Measuring Instruments (EEC Requirements) Regulations 1980
| Jurisdiction | UK Non-devolved |
| Citation | SI 1980/1058 |
| Year | 1980 |
1980 No. 1058
WEIGHTS AND MEASURES
The Measuring Instruments (EEC Requirements) Regulations 198024thJuly 1980
4thAugust 1980
1stSeptember 1980
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, commencement and revocation
1.—(1) These Regulations may be cited as the Measuring Instruments (EEC Requirements) Regulations 1980 and shall come into operation on 1st September 1980.
(2) The Regulations specified in Schedule 6 hereto are hereby revoked.
Interpretation and extent
2.—(1) In these Regulations—
"the Act of 1963" means the Weights and Measures Act 1963(c);
"the Act of 1967" means the Weights and Measures Act (Northern Ireland) 1967(d);
"the Directive on medium accuracy bar weights and cylindrical weights" means Council Directive No. 71/317/EEC(e);
"the Directive on meters for liquids other than water" means Council Directive No. 71/319/EEC(f);
(a) S.I. 1975/427.
(b) 1972 c. 68.
(c) 1963 c. 31; as amended by the Weights and Measures &c. Act 1976 (c. 77) and the Weights and Measures Act 1979 (c. 45).
(d) 1967 c. 6 (N.I.) as amended by the Weights and Measures &c. Act 1976 (c. 77) and the Weights and Measures Act 1979 (c. 45).
(e) O.J. No. L202, 6.9.1971, p. 14 (O.J./S.E. 1971 (II) p. 721).
(f) 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);
"the Directive on ancillary equipment for meters for liquids other than water" means Council Directive No. 71/348/EEC(b);
"the Directive on non-automatic weighing machines" means Council Directive No. 73/360/EEC(c);
"the Directive on material measures of length" means Council Directive No. 73/362/EEC(d);
"the Directive on above-medium accuracy weights" means Council Directive No. 74/148/EEC(e);
"the Directive on cold-water meters" means Council Directive No. 75/33/EEC(f);
"the Directive on continuous totalising weighing machines" means Council Directive No. 75/410/EEC(g);
"the Directive on measuring systems for liquids other than water" means Council Directive No. 77/313/EEC(h);
"the Directive on automatic checkweighing and weight grading machines" means Council Directive No. 78/1031/EEC(i);
"inspector" means an inspector of weights and measures appointed or deemed to have been appointed under section 41 of the Act of 1963;
"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;
"nominated local weights and measures authority" means a local weights and measures authority nominated by the Secretary of State for the purposes of Regulations 13(9), 20(8) and 21(5) of these Regulations;
"use for trade", in relation to any measuring instrument, has the same meaning as it has in section 9 of the Act of 1963 in relation to weighing or measuring equipment within the meaning of that Act, subject however to the addition at the end of subsection (2)(a) of the said section 9 of the words "and any member State other than the United Kingdom".
(2) These Regulations have effect, so far as necessary for the purpose of their application to systems to which the Directive on measuring systems for liquids other than water applies, as if any reference to an instrument or to a
(a) O.J. No. L239, 25.10.1971, p. 1 (O.J./S.E. 1971 (III) p. 852) as amended by Cmnd 5179-I p. 181.
(b) O.J. No. L239, 25.10.1971, p. 9 (O.J./S.E. 1971 (III) p. 860) as amended by Cmnd 5179-I p. 182.
(c) O.J. No. L335, 5.12.1973, p. 1 as amended by Commission Directive No. 76/696/EEC (O.J. No. L236, 27.8.1976, p. 26).
(d) O.J. No. L335, 5.12.1973, p. 56 as amended by Council Directive No. 78/629/EEC (O.J. No. L206, 29.7.78 p. 8).
(e) O.J. No. L84, 28.3.1974, p. 3.
(f) O.J. No. L14, 20.1.1975, p. 1.
(g) O.J. No. L183, 14.7.1975, p. 25.
(h) O.J. No. L105, 28.4.1977, p. 18.
(i) O.J. No. L364, 27.12.1978, p. 1.
category of instruments included a reference to any such systems or components of such systems.
(3) In these Regulations "the relevant Directive" means in the case of a category of instruments to which these Regulations apply by virtue of Regulation 3(1) below, the Directive mentioned as applying to that category in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), (j) or (k) of that Regulation.
(4) Subject to the provisions set out in Schedule 5 hereto, these Regulations shall extend to Northern Ireland.
Application of these Regulations
3.—(1) These Regulations apply to instruments or systems 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 non-automatic weighing machines applies;
(f) instruments of a category to which the Directive on material measures of length applies;
(g) instruments of a category to which the Directive on above-medium accuracy weights applies;
(h) instruments of a category to which the Directive on cold-water meters applies;
(i) instruments of a category to which the Directive on continuous totalising weighing machines applies;
(j) systems, and components of such systems, of a category to which the Directive on measuring systems for liquids other than water applies; and
(k) instruments of a category to which the Directive on automatic check-weighing and weight grading machines applies.
(2) No United Kingdom mark of EEC initial verification shall be affixed before 30th September 1980 to an instrument of a category to which the Directive on non-automatic weighing machines applies, and nothing in Regulation 5 below shall permit the use for trade before that date of such an instrument bearing the mark of EEC initial verification affixed in a member State other than the United Kingdom.
Pattern approval and initial verification: the EEC signs and marks
4.—(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.
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.
PART II
EXEMPTION OF INSTRUMENTS BEARING CERTAIN EEC SIGNS AND MARKS FROM LEGAL RESTRICTIONS IN THE UNITED KINGDOM
5.—(1) Section 9A(1)(b) of the Act of 1963 (prohibition on use for trade of any weight not included in Schedule 3 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 Act of 1963 (prohibition on the use for trade etc. of weighing or measuring equipment of a class or description prescribed under section 11 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.
Provided that the foregoing provisions of this paragraph shall not apply to an instrument of a category to which the Directive on non-automatic weighing machines applies of a class of ordinary accuracy bearing the identifying symbol III.
(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 Act of 1963 (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) Regulation...
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