Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995
| Jurisdiction | UK Non-devolved |
| Citation | SI 1995/2607 |
| Year | 1995 |
1995 No. 2607
ELECTRICITY
The Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995
Made 4th October 1995
Laid before Parliament 6th October 1995
Coming into force 1st November 1995
The Secretary of State, being a Minister designated1for the purpose of section 2(2) of the European Communities Act 19722in relation to the regulation of specifications, construction, placing on the market and use of equipment intended for weighing, measuring or testing or purposes ancillary thereto, in exercise of the powers conferred by that section, hereby makes the following Regulations:—
Citation, commencement and revocation
1.—(1) These Regulations may be cited as the Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995 and shall come into force on 1st November 1995.
(2) The Measuring Instruments (EEC Requirements) (Electrical Energy Meters) Regulations 19803are hereby revoked.
Interpretation and extent
2.—(1) In these Regulations,
(a)
(a) “the Act” means the Electricity Act 19894;
(b)
(b) “the Directive on electrical energy meters” means Council Directive No. 76/891/EEC5as amended by Commission Directive No. 82/621/EEC6and Protocol 1 and Part IX of Annex II to the EEA Agreement;
(c)
(c) “the Director” means the Director General of Electricity Supply or the Director General of Electricity Supply for Northern Ireland, as the case may be;
(d)
(d) “EC initial verification” includes “EEC initial verification” and “EC pattern approval” includes “EEC pattern approval”;
(e)
(e) “EC mark” includes “EEC mark”, and “EC sign” includes “EEC sign”;
(f)
(f) “the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 19927, together with the Protocol adjusting that Agreement signed at Brussels on 17th March 19938;
(g)
(g) “EEA State” means a state which, at the date of the entry into force of these Regulations, is a Contracting Party to the EEA Agreement;
(h)
(h) “electricity meter examiner” means a meter examiner appointed under paragraph 4 of Schedule 7 to the Act or paragraph 5(1) of Schedule 7 to the Northern Ireland Order;
(i)
(i) “electricity supplier” has the meaning given to it by paragraph 13 of Schedule 7 to the Act or paragraph 1 of Schedule 7 to the Northern Ireland Order, as the case may be;
(j)
(j) “manufacturer”, where more than one person is responsible for the manufacture of an instrument, means the person responsible for the final stage of manufacture;
(k)
(k) “the 1988 Regulations” means the Measuring Instruments (EEC Requirements) Regulations 19889;
(l)
(l) “the Northern Ireland Order” means the Electricity (Northern Ireland) Order 199210;
(m)
(m) “relevant instrument” means an instrument of a category to which the Directive on electrical meters applies; and
(n)
(n) “the seal of EC initial verification” means the seal incorporating the mark of EC initial verification.
(2) These Regulations shall extend to Northern Ireland.
Modifications to Schedule 7 to the Act
3.—(1) Schedule 7 to the Act (use etc. of electricity meters) shall have effect subject to the following provisions in its application to a meter which is a relevant instrument.
(2) If the meter is of a pattern in respect of which an EC pattern approval has been granted, for the purposes of paragraphs 2(1)(a), 3(1)(a), 5(2)(a), 7(1)(b), and 9(3) it shall be deemed to be of an approved pattern or construction.
(3) If the meter bears the mark of EC initial verification, the following rules shall apply—
(a)
(a) for the purposes of paragraphs 2(1)(b) and 3(1)(b), and subject to any provision in regulations under paragraph 5(4)(a) for the termination of certification, the meter shall be deemed to be certified under paragraph 5;
(b)
(b) for the purposes of the application of paragraphs 7(1)(c) and (2) and 9(3) and (4), “prescribed margins of error” shall be construed in accordance with paragraph 13 notwithstanding that such margins of error were prescribed with respect to certification;
(c)
(c) if the meter is installed and the installer had reason to believe that the manufacturer had given directions about its installation, for the purposes of paragraphs 2(1)(a), 3(1)(a), 7(1)(b) and 9(3) it shall be deemed to be installed in an approved manner if (and only if) it is installed in accordance with the directions; and
(d)
(d) if the meter is installed and the installer had no reason to believe that the manufacturer had given directions about its installation, for the purposes of paragraphs 2(1)(a), 3(1)(a), 7(1)(b) and 9(3) it shall be deemed to be installed in an approved manner if (and only if) the manner of installation does not impede its operation with the prescribed margins of error; and for this purpose “prescribed margins of error” shall be construed in accordance with paragraph 13 notwithstanding that such margins of error were prescribed with respect to certification.
(4) This regulation applies in relation to the use or certification of meters on or after 1st November 1995.
Modifications to Schedule 7 to the Northern Ireland Order
4.—(1) Schedule 7 to the Northern Ireland Order (use etc. of electricity meters) shall have effect subject to the following provisions in its application to a meter which is a relevant instrument.
(2) If the meter is of a pattern in respect of which an EC pattern approval has been granted, for the purposes of paragraphs 3(1)(a), 4(1)(a), 6(2)(a), 8(1)(b) and 10(3) it shall be deemed to be an approved pattern or construction.
(3) If the meter bears the mark of EC initial verification, the following rules shall apply—
(a)
(a) for the purposes of paragraphs 3(1)(b) and 4(1)(b), and subject to any provision in regulations under paragraph 6(4)(a) for the termination of certification, the meter shall be deemed to be certified under paragraph 6;
(b)
(b) for the purposes of the application of paragraphs 8(1)(c) and (2) and 10(3) and (4) “prescribed margins of error” shall be construed in accordance with paragraph 1 notwithstanding that such margins of error were prescribed with respect to certification;
(c)
(c) if the meter is installed and the installer had reason to believe that the manufacture had given directions about its installation, for the purposes of paragraphs 3(1)(a), 4(1)(a), 8(1)(b), and 10(3) it shall be deemed to be installed in an approved manner if (and only if) it is installed in accordance with the directions; and
(d)
(d) if the meter is installed and the installer had no reason to believe that the manufacturer had given directions about its installation, for the purposes of paragraphs 3(1)(a), 4(1)(a), 8(1)(b) and 10(3) it shall be deemed to be installed in an approved manner if (and only if) the manner of installation does not impede its operation within the prescribed margins of error; and for this purpose “prescribed margins or error” shall be construed in accordance with paragraph 1 notwithstanding that such margins of error were prescribed with respect to certification.
(4) This regulation applies in relation to use or certification of meters on or after 1st November 1995.
Application of provisions of the 1988 Regulations
5.—(1) Subject to the modifications specified in paragraph (2) below—
(a)
(a) the provisions of regulation 4 of and Schedule 1 to the 1988 Regulations (pattern approval and initial verification: the EC signs and marks) shall apply in relation to these Regulations as they apply in relation to the 1988 Regulations, and references in these Regulations to EC signs or marks shall be construed accordingly; and
(b)
(b) the following provisions of the 1988 Regulations relating to EC pattern approval shall apply in relation to relevant instruments: regulation 8 (with the omission of paragraph (4)) and Schedule 2, and regulations 9, 10, 11, 12(2), 12(4), 16 and 18.
(2) The modifications referred to in paragraph (1) above are as follows:
(a)
(a) references to a member State shall be construed as referring to a member State or an EEA State;
(b)
(b) except for the purpose of any reference to “Schedule 1 to these Regulations”, references in the 1988 Regulations to “these Regulations” shall be construed as referring to these Regulations in addition to such provisions of the 1988 Regulations as are applied by paragraph (1) of this regulation;
(c)
(c) references to an instrument shall be construed as referring to a relevant instrument;
(d)
(d) references to an instrument being used for trade shall be construed as referring to a relevant instrument being used for ascertaining the quantity of electricity supplied by an electricity supplier to a customer;
(e)
(e) references to “the relevant Directive” shall be construed as referring to the Directive on electrical energy meters; and
(f)
(f) references to “the Secretary of State” shall be construed as referring instead to the Director.
(3) The provisions of the 1988 Regulations applied by paragraph (1) above shall be construed in accordance with these Regulations.
Material to be submitted with application for EC pattern approval
6.—(1) An application for EC pattern approval shall be accompanied by the materials specified in Schedule 1 hereto.
(2) Where the application additionally relates to a variant of any instrument submitted with the application, the Director may in addition require the submission of a sample of the variant in question.
Effect of revocation of EC pattern approval
7.—(1) Where—
(a)
(a) the Director revokes an EC pattern approval relating to a category of relevant instruments, or
(b)
(b) it appears to the Director that any such pattern approval has been revoked by any member State other than the United Kingdom...
To continue reading
Request your trial