Measuring Instruments (EEC Requirements) Regulations 1988

JurisdictionUK Non-devolved
CitationSI 1988/186

1988 No. 186

WEIGHTS AND MEASURES

The Measuring Instruments (EEC Requirements) Regulations 1988

Made 9th February 1988

Laid before Parliament 18th February 1988

Coming into force 14th March 1988

The Secretary of State, being a Minister designated1for the purposes 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 for purposes ancillary thereto, in exercise of the powers conferred by that section, hereby makes the following Regulations:–

1 GENERAL

PART I

GENERAL

Citation, commencement and revocation
S-1 Citation, commencement and revocation

Citation, commencement and revocation

1.—(1) These Regulations may be cited as the Measuring Instruments (EEC Requirements) Regulations 1988 and shall come into force on 14th March 1988.

(2) The Regulations specified in the first column of Schedule 6 hereto are hereby revoked to the extent specified in the second column of that Schedule.

Interpretation and extent
S-2 Interpretation and extent

Interpretation and extent

2.—(1) In these Regulations–

“the Act” means the Weights and Measures Act 1985;

“ballast” means any of the materials to which the expression ballast applies in Schedule 4 to the Act;

“chief inspector” means a chief inspector of weights and measures appointed or deemed to have been appointed under section 72 of the Act;

“the Directive on medium accuracy bar weights and cylindrical weights” means Council Directive No. 71/317/EEC3;

“the Directive on meters for liquids other than water” means Council Directive No. 71/319/EEC4;

“the Directive on the measuring of the standard mass per storage volume of grain” means Council Directive No. 71/347/EEC5;

“the Directive on ancillary equipment for meters for liquids other than water” means Council Directive No. 71/348/EEC6;

“the Directive on non-automatic weighing machines” means Council Directive No. 73/360/EEC7, as amended by Commission Directive No. 82/622/EEC8;

“the Directive on material measures of length” means Council Directive No. 73/362/EEC9, as amended by Council Directive No. 78/629/EEC10and Commission Directive No. 85/146/EEC11;

“the Directive on above-medium accuracy weights” means Council Directive No. 74/148/EEC12;

“the Directive on cold-water meters” means Council Directive No. 75/33/EEC13;

“the Directive on continuous totalising weighing machines” means Council Directive No. 75/410/EEC14;

“the Directive on measuring systems for liquids other than water” means Council Directive No. 77/313/EEC15, as amended by Commission Directive No. 82/625/EEC16;

“the Directive on automatic checkweighing and weight grading machines” means Council Directive No. 78/1031/EEC17;

“the Directive on hot-water meters” means Council Directive No. 79/830/EEC18;

“the Directive on tyre pressure gauges for motor vehicles” means Council Directive No. 86/217/EEC19;

“inspector” means an inspector of weights and measures appointed or deemed to have been appointed under section 72 of the Act;

“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;

“meter measuring system” means a meter measuring system to which the Measuring Equipment (Liquid Fuel delivered from Road Tankers) Regulations 198320apply, being a measuring system to which the requirements of item 2.2 of the Annex to the Directive on measuring systems for liquids other than water apply;

“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), 21(8) and 25(5) of these Regulations;

“the Order” means the Weights and Measures (Northern Ireland) Order 198121;

“road tanker” has the same meaning as it has in the Measuring Equipment (Liquid Fuel delivered from Road Tankers) Regulations 1983; and

“use for trade”, in relation to any measuring instrument, has the same meaning as it has in section 7 of the Act in relation to weighing or measuring equipment within the meaning of the Act, subject however to the addition at the end of subsection (3)(a) of the said section 7 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 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 below, the Directive mentioned as applying to that category in paragraph (a), (b), (c), (d), (e), (f), (g), (h), (i), (j), (k), (l) or (m) 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
S-3 Application of these Regulations

Application of these Regulations

3. 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;

(k) instruments of a category to which the Directive on automatic check-weighing and weight grading machines applies;

(l) instruments of a category to which the Directive on hot-water meters applies; and

(m) instruments of a category to which the Directive on tyre pressure gauges for motor vehicles applies.

Pattern approval and initial verification: the EEC signs and marks
S-4 Pattern approval and initial verification: the EEC signs and marks

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.

EEC sign or mark

Paragraph of Schedule 1 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)

(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)

(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.

Purpose of use for trade
S-5 Purpose of use for trade

Purpose of use for trade

5. No person shall use for trade for the purpose of weighing any material other than ballast a beltweigher in accuracy Class 2 within the meaning of the Directive on continuous totalising weighing machines which bears the mark of EEC initial verification.

2 EXEMPTION OF INSTRUMENTS BEARING CERTAIN EEC SIGNS AND MARKS FROM LEGAL RESTRICTIONS IN THE UNITED KINGDOM

PART II

EXEMPTION OF INSTRUMENTS BEARING CERTAIN EEC SIGNS AND MARKS FROM LEGAL RESTRICTIONS IN THE UNITED KINGDOM

Section 8(1)(b) of the Act (prohibition on use for trade of any...
S-6 Section 8(1)(b) of the Act (prohibition on use for trade of any...

6.—(1) Section 8(1)(b) of the Act (prohibition on use for trade of any weight not included in Schedule 3 to the Act) shall not apply to a weight of 50 kilograms which bears the mark of EEC initial verification.

(2) Section 11(2) of the Act (prohibition on the use for trade etc. of weighing or measuring equipment of a class or discription prescribed under section 11 without its having been passed as fit for such use) shall not apply to any instrument which bears either—

(a)

(a) the sign of EEC...

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