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    1.    These Regulations prescribe non-automatic weighing machines for the purposes of section 11(1) of the Weights and Measures Act 1985 and exclude them from the application of the Weights and Measures Regulations 1963 (where they were formerly prescribed as individual types or classes of weighing equipment). The effect of prescription is to make it unlawful to use such machines for trade purposes, unless they have been tested, passed as fit for such use and stamped by an inspector of weights and measures. (These requirements of prescription are also satisfied by a non-automatic weighing machine complying with Council Directive No. 73/360/EEC as amended and bearing the mark of EEC initial verification and, where appropriate, the sign of EEC pattern approval. This mark and sign are described in Schedule 1 to the Measuring Instruments (EEC Requirements) Regulations 1988, S.I. 1988/186.)

    2.    The Regulations make provision as to:


(a)  the purposes for which such non-automatic weighing machines may be used for trade (Regulation 4);



(b)  the materials and principles of construction of them and their marking (Regulations 5 to 20);



(c)  the manner of erection and use of them for trade (Regulations 21 to 30);



(d)  their testing, passing as fit for use for trade and stamping and the obliteration of such stamps (Regulations 31 to 35 and 37 to 44 and Schedule 3); and



(e)  the prescribed limits of error (Regulation 36 and Schedule 4).

    3.    The Regulations make the following changes of substance:—


(a)  the particular requirements relating to person-weighing machines are revoked (Regulation 1(2) and Schedule 5);



(b)  machines for use only for weighing paint (other than paste paint) or for use only as vehicle check weighing machines are no longer prescribed (Regulation 3(2));



(c)  there are new requirements on the purpose of use for trade of machines (Regulation 4);



(d)  there are new requirements for the principles of construction of machines, in particular:


(i)  each machine is to be designated as of one of four classes of accuracy with an approved minimum load, as defined in Schedule 2 (Regulations 9 and 13) (formerly only beam scales were divided into classes);



(ii)  subject to exceptions, each machine is to be made in accordance with a pattern in respect of which a certificate of approval is in force (Regulation 11) (formerly only patterns of machines with particular features needed to be approved);



(iii)  the class of accuracy and other relevant legends are to be marked on each machine, mainly in symbol form (Regulation 15(2)) (formerly markings were restricted to the name of the maker and the capacity);



(iv)  for those machines used by prospective buyers of goods (Regulation 19);



(e)  there are new requirements for the manner of erection and use for trade of machines (Regulations 21 to 30);



(f)  a requirement has been included to ensure that the inspector testing any machine must, if he so requests, be provided with appropriate test or operating material (Regulations 31(2) and 34);



(g)  a requirement has been included specifying the weights to be used in testing machines of the different classes of accuracy and requiring a minimum of 5 tonnes of weights to be used where the maximum load exceeds this amount (Regulation 33) (formerly a minimum of 2240 pounds of weights was required);



(h)  the test requirements for all machines are set out in more detail (Regulation 35 and Schedule 3);



(i)  new prescribed limits of error are included which vary throughout the weighing range for each of the four classes of accuracy (with modification for machines first passed as fit for use for trade before 1st November 1988) (Regulations 36, 37(4), 40(3) and Schedule 4) (formerly the limits of error were only expressed in relation to fully loaded machines and varied according to the type of machine); and



(j)  the grounds on which an inspector may obliterate the stamp on machines have been widened (Regulations 41 to 43).

    4.    In general the Regulations come into force on 1st November 1988, but the following transitional arrangements are made:—


(a)  as from 1st September 1991 it will be an offence, subject to exceptions for tariff machines, to use any machine outside its stated weighing range (Regulation 4(1) and (2));



(b)  as from 1st September 1991 it will be an offence to use a machine for the purpose of multiple weighing (Regulation 4(7));



(c)  until 4th April 1989 machines, which under the Weights and Measures Regulations 1963 did not need to be made in accordance with a pattern in respect of which a certificate of approval is in force, may continue to be so made, passed as fit for use for trade and stamped (Regulation 11(3));



(d)  as from 1st May 1989 machines submitted for passing as fit for use for trade must be marked with their class of accuracy and other relevant legends (Regulation 15(2));



(e)  as from 1st September 1989 the price/weight base of machines first submitted for passing as fit for use for trade is restricted (Regulation 18);



(f)  as from 1st September 1991 the prescribed limits of error do not apply to test loads less than the approved minimum load, where this is marked on the machine (Regulation 35(2)); and



(g)  until 1st March 1990 a machine marked Class III or IIII which was first passed as fit for use for trade before 1st September 1988 may continue to be so passed even if not bearing a legend about use on a level surface, provided it meets certain tilt testing requirements (Regulation 37(3)).