Legalize / United Kingdom / Statutory-Instrument

The Measuring Instruments Regulations 2016

Type Statutory-Instrument

Publication 2016-11-29

Last updated 2025-02-27

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(7A) A disqualification mark may be affixed to a relevant regulated measuring instrument by affixing to the instrument a label which clearly, legibly and indelibly bears the disqualification mark.

(8) A person is guilty of an offence if that person uses for trade a regulated measuring instrument to which there is affixed a disqualification mark, unless a re-qualification mark has been affixed to it in accordance with regulation 73 (requalification).

Re-qualification

73

(1) This regulation applies where—

(a) a disqualification mark has been affixed to a regulated measuring instrument in accordance with regulation 72 (disqualification);

(b) a notice has been served under regulation 72(5); or

(c) a regulated measuring instrument is intended to be used for trade in the circumstances referred to in regulation 72(3) or 73(4) but a disqualification mark has not been affixed to the instrument or to any sealing device on it.

(2) A person requiring a re-qualification mark to be affixed to a regulated measuring instrument must submit it, in such manner as may be directed, to an inspector or approved verifier and provide such assistance as the inspector or approved verifier may reasonably require.

(3) An inspector or approved verifier may affix a re-qualification mark to that regulated measuring instrument or to any sealing device if satisfied that the instrument is compliant with

(a) the essential requirements;

(b) any EU-type examination certificate or EU-design examination certificate which applies to it; and

(c) any requirements applicable to that instrument by virtue of Schedule 6 other than the provisions relating to maximum permissible errors are met.

(4) For the purposes of being satisfied that a re-qualification mark may be affixed to a regulated measuring instrument or any sealing device on it under this regulation, an inspector or approved verifier may take such steps as the inspector or approved verifier considers appropriate, including testing the instrument by means of such test equipment as the inspector or approved verifier considers appropriate and suitable for the purpose.

(5) There may be charged in respect of any steps taken under paragraph (4) such fees as are reasonable in the circumstances.

(6) The inspector or approved verifier must keep a record of any test carried out under paragraph (4).

(7) Where a re-qualification mark is affixed to a regulated measuring instrument pursuant to paragraph (3), it must be affixed in such a position that it obliterates as far as possible any disqualification mark.

(8) Where a re-qualification mark is affixed to a regulated measuring instrument pursuant to paragraph (3), it must be accompanied by—

(a) the letters indicating the status of the requalification authority, as follows—

(i) “INS” if the requalification authority is an inspector;

(ii) “AV” if the requalification authority is an approved verifier;

(b) the number used to identify the inspector or approved verifier in connection with their approval by or under section 11 of the Weights and Measures Act 1985 (certain equipment to be passed and stamped by inspector);

(d) the letters “GB” or, where the instrument was placed on the market pursuant to regulation 33D (Qualifying Northern Ireland Goods), the letters “QNIG”.

(9) The re-qualification mark and the information accompanying it required by paragraph (8) may be affixed to a relevant regulated measuring instrument by affixing to the instrument a label which clearly, legibly and indelibly bears the re-qualification mark and that accompanying information.

(8) Where a re-qualification mark is affixed to a regulated measuring instrument pursuant to paragraph (3), it must be accompanied by—

(a) the letters indicating the status of the requalification authority, as follows—

(i) “INS” if the requalification authority is an inspector;

(ii) “AV” if the requalification authority is an approved verifier;

(b) the number used to identify the inspector or approved verifier in connection with their approval by or under article 9 of the Weights and Measures (Northern Ireland) Order 1981 (weighing or measuring equipment for use for trade);

(d) the letters “NI”.

(9) The re-qualification mark and the information accompanying it required by paragraph (8), may be affixed to a relevant regulated measuring instrument by affixing to the instrument a label which clearly, legibly and indelibly bears the re-qualification mark and that accompanying information.

Testing of regulated measuring instruments

74

(1) Where an inspector considers that a test of a regulated measuring instrument is necessary, otherwise than for the purposes of regulation 73, the inspector may require the controller of the instrument to provide to the inspector such equipment, test liquid, materials, qualified personnel or other assistance as the inspector may reasonably require.

(2) Every regulated measuring instrument submitted for testing by its controller must be in a clean condition.

(3) Paragraphs (4) to (9) of this regulation only apply to regulated measuring instruments that are non-water liquid measuring systems.

(4) No regulated measuring instrument shall be tested until it is installed ready for use and complete with all its parts.

(5) A regulated measuring instrument must be tested by an inspector under practical working conditions with a test liquid which must be—

(a) the liquid fuel that the instrument is intended to deliver; or

(b) a liquid having properties which replicate in all respects relevant to testing those of the liquid fuel that the instrument is intended to deliver.

(6) An inspector may open a locked or sealed tank or container for the purpose of testing a regulated measuring instrument or returning any liquid withdrawn during testing.

(7) Any liquid withdrawn during testing must be—

(a) returned to the tank or container from which it was withdrawn if the inspector is of the opinion that it is reasonable and practicable to do so and the controller agrees; or

(b) placed in another suitable receptacle reasonably convenient for the purpose that is provided by the controller.

(8) An inspector, if requested to do so by the controller, must give to the controller a signed and dated statement of the quantity of liquid withdrawn during testing.

(9) An inspector must—

(a) securely re-fasten any tank or container opened under paragraph (6) immediately after the conclusion of any test or after returning any liquid withdrawn during testing; and

(b) replace any sealing device broken by the inspector.

(10) In this regulation references to the “controller” of a regulated measuring instrument are to the person who has control of the instrument or whom the inspector has reasonable cause to believe has control of the instrument.

PART 8 — OFFENCES

Unauthorised application of authorised marks

75

(1) Subject to paragraph (2), a person is guilty of an offence, if that person—

(a) affixes an authorised mark to a regulated measuring instrument otherwise than in accordance with these Regulations;

(b) alters or defaces an authorised mark affixed to a regulated measuring instrument;

(d) affixes any other form of marking to a regulated measuring instrument which is likely to deceive any person as to the meaning or form, or both, of an authorised mark.

(2) Where the alteration, defacement or removal of an authorised mark is occasioned solely—

(a) in the course of the adjustment or repair of a regulated measuring instrument by a person engaged in the business of repair of such instruments or by that person's duly authorised agent; or

(b) by an enforcement officer or approved verifier in the carrying out of any of their functions under these Regulations,

that person (or that person's authorised agent), enforcement officer or approved verifier is not guilty of an offence under paragraph (1)(b) or (1)(c).

(3) A person is guilty of an offence if that person places on the market or puts into use or uses for trade a regulated measuring instrument—

(a) from which, to that person's knowledge, an authorised mark has been removed; or

(b) which to that person's knowledge bears—

(i) an authorised mark affixed otherwise than in accordance with these Regulations;

(ii) an authorised mark that has been altered or defaced otherwise than in the circumstances referred to in paragraph (2); or

(iii) any mark which is likely to deceive any person as to the meaning or form, or both, of an authorised mark.

(4) A regulated measuring instrument in respect of which an offence under this regulation has been committed and any implement used in the commissioning of the offence is liable to be forfeited.

(5) In this regulation “authorised mark” means—

(a) the UK marking;

(b) the M marking;

(c) the identification number of the approved body which carried out the conformity assessment procedure in respect of the relevant regulated measuring instrument;

(d) a disqualification mark; or

(e) a re-qualification mark.

Offences by economic operators etc.

76

(1) In this regulation “event of default” means—

(a) the placing on the market or putting into use of a regulated measuring instrument which—

(i) does not meet the essential requirements applicable to it;

(ii) has not been the subject of an applicable conformity assessment procedure;

(iii) does not bear the markings or inscriptions required by these Regulations; or

(iv) is not accompanied by the documents and information required by these Regulations; or

(b) any failure to—

(i) create or maintain any records required to be created or maintained under these Regulations; or

(ii) provide to a competent authority documents or information pursuant to a requirement imposed by or under these Regulations; or

(2) Where an event of default mentioned in paragraph (1)(a) or 1(b) occurs as a result of the failure of an economic operator to comply with an obligation imposed on the economic operator by any provision of these Regulations, the economic operator is guilty of an offence.

(3) Where there is an event of default of a kind referred to in paragraph (1)(c), the person on whom the obligation is imposed under section 74(1) or 74(2) is guilty of an offence.

Penalties for offences

77

A person guilty of an offence under any provision of these Regulations is liable, on summary conviction—

(a) in England and Wales to a fine; and

(b) in Scotland or Northern Ireland to a fine not exceeding level 5 on the standard scale.

Defence of due diligence

78

(1) In proceedings against a person for an offence under these Regulations (other than regulation 75(3)), it is a defence for that person to show that that person took all reasonable steps and exercised all due diligence to avoid committing the offence.

(2) Where, in proceedings against a person for such an offence the defence provided by paragraph (1) involves an allegation that the commission of the offence was due to—

(a) the act or default of another; or

(b) reliance on information given by another,

that person shall not, without the leave of the court, be entitled to rely on the defence, unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland, the trial diet), that person has served a notice under paragraph (3) on the person bringing the proceedings.

(3) A notice under this paragraph must give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time that person serves it.

(4) A person shall not be entitled to rely on the defence provided by paragraph (1) by reason of reliance on information supplied by another, unless that person shows it was reasonable in all the circumstances for that person to have relied on the information, having regard in particular to—

(a) the steps which that person took, and those which might reasonably have been taken, for the purpose of verifying the information; and

(b) whether that person had any reason to disbelieve the information.

Liability of persons other than the principal offender

79

(1) Where the commission by a person (“A”) of an offence under these Regulations is due to the act or default of another person (“B”) in the course of any business of A, B is guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against A.

(2) Where a body corporate commits an offence under these Regulations and it is proved that the offence was committed—

(a) with the consent or connivance of an officer of the body corporate,

(b) as a result of the negligence of an officer of the body corporate

the officer as well as the body corporate is guilty of the offence.

(3) In paragraph (2), a reference to an officer of a body corporate includes a reference to—

(a) a director, manager, secretary or other similar officer of the body corporate;

(b) a person purporting to act as a director, manager, secretary or other similar officer; and

(4) In this regulation, references to a “body corporate” include references to a partnership in Scotland, and in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.

PART 9 — MISCELLANEOUS AND SUPPLEMENTAL

Service of documents etc.

80

(1) Any document required or authorised by these Regulations to be served on a person may be so served—

(a) by delivering it to that person or by leaving it at that person's proper address or by sending it by post to that person at that address;

(b) if the person is a body corporate, by serving it in accordance with sub-paragraph (a) on the secretary or clerk of that body; or

(c) if the person is a partnership, by serving it in accordance with that sub-paragraph on a partner or on a person having control or management of the partnership business.

(2) For the purposes of paragraph (1), and for the purposes of section 7 of the Interpretation Act 1978 (which relates to the service of documents by post) in its application to that paragraph, the proper address of any person on whom a document is to be served in accordance with these Regulations is that person's last known address except that—

(a) in the case of service on a body corporate or its secretary or clerk, it is the address of the registered or principal office of the body corporate; and

(b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it is the principal office of the partnership,

and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

Review

81

(1) The Secretary of State must from time to time—

(a) carry out a review of these Regulations;

(b) set out the conclusions of the review in a report; and

(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive is implemented in other relevant states.

(3) The report must, in particular—

(a) set out the objectives intended to be achieved by the regulatory system established by these Regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved by a system that imposes less regulation.

(4) The first report under this regulation must be published no later than 5 years after the date of the coming into force of these Regulations.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding 5 years.

SCHEDULE 1 — ESSENTIAL REQUIREMENTS AND APPLICABLE CONFORMITY ASSESSMENT PROCEDURES

Introductory

1

The essential requirements and conformity assessment procedure applicable to measuring instruments are as set out in this Schedule.

Water Meters

2

(1) The essential requirements relating to water meters intended for the measurement of volumes of clean, cold or heated water in residential, commercial and light industrial use are—

(a) the requirements set out in Annex I to the Directive; and

(b) the specific requirements of Annex III to the Directive subject to the modification specified in sub-paragraph (2).

(2) The modification referred to in sub-paragraph (1)(b) is that point 10 of the specific requirements in Annex III is to be read as follows—

(10) The requirements under points 1, 2 and 3 are determined by the utility or the person legally designated for installing the meter, so that the meter is appropriate for the accurate measurement of consumption that is foreseen or foreseeable.

(3) The conformity assessment procedures specified in the modules in Annex II to the Directive applicable to water meters of the kind referred to in sub-paragraph (1) are—

(a) B and F;

(b) B and D; or

Gas meters

3

(1) The essential requirements relating to gas meters intended for residential, commercial and light industrial use are—

(a) the requirements of Annex I to the Directive; and

(b) the specific requirements set out in Part I of Annex IV to the Directive subject to the modification in sub-paragraph (2).

(2) The modification referred to in sub-paragraph (1)(b) is that point 10 of the specific requirements in Annex IV is to be read as follows—

(10) (a) The measurement of residential use must be performed by means of any Class 1.5 gas meter, or by Class 1.0 gas meters which have a Qmax/Qmin ratio equal to or greater than 150. (b) Measurement of commercial or light industrial use must be performed by any Class 1.0 or Class 1.5 gas meter. (c) The person responsible for installing a gas meter must have regard to the requirements under Points 1.2 and 1.3 of Part I of Annex IV and must ensure that the gas meter is appropriate for the accurate measurement of consumption that is foreseen or foreseeable.

(3) The conformity assessment procedures specified in the modules in Annex II to the Directive applicable to gas meters are—

(a) B and F;

(b) B and D; or

Volume conversion devices

4

(1) In this paragraph “conversion device” means a device fitted to a gas meter that automatically converts the quantity measured at metering conditions into a quantity at the specified conditions to which the quantity of fluid is converted.

(2) The essential requirements relating to conversion devices intended for residential, commercial and light industrial use are—

(a) the requirements of Annex I to the Directive;

(b) the specific requirements set out in Part II of Annex IV.

(3) The conformity assessment procedures specified in the modules in Annex II to the Directive applicable to conversion devices are—

(a) B and F;

(b) B and D; or

Active electrical energy meters

5

(1) The essential requirements in relation to active electrical energy meters intended for residential, commercial and light industrial use are—

(a) the requirements of Annex I of the Directive; and

(b) the specific requirements in Annex V subject to the modification in sub-paragraph (2).

(2) The modification referred to in sub-paragraph (1)(b) is that point 7 of the specific requirements in Annex V is to be read as follows—

(7) (a) Subject to sub-paragraph (2), measurement may be performed by means of any active electrical energy meter provided that the temperature range to which an active electrical energy meter is exposed is not wider that the range specified by the manufacturer in relation to that active electrical energy meter in accordance with Point 1.3.1 and Table 1 in Annex 1 to the Directive. (b) Class A active electrical energy meters may not be used when operating outside the temperature range of an upper temperature limit of 30°C to a lower temperature limit of 5 °C. (c) The person responsible for installing the active electrical energy meter must determine the correct current range and assess the climatic environment.

(3) The conformity assessment procedures specified in the modules in Annex II to the Directive applicable to active electrical meters are—

(a) B and F;

(b) B and D; or

Thermal Energy Meters

6

(1) The essential requirements in relation to thermal energy meters are—

(a) the requirements of Annex I of the Directive; and

(b) the requirements of Annex VI.

(2) The conformity assessment procedures specified in the modules in Annex II to the Directive applicable to thermal energy meters are—

(a) B and F;

(b) B and D; or

Non-water liquid measuring systems

7

(1) The essential requirements in relation to non-water liquid measuring systems are——

(a) the requirements of Annex I of the Directive; and

(b) the requirements of Annex VII.

(2) The conformity assessment procedures specified in the modules in Annex II to the Directive applicable to non-water liquid measuring systems are—

(a) B and F;

(b) B and D;

(d) G.

Automatic weighing instruments

8

(1) The essential requirements in relation to automatic weighing instruments are—

(a) in relation to automatic catchweighers—

(i) the requirements of Annex I of the Directive; and

(ii) the specific requirements in Chapter I and II of Annex VIII;

(b) in relation to automatic gravimetric filling instruments—

(i) the requirements of Annex I of the Directive; and

(ii) the specific requirements in Chapter I and Chapter III of Annex VIII;

(i) the requirements of Annex I of the Directive; and

(ii) the specific requirements in Chapter I and Chapter IV of Annex VIII;

(d) The essential requirements in relation to beltweighers are—

(i) the requirements of Annex I of the Directive; and

(ii) the specific requirements in Chapters I and V of Annex VIII; and

(e) The essential requirements in relation to automatic rail weighbridges are—

(i) the requirements of Annex I of the Directive; and

(ii) the specific requirements in Chapters I and VI in Annex VIII.

(2) The conformity assessment procedures specified in the modules in Annex II to the Directive applicable to automatic weighing instruments are—

(a) for mechanical systems—

(i) B and D;

(ii) B and E;

(iii) B and F;

(iv) D1;

(v) F1;

(vi) G; or

(vii) H1;

(b) for electromechanical instruments—

(i) B and D;

(ii) B and E;

(iii) B and F;

(iv) G; or

(v) H1; and

(i) B and D;

(ii) B and F;

(iii) G; or

(iv) H1.

Taximeters

9

(1) The essential requirements in relation to taximeters are—

(a) the requirements of Annex 1 of the Directive; and

(b) the specific requirements in Annex IX.

(2) The conformity assessment procedures specified in the modules in Annex II to the Directive applicable to taximeters are—

(a) B and F;

(b) B and D; or

Material measures of length

10

(1) The essential requirements in relation to material measures of length are—

(a) the requirements of Annex I of the Directive; and

(b) the specific requirements in Chapter I of Annex X.

(2) The conformity assessment procedures specified in the modules in Annex II to the Directive applicable to material measures of length are—

(a) F1;

(b) D1;

(d) G; or

(e) H.

Capacity serving measures

11

(1) The essential requirements in relation to capacity serving measures are—

(a) the requirements of Annex I of the Directive; and

(b) the specific requirements in Chapter II of Annex X.

(2) The conformity assessment procedures specified in the modules in Annex II to the Directive applicable to capacity serving measures are—

(a) A2;

(b) D1;

(d) F1;

(e) B and D;

(f) B and E; or

(g) H.

Dimensional measuring instruments

12

(1) The essential requirements in relation to dimensional measuring instruments are—

(a) the requirements of Annex I of the Directive; and

(b) the specific requirements in Annex XI.

(2) The conformity assessment procedures specified in the modules in Annex II to the Directive applicable to dimensional measuring instruments are—

(a) for mechanical or electromechanical instruments—

(i) D1;

(ii) E1;

(iii) F1;

(iv) H;

(v) H1;

(vi) G;

(vii) B and D;

(viii) B and E;

(ix) B and F;

(b) for electronic instruments or instruments containing software—

(i) B and D;

(ii) B and F;

(iii) G; or

(iv) H1.

Exhaust gas analysers

13

(1) The essential requirements in relation to exhaust gas analysers are—

(a) the requirements of Annex I of the Directive; and

(b) the specific requirements in Annex XII.

(2) The conformity assessment procedures specified in the modules in Annex II to the Directive applicable to exhaust gas analysers are—

(a) B and D;

(b) B and F; or

SCHEDULE 2 — MEASURING INSTRUMENT WHICH MAY CONTINUE TO BE PUT INTO USE

Cold water meters

1

A cold-water meter—

(a) in respect of which a certificate of approval was granted before 30th October 2006; and

(b) which was first passed as fit for trade and stamped before 30th October 2016 under the Measuring Equipment (Cold-water Meter Regulations) 1988 .

2

A cold-water meter—

(a) in respect of a pattern of which EEC pattern approval was granted before 30th October 2006 in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988 (or in accordance with the measures in force in another EEA state which implement Council Directive 75/33/EEC ); and

(b) which bears a mark of EEC initial verification or of EEC partial verification, in either case, affixed before 30th October 2016 in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988 (or in accordance with the measures in force in another EEA state which implement Council Directive 71/316/EEC as amended by Council Directives 72/427/EEC , 83/575/EEC , 87/354/EEC 87/355/EEC and 88/665/EEC .

Gas meters

3

A gas meter for use for trade which was—

(a) stamped under section 17 of the Gas Act 1986 and placed on the market before 30th October 2016; or

(b) stamped under article 22 of the Gas (Northern Ireland) Order 1996 and placed on the market before 30th October 2016;

4

A gas meter for use for trade—

(a) in respect of which an EEC pattern approval was granted before 30th October 2006—

(i) under the Measuring Instruments (EEC Requirements) Regulations 1988 , as applied to gas meters by the Measuring Instruments (EEC Requirements) (Gas Volume Meters) Regulations 1988 ; or

(ii) by any other EEA state in accordance with the relevant provisions of measures in force which implement Council Directive 71/318 ,

and

(b) which bears a mark of EEC initial verification affixed before 30th October 2016 under those Regulations (as so applied) or by any other EEA state in accordance with those provisions.

Active electrical energy meters

5

An active electrical energy meter for use for trade which was—

(a) of a pattern or construction approved before 30th October 2006 by or under regulations made under paragraph 2 of Schedule 7 to the Electricity Act 1989 , where such approval has not been revoked under regulations so made; and

(b) before 30th October 2016,—

(i) certified under paragraph 5 of that Schedule or excepted from the requirement for certification under paragraph 2(2) of that Schedule; and

(ii) placed on the market.

6

An active electrical energy meter for use for trade which was—

(a) of a pattern or construction approved before 30th October 2006 by or under regulations made under paragraph 3 of Schedule 7 to the Electricity (Northern Ireland) Order 1992 where such approval has not been revoked under regulations so made; and

(b) before 30th October 2016—

(i) certified under paragraph 6 of that Schedule or excepted from the requirement for certification under paragraph 3(2) of that Schedule; and

(ii) placed on the market.

7

An active electricity meter for use for trade—

(a) in respect of which an EEC pattern approval was granted before 30th October 2006—

(i) under the Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995 ; or

(ii) any other EEA state in accordance with the relevant provisions of measures in force which implement Council Directive 76/891 ; and

(b) which bears a mark of EEC initial verification affixed before 30th October 2016 under those Regulations or by any other EEA state in accordance with those provisions.

Automatic Weighing instruments

8

An Automatic gravimetric filing instrument—

(a) in respect of which a certificate of approval was granted before 30th October 2006; and

(b) which before 30th October 2016 was first passed as fit for use for trade and stamped under—

(i) the Weights and Measures Regulations 1963 ;

(ii) the Weighing Equipment (Filing and Discontinuous Totalising Automatic Weighing Machines) Regulations 1986 ; or

(iii) the Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000 .

Measuring systems for the measurement of liquid fuel and lubricants

9

A measuring system for use for trade in the making of a continuous and dynamic measurement of liquid fuel lubricants or a mixture of liquid fuels and lubricants in a quantity not exceeding 100 litres or 100 kilograms—

(a) in respect of which a certificate of approval was granted before 30th October 2006; and

(b) which was before 30th October 2016 first passed as fit for use for trade and stamped under the Measuring Equipment (Liquid Fuel and Lubricants) Regulations 1995 .

10

(1) A measuring system for use for trade in the making of a continuous and dynamic measurement of liquid fuel, lubricants or a mixture of liquid fuels and lubricants in a quantity not exceeding 100 litres or 100 kilograms—

(a) in respect of which an EEC pattern approval was granted before 30th October 2006; and

(b) which bears a mark of EU initial verification or EU partial verification affixed before 30th October 2016.

(2) For the purposes of paragraph (1)—

(a) a grant of EEC pattern approval or the affixing of a mark of EEC initial verification must have been in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988 or, in the case of any other EEA state, in accordance with the measures in force which implemented—

(i) Council Directive 71/319 EEC ;

(ii) Council Directive 71/348/EEC as amended by the Treaty of Accession 1994 ; and

(iii) Council Directive 77/313/EEC as amended by Commission Directive 82/625/EEC ; and

(b) the affixing of a mark of EEC partial verification must have been in accordance with the 1988 Regulations, or in the case of any other EEA state in accordance with the measures in force which implemented Council Directive 71316/EEC as amended by Council Directives 72/427/EEC , 83/575/EEC , 87/354/EEC , 87/355/EEC and 88/665/EEC .

Measuring systems used for deliveries from road tankers

11

A measuring system for use for trade in the making of a continuous and dynamic measurement of liquid fuel in a quantity exceeding 100 litres or 100 kilograms, delivered from a road tanker—

(a) in respect of which a certificate of approval was granted before 30th October 2006; and

(b) which was first passed as fit before 30th October 2016 for use for trade and stamped under the Measuring Equipment (Liquid Fuel delivered from Road Tankers) Regulations 1983 .

12

(1) A measuring system for use for trade in the making of a continuous and dynamic measurement of liquid fuel in a quantity exceeding 100 litres or 100 kilograms, delivered from a road tanker—

(a) in respect of a which an EEC pattern approval was granted before 30th October 2006; and

(b) which bears a mark of EU initial verification or EU partial verification affixed before 30th October 2016.

(2) For the purposes of paragraph (1)—

(a) a grant of EEC pattern approval or the affixing of a mark of EEC initial verification must have been in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988 or, in the case of any other EEA state, in accordance with the measures in force which implemented—

(i) Council Directive 71/319 EEC ;

(ii) Council Directive 71/348/EEC as amended by the Treaty of Accession 1994 ; and

(iii) Council Directive 77/313/EEC as amended by Commission Directive 82/625/EEC ; and

(b) the affixing of a mark of EEC partial verification must have been in accordance with the 1988 Regulations, or in the case of any other EEA state in accordance with the measures in force which implemented Council Directive 71316/EEC as amended by Council Directives 72/427/EEC , 83/575/EEC , 87/354/EEC , 87/355/EEC and 88/665/EEC .

Taximeters

13

A Taximeter—

(a) in respect of which a certificate of approval was granted before 30th October 2006; and

(b) which was passed as fit for use before 30th October 2016 for the protection of consumers and marked under the Metropolitan Conditions of Fitness .

Material measures of length

14

A material measure of length—

(a) which was first passed as fit for use for trade and stamped before 30th October 2006 under the Measuring Equipment (Measures of Length) Regulations 1986 ; and

(b) which was placed on the market before 30th October 2016.

15

(1) A material measure of length—

(a) in respect of which an EEC pattern approval was granted under the Measuring Instruments (EEC Requirements) Regulations 1988

(b) which bears a mark of EEC initial verification or of EEC partial verification, which was affixed before 30th October 2016.

(2) For the purposes of paragraph (1)—

(a) a grant of EEC pattern approval, or the affixing of a mark of EEC initial verification must have been in accordance with the relevant provisions of the Measuring Instruments (EEC Requirements) Regulations 1988 or, in the case of any other member State, in accordance with the relevant provisions of measures in force which implemented Council Directive 73/362/EEC as amended by Council Directive 78/629/EEC and Commission Directive 85/146/EEC ; and

(b) the affixing of a mark of EEC partial verification must have been in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988, or in the case of any other member State, in accordance with the measures in force which implemented Council Directive 71/316/EEC as amended by Council Directives 72/427/EEC , 83/575/EEC , 87/354/EEC , 87/355/EEC and 88/665/EEC .

Exhaust gas analyser

16

An exhaust gas analyser

(a) in respect of which a certificate of approval was granted before 30th October 2006; and

(b) which was first passed as fit for use for the protection of the environment and public health pursuant to the requirements of OIML, R99/ISO 3930 before 30th October 2016.

SCHEDULE 3 — REVOCATIONS AND TRANSITIONAL AND CONSEQUENTIAL PROVISIONS

Instruments revoked

1

Subject to paragraph 2, the Regulations listed in the table in this paragraph are revoked.

Transitional provisions

2

(1) In this paragraph, “the former law” means the Regulations referred to in paragraph 1.

(2) This sub-paragraph applies to a regulated measuring instrument placed on the market or put into use before the commencement date which was required by any provision of the former law to meet the essential requirements.

(3) A regulated measuring instrument to which sub-paragraph (2) applies which meets the requirements of the former law applicable to it is treated as meeting the requirements of these Regulations.

(4) Where a regulated measuring instrument to which sub-paragraph (2) applies does not meet the requirements of the former law, these Regulations apply to that instrument as they apply to a regulated measuring instrument placed on the market or put into use after the commencement date which does not comply with the requirements of these Regulations.

(5) Part 6 (Use for trade of regulated measuring instruments) applies to instruments to which sub-paragraph (2) applies as it applies to a regulated measuring instrument placed on the market or put into use after the commencement date.

(6) A certificate granted under any provision of the former law has effect as if granted under the corresponding provision of these Regulations.

(7) An application to be recognised as a notified body which is made before the commencement date is to be treated as having been made under these Regulations if it meets the requirements of these Regulations.

(8) Except in a case where paragraph (7) applies, a requirement of these Regulations (“the relevant requirement”) is to be treated as having been satisfied by anything done on or after 20th April 2016 but before the commencement date where that thing—

(a) was done for the purposes of complying with a requirement of the Directive; and

(b) if it had been done on or after the commencement date it would have met the relevant requirement.

(9) Regulation 77 (offences by economic operators etc.) does not apply to the putting into use of—

(a) an instrument to which paragraph (2) applies; or

(b) an instrument of a kind which is listed in Schedule 2 (measuring instruments which may continue to be put into use.

Amendments to the Consumer Rights Act 2015

3

(1) Schedule 5 to the Consumer Rights Act 2015 is amended as follows.

(2) After paragraph 3(1)(g), add—

(ga) the Department for Infrastructure in Northern Ireland; (gb) the Utility Regulator in Northern Ireland.

(3) Omit the following entries from the list in paragraph 10—

(a) “regulation 17 of the Measuring Instruments (Automatic Discontinuous Totalisers) Regulations 2006 (SI 2006/1255);”;

(b) “regulation 18 of the Measuring Instruments (Automatic Rail-weighbridges) Regulations 2006 (SI 2006/1256);”;

(d) “regulation 18 of the Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 2006 (SI 2006/1258);”;

(e) “regulation 18 of the Measuring Instruments (Beltweighers) Regulations 2006 (SI 2006/1259);”;

(f) “regulation 16 of the Measuring Instruments (Capacity Serving Measures) Regulations 2006 (SI 2006/1264);”

(g) “regulation 17 of the Measuring Instruments (Liquid Fuel and Lubricants) Regulations 2006 (SI 2006/1266);”;

(h) “regulation 16 of the Measuring Instruments (Material Measures of Length) Regulations 2006 (SI 2006/1267);”;

(i) “regulation 17 of the Measuring Instruments (Cold-water Meters) Regulations 2006 (SI 2006/1268);”; and

(j) “regulation 18 of the Measuring Instruments (Liquid Fuel delivered from Road Tankers) Regulations 2006 (SI 2006/1269);”.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modifications to the application of the Gas Act 1986

4

(1) Section 17 of the Gas Act 1986 (meter testing and stamping) has effect in its application to a meter which is a regulated measuring instrument under regulation 3(2)(b) subject to paragraphs (2) to (4) below.

(2) If the meter is put into use within the meaning of and in accordance with these Regulations (or, prior to commencement date, the Measuring Instruments (Gas Meters) Regulations 2006 ), it is to be deemed for the purposes of section 17(1) and (11) to have been stamped.

(3) Subsections (2)(b) and (3) to (5) must be disregarded.

(4) Sub-paragraphs (2) and (3) do not apply if the error of measurement of the meter exceeds—

(a) in relation to a Class 1.5 gas meter within the meaning of Schedule 1D to the Measuring Instruments Regulations 2016, twice the maximum permissible error as set out in relation to that class, in Table 1 in paragraph 2.1 of Annex IV to the Directive;

(b) in relation to a Class 1.0 gas meter within the meaning of Schedule 1D to the Measuring Instruments Regulations 2016, the maximum permissible error as set out, in relation to that class, in Table 1 in paragraph 2.1 of Schedule 1D to the Measuring Instruments Regulations 2016;

(5) The Gas (Meters) Regulations 1983 do not apply to a meter which is a regulated measuring instrument except for regulation 4 and (so far as is necessary for the interpretation of that regulation) regulation 2.

(6) In regulation 4 of those Regulations—

(a) references, however expressed, to a meter stamped under section 30 of the Gas Act 1972 (which provision is re-enacted in section 17 of the Gas Act 1986) shall be construed as references to a meter bearing the CE marking and M marking;

(b) references to a stamp shall be construed as including references to those markings; and

(i) in relation to a class 1.5 gas meter within the meaning of Schedule 1D to the Measuring Instruments Regulations 2016, twice the maximum permissible error as set out, in relation to that class, in Table 1 in paragraph 2.1 of Schedule 1D to the Measuring Instruments Regulations 2016;

(ii) in relation to a Class 1.0 gas meter within the meaning of Schedule 1D to the Measuring Instruments Regulations 2016, the maximum permissible error as set out, in relation to that class, in Table 1 in paragraph 2.1 of Schedule 1D to the Measuring Instruments Regulations 2016.

Modifications to the application of the Gas Act 1986

5

(1) Article 22 of the Gas (Northern Ireland) Order 1996 (meter testing and stamping) has effect in its application to a meter which is a regulated measuring instrument subject to paragraphs (2) to (4) below.

(2) If the meter is put into use within the meaning of and in accordance with these Regulations (or prior to the commencement date, the Measuring Instruments (Gas Meters) Regulations 2006), it shall for the purposes of article 22(1) and (10), be deemed to have been stamped.

(3) Article 22(2) (insofar as it relates to the duty of a meter examiner to stamp, or authorise the stamping, of a meter) and (3) to (5) must be disregarded.

(4) Paragraphs (2) and (3) do not apply if the error of measurement of the meter exceeds—

(a) in relation to a Class 1.5 gas meter within the meaning of Schedule 1D to the Measuring Instruments Regulations 2016, twice the maximum permissible error as set out, in relation to that class, in Table 1 in paragraph 2.1 of Schedule 1D to the Measuring Instruments Regulations 2016;

(b) in relation to a Class 1.0 relevant instrument within the meaning of Schedule 1D to the Measuring Instruments Regulations 2016, the maximum permissible error as set out, in relation to that class, in Table 1 in paragraph 2.1 of Schedule 1D to the Measuring Instruments Regulations 2016.

Modifications to the application of the Gas (Northern Ireland) Order 1996

6

(1) Schedule 7 to the Electricity Act 1989 (use etc. of electricity meters) has effect in its application to a meter which is a regulated measuring instrument under regulation 3(2)(c) subject to paragraphs (2) to (4) below.

(2) If the meter is put into use within the meaning of and in accordance with these Regulations (or, prior to the commencement date was put into use within the meaning of and in accordance with the Measuring Instruments (Active Electrical Energy Meters) Regulations 2006 ), it shall, for the purpose of paragraphs 2(1)(a), 3(1)(a) and 9(3) of the Schedule, be deemed to be of an approved pattern or construction and installed in an approved manner; and the following rules apply—

(a) for the purposes of paragraphs 2(1)(b) and 3(1)(b) of the Schedule, the meter shall be deemed to be certified under paragraph 5;

(b) for the purpose of the application of paragraphs 7(1)(c) and (2) and 9(3) and (4) of the Schedule, “prescribed margins of error” shall mean the maximum permissible error as set out in paragraph 3 of Schedule 1E of the Measuring Instruments Regulations 2016.

(3) Paragraphs 5(2)(a) and 7(1)(b) of Schedule 7 must be disregarded.

(4) Sub-paragraph (2)(a) above does not apply if the error of measurement of the meter exceeds the maximum permissible error as set out in paragraph 3 of Schedule 1E of the Measuring Instruments Regulations 2016.

(5) If a meter which is a regulated measuring instrument is put into use within the meaning of and in accordance with these Regulations—

(a) regulation 10 of the Meters (Certification) Regulations 1998 ; and

(b) regulation 3 of the Meters (Approval of Pattern or Construction and Manner of Installation) Regulations 1998 ,

do not apply to the meter.

Modifications to the application of the Electricity Act 1989

7

(1) Schedule 7 to the Electricity (Northern Ireland) Order 1992 (use etc. of electricity meters) has effect in its application to a meter which is a regulated measuring instrument subject to paragraphs (2) to (4) below.

(2) If the meter is put into use within the meaning of and in accordance with these Regulations (or, prior to the commencement date was put into use under the Measuring Instruments (Active Electrical Energy Meters) Regulations 2006), it shall, for the purpose of paragraphs 3(1)(a), 4(1)(a) and 10(3) of the Schedule, be deemed to be of an approved pattern or construction and installed in an approved manner; and the following rules shall apply—

(a) for the purposes of paragraphs 3(1)(b) and 4(1)(b), the meter shall be deemed to be certified under paragraph 6; and

(b) for the purpose of the application of paragraphs 8(1)(c) and (2) and 10(3) and (4), “prescribed margins of error” shall mean the maximum permissible error as set out in paragraph 3 of Schedule 1E of the Measuring Instruments Regulations 2016.

(3) Paragraphs 6(2)(a) and 8(1)(b) of Schedule 7 must be disregarded.

(4) Paragraph (2)(a) above does not apply if the error of measurement of the meter exceeds the maximum permissible error as set out in paragraph 3 of Schedule 1E of the Measuring Instruments Regulations 2016.

(5) If a meter which is a regulated measuring instrument is put into use within the meaning of and in accordance with these Regulations—

(a) regulation 10 of the Meters (Certification) Regulations (Northern Ireland) 1998 ; and

(b) regulation 3 of the Meters (Approval of Pattern or Construction and Manner of Installation) Regulations (Northern Ireland) 1998 ,

do not apply to the meter.

SCHEDULE 4 — OPERATIONAL OBLIGATIONS OF NOTIFIED APPROVED BODIES

1

Conformity assessment must be carried out in a proportionate manner, avoiding unnecessary burdens for economic operators.

2

Conformity assessment bodies must perform their activities taking due account of—

(a) the size of an undertaking;

(b) the sector in which it operates,

(d) the degree of complexity of the of the measuring instrument technology in question; and

(e) the mass or serial nature of the production process,

but respecting the degree of rigour and the level of protection required for compliance of the measuring instrument with these Regulations.

3

Where an approved body finds that the essential requirements have not been met by a manufacturer—

(a) it must require that manufacturer to take appropriate corrective measures; and

(b) it must not issue a certificate of conformity.

4

Where in the course of the monitoring of conformity following the issue of a certificate, an approved body finds that a measuring instrument no longer complies, it must require the manufacturer to take appropriate corrective measures and must suspend or withdraw the certificate if necessary.

5

Where corrective measures are not taken or do not have the required effect, the approved body must restrict, suspend or withdraw any certificates, as appropriate.

6

Where a person is aggrieved at a decision taken by an approved body in relation to the conformity assessment of a measuring instrument, the approved body must have appropriate arrangements for the review of that decision by a person who was not involved in the taking of that decision.

7

Approved bodies must inform the Secretary of State of the following—

(a) any refusal, restriction, suspension or withdrawal of a certificate;

(b) any circumstances affecting the scope of or conditions for approval;

(c) any request for information which they have received from market surveillance authorities regarding conformity assessment; and

(d) on request, conformity assessment activities performed within the scope of their approval and any other activity performed, including cross-border activities and subcontracting.

8

Approved bodies must provide other bodies approved approved under these Regulations carrying out similar conformity assessment activities covering the same measuring instruments with relevant information on issues relating to negative and, on request positive conformity assessment results.

9

Approved bodies must—

(a) when requested by the Secretary of State, nominate a representative to attend a group ...; and

(b) ensure attendance of that representative at meetings of the group.

1

(1) A conformity assessment body must have legal personality and must be established in—

(a) the United Kingdom; or

(b) the territory of a party to the CPTPP.

(2) In sub-paragraph (1) “the CPTPP” has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.

2

A conformity assessment body must be independent of the organisation or the measuring instrument it assess. A body belonging to a business association or professional federation representing undertakings involved in the design, manufacturing, provision, assembly, use or maintenance of measuring instruments which it assesses, may, on condition that its independence and the absence of any conflict of interest are demonstrated, be considered such a body.

3

(1) A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks must not be—

(a) the designer, manufacturer, supplier, installer, purchaser, owner, user or maintainer of the measuring instruments they assess; or

(b) the representative of any of the parties referred to in paragraph (a).

(2) Sub-paragraph (1) does not preclude the use of assessed measuring instruments that are necessary for the operations of the conformity assessment body or the use of such instruments for personal purposes.

(3) A conformity assessment body, its top level management and the personnel responsible for carrying out the conformity assessment tasks must not—

(a) be directly involved in the design, manufacture or construction, the marketing, installation, use or maintenance of the measuring instruments they assess;

(b) represent the parties engaged in the activities referred to in paragraph (a); or

(c) engage in any activity that may conflict with their independence of judgement or integrity in relation to conformity assessment activities for which they are approved, in particular consultancy services.

(4) Paragraph (3) does not preclude the possibility of exchanges of technical information between the manufacturer and the body for the purposes of conformity assessment.

(5) Conformity assessment bodies must ensure that the activities of their subsidiaries or sub-contractors do not affect the confidentiality, objectivity or impartiality of their conformity assessment activities.

4

Conformity assessment bodies and their personnel must—

(a) carry out the conformity assessment activities with the highest degree of professional integrity and the requisite technical competence in the specific field; and

(b) be free from all pressures and inducements, particularly financial, which might influence—

(i) their judgement or

(ii) the results of their conformity assessment activities, especially as regards persons or groups of persons with an interest in those activities.

5

(1) A conformity assessment body must be capable of carrying out all the conformity assessment tasks assigned to it by Schedule 1B and in relation to which it has been approved, whether those tasks are carried out by—

(a) the conformity assessment body itself; or

(b) on its behalf and under its responsibility.

(2) At all times and for each conformity assessment procedure and each kind or category of measuring instruments in relation to which it has been approved, a conformity assessment body must have at its disposal the necessary—

(a) personnel with technical knowledge and sufficient and appropriate experience to perform the conformity assessment tasks;

(b) descriptions of procedure in accordance with which conformity assessment is carried out, ensuring, the transparency and the ability of reproduction of those procedures;

(c) appropriate policies and procedures in place that distinguish between tasks it carries out as an approved body and other activities; and

(d) procedure for the performance of activities which take due account of the size of and undertaking, the sector in which it operates, its structure, the degree of complexity of the measuring instrument technology in question and the mass or serial nature of the production process.

(3) A conformity assessment body must have—

(a) the means necessary to perform the technical and administrative tasks connected with the conformity assessment activities in an appropriate manner; and

(b) access to all necessary equipment or facilities.

6

The personnel responsible for carrying out conformity assessment tasks must have the following—

(a) sound technical and vocational training covering all the conformity assessment activities in relation to which the conformity assessment body has been approved;

(b) satisfactory knowledge of the requirements of the assessments they carry out and adequate authority to carry out those assessments;

(i) the essential requirements;

(ii) the applicable designated standards and normative documents; and

(iii) the relevant provisions ... of applicable legislation; and

(d) the ability to draw up certificates, records and reports demonstrating that assessments have been carried out.

7

(1) The impartiality of the conformity assessment bodies, their top level management and of the personnel responsible for carrying out the conformity assessment tasks must be guaranteed.

(2) The remuneration of the top level management and personnel responsible for carrying out the conformity assessment tasks of a conformity assessment body must not depend on the number of assessments carried out or the results of those assessments.

8

(1) Conformity assessment bodies must take out liability insurance.

(2) Sub-paragraph (1) does not apply to the Secretary of State or a body where liability for conformity assessment activities is assumed by the Crown.

9

(1) The personnel of a conformity assessment body must observe professional secrecy with regard to all information obtained in the carrying out their tasks under these Regulations ....

(2) Proprietary rights must be protected.

10

Conformity assessment bodies must participate in, or ensure that their personnel responsible for carrying out the conformity assessment tasks are informed of, the relevant standardisation activities and the activities of the approved body co-ordination group established by the Secretary of State and must apply as general guidance, the administrative decisions and documents produced as a result of the work of that group.

SCHEDULE 6 — IN SERVICE REQUIREMENTS FOR CERTAIN REGULATED MEASURING INSTRUMENTS IN GREAT BRITAIN

PART 1 — INTRODUCTORY

1

(1) This Schedule applies to the use for trade of regulated measuring instruments as follows—

(a) Part 2 applies to water meters used for trade for the supply of potable water in the temperature range from 0.1°C to and including 30°C;

(b) Part 3 applies to measuring systems which are used for the continuous and dynamic measurement in a quantity not exceeding 100 litres or 100 kilograms of a liquid fuel, lubricant or a mixture of fuel and lubricant other than—

(i) liquefied petroleum gas; or

(ii) liquefied natural gas;

(c) Part 4 applies to measuring systems (other than one used in connection with the refuelling of aircraft, ships or hovercraft) which are used for the continuous and dynamic measurement in a quantity exceeding 100 litres or 100 kilograms of liquid fuels delivered from a road tanker other than—

(i) liquefied gases;

(ii) lubricating oils;

(iii) liquid fuels of a temperature below -153°C; or

(iv) liquid fuels of a dynamic viscosity exceeding 100 millipascal seconds at 15°C;

(d) Part 5 applies to automatic catchweighers;

(e) Part 6 applies to automatic gravimetric filling instruments;

(f) Part 7 applies to automatic discontinuous totalisers;

(g) Part 8 applies to automatic rail weighbridges;

(h) Part 9 applies to beltweighers;

(i) Part 10 applies to material measures of length; and

(j) Part 11 applies to capacity serving measures.

(2) In this Schedule, “minimum measured quantity” means, in relation to a measuring system, the smallest quantity of liquid fuel for which the measurement is metrologically acceptable for the measuring system.

PART 2 — COLD WATER METERS

Requirements for use for trade

2

No person may use for trade a water meter for the supply of potable water to domestic premises in the temperature range from 0.1°C to and including 30°C (“a cold water meter”) unless—

(a) it is compliant with the essential requirements applicable to cold water meters (other than the provisions relating to maximum permissible errors);

(b) it operates within the maximum permissible errors set out in paragraph 3; and

Maximum permissible error

3

(1) Where a cold-water meter is used for trade within a flowrate range set out in column 1 of the following Table, it must operate within the maximum permissible error specified for that flowrate range set out in column 2 of that Table.

Column 1	Column 2
Flowrate range	Maximum permissible error as a percentage of quantity delivered
Q₁ to ˂ Q₂	± 6%
Q₂ to and including Q₄	± 2.5%

(2) For the purposes of that Table—

(a) “Q₁” is the lowest flowrate at which the cold-water meter provides indications that satisfy the requirements concerning the maximum permissible errors;

(b) “Q₂” is the flowrate value occurring between the permanent and minimum flowrates, at which the flowrate range is divided into two zones, the upper zone and the lower zone, each zone having a characteristic maximum permissible error;

(d) “Q₄” is the highest flowrate at which the cold-water meter operates in a satisfactory manner.

4

(1) Where a cold water meter is marked with—

(a) a temperature range, it must not be used for trade in temperatures outside that range; or

(b) a flowrate range, it must not be used at a flowrate outside that range.

(2) Where a cold-water meter bears a mark which signifies the manner and purposes of use, it must not be used for trade in a manner or for a purpose which does not accord with that marking.

(3) A cold water meter must not be used for trade in circumstances—

(a) in which it may be prevented from operating consistently or accurately; or

(b) which are likely prematurely to degrade its metrological characteristics.

(4) A cold-water meter must not be used for trade unless, when adjusted, the calibration of the instrument is set as close to zero as practicable.

PART 3 — LIQUID FUEL AND LUBRICANTS

Requirements for use for trade

5

In this Part of this Schedule, “measuring system” means a measuring system which is used for the continuous and dynamic measurement in a quantity not exceeding 100 litres or 100 kilograms of a liquid fuel, lubricant or a mixture of fuel and lubricant other than—

(a) liquefied petroleum gas; or

(b) liquefied natural gas.

6

No person may use for trade a measuring system unless—

(a) it is compliant with the essential requirements other than the provisions relating to maximum permissible errors;

(b) it is so positioned as to facilitate testing;

(d) the requirements of paragraph 8 are complied with.

Maximum permissible error

7

(1) In the case of a measuring system used to measure a quantity of liquid fuel—

(a) above the minimum measured quantity of the measuring system, the maximum permissible error shall be determined in accordance with the following Table.

	Accuracy class of measuring system	Accuracy class of measuring system	Accuracy class of measuring system	Accuracy class of measuring system	Accuracy class of measuring system
	0.3	0.5	1.0	1.5	2.5
Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
Quantity	MPE	MPE	MPE	MPE	MPE
Less than 0.1L	+ 4.8mL-2.4mL	+8mL-4mL	+16mL-8mL	+24mL-12mL	+40mL-20mL
From 0.1L to ˂ 0.2L	+ 4.8%-2.4%	+ 8%-4%	+16%-8%	+ 24%-12%	+ 40%-20%
From 0.2L to ˂ 0.4L	+ 4.8mL-2.4mL	+ 8mL-4mL	+ 16mL-8mL	+ 24mL-12mL	+ 40mL-20mL
From 0.4L to ˂ 1L	+ 1.2%-0.6%	+ 2%-1%	+ 4%-2%	+ 6%-3%	+ 10%-5%
From 1L to ˂ 2L	+12mL-6mL	+20mL-10mL	+40mL-20mL	+60mL-30mL	+100mL-50mL
2L or more	+0.6%-0.3%	+1%-0.5%	+2%-1%	+3%-1.5%	+5%-2.5%

(b) equal to the minimum measured quantity of the measuring system, the maximum permissible error shall be determined in accordance with the following Table.

	Accuracy class of measuring system	Accuracy class of measuring system	Accuracy class of measuring system	Accuracy class of measuring system	Accuracy class of measuring system
	0.3	0.5	1.0	1.5	2.5
Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
Quantity	MPE	MPE	MPE	MPE	MPE
Less than 0.1L	+4.8mL-2.4mL	+8mL-4mL	+16mL-8mL	+24mL-12mL	+40mL-20mL
From 0.1L to ˂ 0.2L	+ 4.8%-2.4%	+8%-4%	+ 16%-8%	+24%-12%	+40%-20%
From 0.2L to ˂ 0.4L	+ 9.6mL-4.8mL	+ 16mL-8mL	+ 32mL-16mL	+ 48mL-24mL	+ 80mL-40mL
From 0.4L to ˂ 1L	+ 2.4%-1.2%	+ 4%-2%	+8%-4%	+ 12%-6%	+ 20%-10%
From 1L to ˂ 2L	+24mL-12mL	+40mL-20mL	+80mL-40mL	+120mL-60mL	+200mL-100mL
2L or more	+1.2%-0.6%	+2%-1%	+4%-2%	+6%-3%	+10%-5%

(2) But the maximum permissible error for a quantity above the minimum measured quantity of the measuring system shall not be less than the maximum permissible error for a quantity equal to the minimum measured quantity.

(3) Where the measuring system falls within an accuracy class of 0.3, 0.5, 1.0, 1.5 or 2.5, it shall, for a quantity set out in column 1 of the relevant Table, operate within the maximum permissible error set out in column 2, 3, 4, 5 or 6 of that Table for that class and that quantity.

Manner of use

8

(1) Where a measuring system is marked with—

(a) a temperature range, it must not be used for trade in temperatures outside that range; and

(b) a flowrate range, it must not be used for trade at a flowrate outside that range.

(2) A measuring system must not be used for trade unless it is marked in a manner which is sufficiently clear to enable the buyer to identify the product which that measuring system delivers but this paragraph does not apply where the measuring system is used in the absence of the buyer.

(3) A measuring system must not be used for trade in circumstances which are likely prematurely to degrade its metrological characteristics.

(4) A measuring system must not be used for trade unless the sales indicator—

(a) is set to zero before measurement of the liquid fuel commences;

(b) remains at zero until that fuel starts to emerge from the system;

(d) cannot be advanced by any means other than by the discharge of that fuel from the system and the proper operation of the system.

(5) If a measuring system is adjusted, it must not be used for trade unless the calibration of the system is set as close to zero error as is practicable.

(6) Where a measuring system used for trade bears a mark (other than a mark referred to in paragraph (1)) which signifies the manner and purpose of use, that system must not be used in a manner or for a purpose which does not accord with that marking.

(7) A measuring system must not be used in circumstances in which it may be prevented from operating consistently or accurately.

(8) Nothing in paragraphs (6) or (7) shall prevent the use for trade of a measuring system where a buyer chooses to take a delivery which is less than the minimum measured quantity.

PART 4 — LIQUID FUEL DELIVERED FROM ROAD TANKERS

Requirements for use for trade

9

In this Part of this Schedule, “measuring system” means a measuring system (other than one used in connection with the refuelling of aircraft, ships or hovercraft) which is used for the continuous and dynamic measurement in a quantity exceeding 100 litres or 100 kilograms of liquid fuel delivered from a road tanker other than—

(a) liquefied gases;

(b) lubricating oils;

(d) liquid fuels of a dynamic viscosity exceeding 100 millipascal seconds at 15°C.

10

No person shall use for trade a measuring system unless—

(a) it is compliant with the essential requirements other than the provisions relating to maximum permissible errors;

(b) it is erected an installed so as to facilitate testing;

(d) the requirements of paragraphs 12 and 13 are complied with.

Maximum permissible error

11

(1) A measuring system which falls within an accuracy class of 0.3, 0.5 or 1.0 must, when used to measure a quantity set out in column 1 of the following Table, operate within the maximum permissible error as set out in column 2, 3 or 4 of that Table for that class and that quantity.

	Accuracy class	Accuracy class	Accuracy class
	0.3	0.5	1.0
Column 1	Column 2	Column 3	Column 4
Quantity delivered	Maximum permissible error	Maximum permissible error	Maximum permissible error
MMQ to and including MMQ x 2	± 0.6% x MMQ	± 1% x MMQ	±2% x MMQ
˃MMQ x 2	± 0.3% x quantity delivered	± 0.5% x quantity delivered	± 1.0% x quantity delivered

(2) In the Table, “MMQ” means minimum measured quantity.

Manner of use

12

(1) Where a measuring system is marked with—

(a) a temperature range, it must not be used for trade in temperatures outside that range; or

(b) a flowrate range, it must not be used for trade at a flowrate outside that range.

(2) A measuring system which bears a mark which signifies the manner and purpose of use must not be used for trade in a manner or for a purpose which does not accord with that marking.

(3) If a measuring system is adjusted, it must not be used for trade unless the calibration of the system is set as close to zero error as is practicable.

(4) A measuring system must not be used for trade unless it is fitted with a ticket printing mechanism which provides an individual printed ticket.

(5) A measuring system must not be used for trade in circumstances which are likely prematurely to degrade its metrological characteristics.

(6) A measuring system must not be used for trade unless the sales indicator—

(a) is set to zero before measurement of the liquid fuel commences;

(b) remains at zero until that fuel starts to emerge from the instrument;

(d) cannot be advanced by any means other than by the discharge of that fuel from the instrument and the proper operation of instrument.

(7) A measuring system must not be used in circumstances—

(a) which are likely prematurely to degrade its metrological characteristics; or

(b) in which it may be prevented from operating consistently or accurately.

Minimum measured quantity

13

(1) A measuring system must not be used to measure quantities of liquid fuel delivered from a road tanker that are less than the minimum measured quantity but this paragraph does not apply where—

(a) a measurement is made to determine payments in respect of any customs or excise duty; or

(b) a frustrated delivery has taken place and all reasonable precautions have been taken and all due diligence has been exercised to avoid a frustrated delivery.

(2) In sub-paragraph (1)(b), “frustrated delivery” means a delivery of liquid fuel from a road tanker which cannot be completed because—

(a) there is insufficient space in the buyer's storage tank;

(b) continuing the delivery would result in contamination of the liquid fuel or the mixing of different types of liquid fuel; or

PART 5 — AUTOMATIC CATCHWEIGHERS

Interpretation of Part

14

In this Part references to an automatic catchweigher are to accuracy classes Y(I), Y(II), Y(a) and Y(b) as defined in Schedule 1G.

Requirements for use for trade of automatic catchweighers

15

(1) No person shall use for trade an automatic catchweigher unless—

(a) it is compliant with the essential requirements other than the provisions relating to maximum permissible errors;

(b) in the case of an automatic catchweigher of accuracy class Y(I), Y(II), Y(a) or Y(b) it operates within the maximum permissible errors in paragraph 16;

(d) it has been erected and installed in accordance with the requirements of paragraph 21.

Maximum permissible error

16

(1) The maximum permissible error for an automatic catchweigher in automatic operation is to be determined in accordance with the following table—

Net Load (m) in verification scale intervals (e)	Net Load (m) in verification scale intervals (e)	Net Load (m) in verification scale intervals (e)	Net Load (m) in verification scale intervals (e)	Maximum permissible error
Y(I)	Y(II)	Y(a)	Y(b)
0 ˂ m ≤ 50 000	0 ˂ m ≤ 5 000	0 ˂ m ≤ 500	0 ˂ m ≤ 50	±2e
50 000 ˂ m ≤ 200 000	5 000 ˂ m ≤ 20 000	500 ˂ m ≤ 20 2000	50 ˂ m ≤ 200	±3e
200 000 ˂ m	20 000 ˂ m≤ 100 000	2 000 ˂ m ≤ 10 000	200 ˂ m ≤ 20 1 000	±4e

(2) The maximum permissible error for an automatic catchweigher in non-automatic operation is to be determined in accordance with the following table—

Net Load (m) in verification scale intervals (e)	Net Load (m) in verification scale intervals (e)	Net Load (m) in verification scale intervals (e)	Net Load (m) in verification scale intervals (e)	Maximum permissible error
Y(I)	Y(II)	Y(a)	Y(b)
0 ˂ m ≤ 50 000	0 ˂ m ≤ 5 000	0 ˂ m ≤ 500	0 ˂ m ≤ 50	±1e
50 000 ˂ m ≤ 200 000	5 000 ˂ m ≤ 20 000	500 ˂ m ≤ 20 2000	50 ˂ m ≤ 200	±2e
200 000 ˂ m	20 000 ˂ m≤ 100 000	2 000 ˂ m ≤ 10 000	200 ˂ m ≤ 20 1 000	±3e

Manner of use

17

An automatic catchweigher marked with a measurement range may be used for trade for determining the difference between two weights where both items fall within the measurement range.

18

Where an automatic catchweigher is marked with a measurement range, no person may use the catchweigher 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

19

No person may use for trade an automatic catchweigher other than catchweigher of accuracy class Y(I) or Y(II) in any transaction—

(a) in, or in articles made from gold silver or other precious metals, including gold or silver thread or fringe; or

(b) in precious stones or pearls.

20

(1) Where an automatic catchweigher is marked with a temperature range, it must not be used for trade in temperatures outside that range.

(2) Where an automatic catchweigher bears a mark which signifies the manner and purpose of use, it must not be used for trade in a manner or for a purpose which does not accord with that marking.

(3) An automatic catchweigher of accuracy class Y(b) must only be used for weighing ballast or waste.

(4) An automatic catchweigher must not be used for trade in circumstances—

(a) in which it may be prevented from operating consistently or accurately; or

(b) which are likely prematurely to degrade its metrological characteristics.

(5) For the purposes of paragraph (3), “waste” means any substance that its holder discards, or intends or is required to discard, including any waste disposed of for reprocessing or recycling purposes.

Manner of erection and installation

21

(1) Every automatic catchweigher must be positioned so as to facilitate cleaning and testing.

(2) The installation of an automatic catchweigher must be so designed that an automatic weighing operation will be the same for testing as for use for a transaction.

(3) If an automatic catchweigher has any special equipment for its control which is not a permanent fixture of the catchweigher, it must be kept in the vicinity of the catchweigher.

PART 6 — AUTOMATIC GRAVIMETRIC FILLING INSTRUMENTS

22

(1) No person may use for trade an automatic gravimetric filling instrument unless—

(a) it is compliant with the essential requirements other than the provisions relating to permissible errors;

(b) the instrument operates within the limits of the maximum permissible error determined in accordance with paragraph 23;

(d) it has been erected and installed in accordance with the requirements of paragraph 26;

(e) subject to paragraph (f), where test fills are required these limits are determined on the basis of consecutive fills; and

(f) in the case of an instrument of the description and maximum capacity set out respectively, in columns 1 and 2 of the Table set out in this paragraph, it is within the accuracy class specified for that instrument in column 3 or within an accuracy class of a higher level of precision than the specified class.

Description of use of filling instrument	Maximum capacity of filling instruments	Accuracy Class
(1)	(2)	(3)
For use for weighing potato crisps and other snack foods	Any capacity	X(2)
For use for weighing solid fuel	110 kg or less	X(1)
For use for weighing vegetable produce	55 kg or less	X(1)
For weighing waste	Any capacity	X(1)
For use for weighing materials not described in any of the above	Less than 5 kg	X(1)
For use for weighing materials not described in any of the above	5 kg or more	X(0.5)

Maximum permissible error

23

(1) A automatic gravimetric filling instrument shall have a specified accuracy class X(x) for which the maximum permissible error value of each fill from the average shall be equal to the limits specified in the following table, multiplied by the class designation factor (x) calculated in accordance with sub-paragraph (2)—

Value of the mass of the fills (m) in grams	Maximum permissible deviation of each fill from the average for class X(1)
	In use
m ≤ 50	9%
50 ˂ m ≤ 100	4.5 grams
100 ˂ m ≤ 200	4.5%
200 ˂ m ≤ 300	9 grams
300 ˂ m ≤ 500	3%
500 ˂ m ≤ 1000	15 grams
1 000 ˂ m ≤ 10 000	1.5%
10 000 ˂ m ≤ 15 000	150 grams
15 000 ˂ m	1%

(2) In sub-paragraph (1), (x) shall be 1 x 10k, 2 x 10k, 5 x 10k, k being a positive or negative whole number or zero.

(3) For in-service testing, when the reference particle mass exceeds 0.1 of the maximum permissible in-service deviation, the values derived from the table in sub-paragraph (1) shall be increased by 1.5 times the value of the reference particle mass. However the maximum value of the maximum permissible deviation shall not exceed (x) by 9%.

(4) Particle mass correction is not applicable to limits which are derived from the table in sub-paragraph (1) including influence quality tests and zero setting.

(5) The table in sub-paragraph (1) is illustrative of the maximum permissible deviation where the class designation factor is 1.

Manner of use

24

(1) Where an automatic gravimetric filling instrument is marked with a temperature range, it must not be used for trade in temperatures outside that range.

(2) Where an automatic gravimetric filling instrument bears a mark which signifies the manner and purpose of use, it must not be used for trade in a manner or for a purpose which does not accord with that marking.

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