The Non-automatic Weighing Machines and Non-automatic Weighing Instruments (Amendment) Regulations 1995

Made: 22nd February 1995

Laid before Parliament: 23rd February 1995

Coming into force: 27th March 1995

The Secretary of State, being a Minister designated[^f00001] for the purposes of subsection (2) of section 2 of the European Communities Act 1972[^f00002] in relation to the regulation of specifications, construction, placing on the market and use of equipment intended for weighing, measuring or testing or for purposes ancillary thereto, in exercise of the powers conferred on him by that section (as respects regulations 1 and 3) and of the powers conferred on him by sections 15(1) and 86(1) of the Weights and Measures Act 1985[^f00003] (as respects regulations 1, 2 and 4) and all other powers enabling him in that behalf, hereby makes the following Regulations:—

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These Regulations may be cited as the Non-automatic Weighing Machines and Non-automatic Weighing Instruments (Amendment) Regulations 1995 and shall come into force on 27th March 1995.

Amendment of the Weighing Equipment (Non-automatic Weighing Machines) Regulations 1988

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• (1) The Weighing Equipment (Non-automatic Weighing Machines) Regulations 1988[^f00004] (in this regulation referred to as “the principal Regulations”) shall have effect as amended by the following provisions of this regulation.

• (2) The principal Regulations are hereby further amended, in regulation 4, by the substitution for paragraph (1) of the following paragraphs—

(1) A non-automatic weighing machine marked with a weighing range may be used for trade for determining the weight of any item by ascertaining the difference between two weights (both of which fall within the weighing range), that is to say, the weight of that item and another item or items and the weight of that other or those other items only. (1A) Where a non-automatic weighing machine is marked with a weighing range, save in accordance with paragraph (1) above, no person shall use that machine for trade for determining a weight outside that range in relation— (a) to, or to articles made from, gold, silver or other precious metals, including gold or silver thread or fringe; (b) to precious stones or pearls; or (c) to drugs or other pharmaceutical products.

Amendment of the Non-automatic Weighing Instruments (EEC Requirements) Regulations 1992

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—(

• (1) The Non-automatic Weighing Instruments (EEC Requirements) Regulations 1992[^f00006] (in this regulation and in regulation 4 below referred to as “the principal Regulations”) shall have effect as amended by the following provisions of this regulation.

• (2) The principal Regulations are hereby amended in regulation 9,—

• (a) by the addition after paragraph (3), of the following paragraphs—

(3A) The Secretary of State may vary or amend an approval if– (a) the body so requests; or (b) having regard to these Regulations and to the Directive, it appears to him necessary or expedient.

(3B) the Secretary of State may from time to time carry out inspections of the functions of an approved body with a view to verifying that it complies with any conditions subject to which the approval is granted and with the provisions of these Regulations and the Directive but, unless it appears to him that there are circumstances which make it necessary or expedient to do so, he shall not carry out such an inspection within two years from the date of approval of the body or, if later, of his last inspection under this paragraph.

; and

• (b) in paragraph (4), by the addition of the word “or” at the end of sub-paragraph (b), by the addition after that sub-paragraph of the following sub-paragraph—

(c) varies or amends an approval pursuant to paragraph (3A)(b) above;

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The principal Regulations are hereby further amended in regulation 28 by the substitution for paragraph (1) of the following paragraphs—

(1) An instrument marked with a weighing range may be used for trade for determining the weight of any item by ascertaining the difference between two weights (both of which fall within the weighing range), that is to say, the weight of that item and another item or items and the weight of that other or those other items only. (1A) Save in accordance with paragraph (1) above, a person shall not use for trade an instrument marked with a weighing range for determining a weight outside that range in relation— (a) to, or to articles made from, gold, silver or other precious metals, including gold or silver thread or fringe; (b) to precious stones or pearls; or (c) to drugs or other pharmaceutical products.

Signed

Jonathan Evans — Parliamentary Under-Secretary of State, — Department of Trade and Industry — 22nd February 1995

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Weighing Equipment (Non-automatic Weighing Machines) Regulations 1988 and the Non-automatic Weighing Instruments (EEC Requirements) Regulations 1992.

They amend both the 1988 and 1992 Regulations to forbid the use for trade of equipment outside its prescribed weighing range in relation to gold and other precious metals, precious stones or pearls and drugs and other pharmaceutical products (regulations 2(2) and 4).

They also amend the 1988 Regulations to permit the import of non-automatic weighing machines which have been tested in another member State or an EEA State on the same basis as is required by those Regulations (regulation 2(3) and (5)).

They also amend the 1992 Regulations to enable the Secretary of State to vary or amend his approval of a body to carry out functions under the Regulations and to enable him to inspect its performance of those functions (regulation 3(2)).

Footnotes

[^f00001]: S.I. 1975/427.

[^f00002]: 1972 c. 68.

[^f00003]: 1985 c. 72: section 94(1) contains a definition of “prescribed”.

[^f00004]: S.I. 1988/876 as amended by S.I. 1988/2120, S.I. 1991/2019, S.I. 1992/3037 and S.I. 1994/1851.

[^f00005]: EN 45001 is a European Standard which has the status of a British Standard; it is identical with BS 7501 (ISBN 0 580 17939 7), “General criteria for the operation of testing laboratories”.

[^f00006]: S.I. 1992/1579.