Measuring Instruments (EEC Requirements) Regulations 1975
| Jurisdiction | UK Non-devolved |
| Citation | SI 1975/1173 |
| Year | 1975 |
1975 No. 1173
WEIGHTS AND MEASURES
The Measuring Instruments (EEC Requirements) Regulations 197515thJuly 1975
25thJuly 1975
18thAugust 1975
The Secretary of State, being a Minister designated(a) for the purposes of section 2(2) of the European Communities Act 1972(b) 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 by that section, hereby makes the following regulations:—
PART I
GENERAL
Citation and commencement
1. These regulations may be cited as the Measuring Instruments (EEC Requirements) Regulations 1975 and shall come into operation on 18th August 1975.
Pattern approval and initial verification: the EEC signs and marks
2.—(1) The EEC signs and marks referred to in these regulations are the signs and marks described in Schedule 1 to these regulations, which relate to EEC pattern approval and EEC initial verification.
(2) In these regulations references to an EEC sign or mark of a description mentioned in column 1 below are references to the sign or mark described in the paragraph of Schedule 1 to these regulations specified in column 2 below in relation to that sign or mark.
(a) The European Communities (Designation) Order 1975, S.I. 1975/427 (1975 I, p. 1345).
(b) 1972 c. 68.
Paragraph of Schedule 1
EEC sign or mark describing the sign or mark
The sign of EEC pattern approval Paragraph 1
The sign of EEC limited pattern approval Paragraph 2
The sign of exemption from EEC pattern approval Paragraph 3
The sign of EEC pattern approval and exemption
from EEC initial verification Paragraph 4
The mark of EEC initial verification Paragraph 5
The mark of EEC partial verification Paragraph 6
(3) In these regulations, references to the United Kingdom version of a sign or mark mentioned in column 1 of paragraph (2) above are references—
(a) to the sign or mark appropriate, in accordance with the provisions of Schedule 1 to these regulations, for an EEC pattern approval granted or (as the case may be) an EEC initial verification carried out in the United Kingdom; or
(b) in the case of the sign of exemption from EEC pattern approval, to the sign appropriate, in accordance with paragraph 3 of that Schedule, for an instrument constructed in the United Kingdom and exempt from EEC pattern approval.
Application of these regulations
3. Subject to any further provision which may be made under section 2(2) of the European Communities Act 1972 for applying these regulations to any other category of measuring instruments, these regulations apply to instruments of the following categories only:—
(a) instruments of a category to which the Directive on medium accuracy bar weights and cylindrical weights applies;
(b) instruments of a category to which the Directive on meters for liquids other than water applies;
(c) instruments of a category to which the Directive on the measuring of the standard mass per storage volume of grain applies;
(d) instruments of a category to which the Directive on ancillary equipment for meters for liquids other than water applies;
(e) instruments of a category to which the Directive on material measures of length applies; and
(f) instruments of a category to which the Directive on above-medium accuracy weights applies.
Interpretation and extent
4.—(1) In these regulations—
"the Directive on medium accuracy bar weights and cylindrical weights" means Council Directive No. 71/317/EEC(a);
"the Directive on meters for liquids other than water" means Council Directive No. 71/319/EEC(b);
(a) O.J. No. L202, 6.9.1971, p. 14 (O.J./S.E. 1971 (II) p. 721).
(b) O.J. No. L202, 6.9.1971, p. 32 (O.J./S.E. 1971 (III) p. 740).
"the Directive on the measuring of the standard mass per storage volume of grain" means Council Directive No. 71/347/EEC(a), as amended(b);
"the Directive on ancillary equipment for meters for liquids other than water" means Council Directive No. 71/348/EEC(c), as amended(d);
"the Directive on material measures of length" means Council Directive No. 73/362/EEC(e);
"the Directive on above-medium accuracy weights" means Council Directive No. 74/148/EEC(f);
"inspector" means, in Great Britain, an inspector of weights and measures appointed or deemed to have been appointed under section 41 of the Weights and Measures Act 1963(g), and means, in Northern Ireland an inspector of weights and measures appointed under section 27 of the Weights and Measures Act (Northern Ireland) 1967(h);
"instrument" includes ancillary equipment;
"local weights and measures authority", in relation to any functions under these regulations of any such authority which are for the time being the subject of any arrangements made by such authority for the discharge of any of its functions by another local authority, includes the authority by whom those functions fall to be exercised under the arrangements;
"manufacturer", where more than one person is responsible for the manufacture of an instrument, means the person responsible for the final stage of manufacture;
"use for trade", in relation to any measuring instrument, has, in Great Britain, the same meaning as it has in section 9 of the Weights and Measures Act 1963 and has, in Northern Ireland, the same meaning as it has in section 3 of the Weights and Measures Act (Northern Ireland) 1967, in relation to weighing or measuring equipment within the meaning of those Acts; subject however to the addition at the end of subsection (2)(a) of the said section 9 and at the end of subsection (2)(a) of the said section 3 of the words "and any member state other than the United Kingdom".
(2) In these regulations "the relevant Directive" means—
(a) in the case of a category of instruments to which these regulations apply by virtue of regulation 3 above, the Directive mentioned as applying to that category in paragraph (a), (b), (c), (d), (e) or (f) of that regulation;
(b) in the case of any category of instruments to which these regulations are applied by virtue of any further provision made under section 2(2) of the European Communities Act 1972, the Council Directive laying down technical requirements for that category of instruments.
(a) O.J. No. L239, 25.10.1971, p.1 (O.J./S.E. 1971 (III) p. 852).
(b) Cmnd. 5179—I p. 181.
(c) O.J. No. L239, 25.10.1971, p.9 (O.J./S.E. 1971 (III) p. 860).
(d) Cmnd. 5179—I p. 182.
(e) O.J. No. L335, 5.12.1973. p. 56.
(f) O.J. No. L84, 28.3.1974, p. 3.
(g) 1963 c. 31.
(h) 1967 c. 6 (N.I.)
(3) The Interpretation Act 1889(a) shall apply for the interpretation of these regulations as it applies for the interpretation of an Act of Parliament.
(4) Subject to the provisions set out in Schedule 5 hereto, these regulations shall extend to Northern Ireland.
PART II
EXEMPTION OF INSTRUMENTS BEARING CERTAIN EEC SIGNS AND MARKS FROM LEGAL RESTRICTIONS IN THE UNITED KINGDOM
5.—(1) Section 10(1)(b) of the Weights and Measures Act 1963 (prohibition on use for trade of any weight not included in Schedule 3 to that Act) and section 4(1)(b) of the Weights and Measures Act (Northern Ireland) 1967 (prohibition on use for trade of any weight not included in Schedule 1 to that Act) shall not apply to a weight of 50 kilogrammes which bears the mark of EEC initial verification.
(2) Section 11(2) of the said Act of 1963 and section 5(2) of the said Act of 1967 (prohibition on the use for trade etc. of weighing or measuring equipment of a class or description prescribed under section 11 or section 5, as the case may be, without its having been passed as fit for such use) shall not apply to any instrument which bears either—
(a) the sign of EEC pattern approval and exemption from EEC initial verification, or
(b) the mark of EEC initial verification.
(3) An instrument (including any weight) which bears the sign or mark mentioned in paragraph (2) above shall not be found false or unjust for the purposes of section 16(1) of the said Act of 1963 or section 10(1) of the said Act of 1967 (prohibition on use for trade etc. of any weighing or measuring equipment which is false or unjust) by reason solely of any inaccuracy in the functioning of the instrument, if the error in question is not such as to permit the obliteration of the sign or mark under regulation 20(1)(a) below.
(4) This regulation only applies if the sign or mark remains undefaced otherwise than by reason of fair wear and tear.
PART III
EEC PATTERN APPROVAL AND INITIAL VERIFICATION IN THE UNITED KINGDOM
Introductory
6.—(1) This Part of these regulations contains provisions with respect to the grant, extension and revocation of EEC pattern approval in the United Kingdom and the carrying out of EEC initial verification in the United Kingdom and generally with respect to the application in the United Kingdom of the EEC signs and marks.
(2) The following Table indicates, in relation to each Directive mentioned in regulation 3(1) above, whether it provides for both pattern approval and initial verification, or just one of them, in relation to instruments of a category to which it applies.
(a) 1889 c. 63.
TABLE
Whether it provides for pattern approval
or initial verification, or both
Directive
Pattern approval Initial verification
The Directive on medium accuracy No Yes
bar weights and cylindrical
weights
The Directive on meters for liquids Yes Yes
other than water
The Directive on the measuring Yes Yes
of the standard mass per storage
volume of grain
The Directive on ancillary equip- Yes Yes
ment for meters for liquids
other than water
The Directive on material Yes Yes
measures of length
The Directive on above-medium No Yes
accuracy weights.
EEC pattern approval
7.—(1) Where any pattern of instrument is submitted to the Secretary of State for the purpose by the manufacturer or his authorised representative, the Secretary of State shall, on payment of such fee as may be prescribed by, or determined under...
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