “4th April 1989”;

• (iv) in paragraph 16, by inserting a new subparagraph (d) as follows:

(d) of a type referred to as“common form” and which was first stamped before 1st November 1988,

; and

• (v) by substituting for Table 4 the Table in the Schedule to these Regulations; and

• (g) in Schedule 3—

• (i) by substituting for paragraph 16(e) the following:—

(e) Subject to paragraph 5 of this Schedule, for a Class II, Class III or Class IIII machine, having first been adjusted to zero or balanced at no-load with all the tare, weight indicating and printing devices set to zero when tilted longitudinally or transversely to— (i) 1 part in 1000 for a Class II machine; (ii) 2 parts in 1000 for a Class III or Class IIII machine; (iii) 50 parts in 1000 for a machine without any level indicating devices, the indication shall not vary by more than one verification scale interval when the maximum load is applied.

; and

• (ii) in paragraph 17(d)(iii), by deleting the word“load” in the third place in which it occurs.

SCHEDULE

Signed

Eric Forth — Parliamentary Under-Secretary of State, — Department of Trade and Industry — 5th December 1988

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Weighing Equipment (Non-automatic Weighing Machines) Regulations 1988. They make the following changes:

• (a) the purposes of use for trade of certain Class IIII weighing machines is clarified (regulation 2(a) and (f)(iv));

• (b) the exemption from the fitting of adjustable levelling devices or level indicating devices is restricted to weighing machines which meet tilt testing requirements for machines without level indicating devices (regulation 2(b));

• (c) the requirement for adequate drainage of a pit is restricted to pits which form the base and sides of weighing machines (regulation 2(c));

• (d) the tilt testing requirements for certain machines are clarified (regulation 2(d)(i) and (g)(i));

• (e) certain graduated machines with analogue indicating devices are not to benefit from the relaxed limit of error over the first part of the weighing range. The limit will be one-half a verification scale interval instead of one interval on passing as fit for use for trade and one interval instead of two on testing with a view to obliteration of the stamp (regulation 2(d)(ii) and (e));

• (f) the accuracy classification of weighing machines is clarified so that it is applicable to machines which could be marked with a class marking as well as to those so marked (regulation 2(f)(i));

• (g) the verification scale interval for certain Class I machines is corrected (regulation 2(f)(ii));

• (h) the date by which certain machines must be stamped to qualify as Class III machines is corrected to 4th April 1989 (regulation 2(f) (iii));

• (i) the maximum capacity and scale interval requirements for Class IIII machines are amended to admit certain imperial machines (regulation 2(f)(v)); and

• (j) the requirements for the eccentric load testing of the load and weight receptors of certain machines are corrected (regulation 2(g)(ii)).

Footnotes

[^f00001]: 1985 c. 72.

[^f00002]: S.I. 1988/876.

[^f00003]: S.I. 1963/1710; relevant amending instruments are S.I. 1964/76, 1972/767, 1979/1612.