The Measuring Instruments (Automatic Catchweighers) Regulations 2006

Statutory Instrument 2006 No. 1257

The Measuring Instruments (Automatic Catchweighers) Regulations 2006

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STATUTORY INSTRUMENTS

2006 No. 1257

WEIGHTS AND MEASURES

The Measuring Instruments (Automatic Catchweighers) Regulations 2006

	Made	28th April 2006
	Laid before Parliament	5th May 2006
	Coming into force
	Regulations 1, 2, 7, 9 and 10 and Part 1 of Schedule 2	30th May 2006
	Remaining regulations	30th October 2006

PART I

PRELIMINARY

Citation and commencement

—(1) These Regulations may be cited as the Measuring Instruments (Automatic Catchweighers) Regulations 2006.

    (2) This regulation, regulations 2, 7, 9 and 10 and Part 1 of Schedule 2 shall come into force on 30th May 2006.

    (3) The remaining regulations shall come into force on 30th October 2006.

Interpretation

—(1) In these Regulations—

"accuracy class" means the classification of an automatic catchweigher in accordance with paragraph 16 of Schedule 1;

"authorised representative" means a person who is established in a member State and is authorised by a manufacturer, in writing, to act on his behalf;

"automatic catchweigher" means an automatic weighing instrument that determines the mass of pre-assembled discrete loads (for example pre-packages) or single loads of loose material, but does not include an automatic checkweigher or an automatic weight grading instrument;

"automatic checkweigher" means an automatic catchweigher which sub-divides articles of different mass into two or more sub-groups according to the value of the difference between their mass and the nominal set point;

"automatic weight grading instrument" means an instrument which sub-divides articles of different mass into several sub-groups each characterised by a given mass range;

"automatic weighing instrument" means an instrument that determines the mass of a product without the intervention of an operator and follows a predetermined programme of automatic processes characteristic of the instrument intended to determine the mass of a body by using the action of gravity on that body;

"CE marking" means the CE marking referred to in regulation 12;

"the Commission" means the European Commission;

"compliance notice" means a notice served in accordance with regulation 21(2);

"conformity assessment procedure" means any procedure referred to in regulation 6;

"the Directive" means Directive 2004/22/EC of the European Parliament and of the Council of 31st March 2004 on measuring instruments[

"disqualification sticker" means a sticker the design of which is published by the Secretary of State and which is affixed to an automatic catchweigher in accordance with regulation 24;

"enforcement authority" means any person who is, pursuant to regulation 20, authorised to enforce these Regulations;

"enforcement notice" means a notice served in accordance with regulation 22(2);

"enforcement officer" means—

"essential requirements" means the requirements set out in Schedule 1;

"instrument" has the same meaning as automatic catchweigher;

"in writing" includes text that is—

"M marking" means the M marking referred to in regulation 12;

"manufacturer" means a person responsible for the conformity of an automatic catchweigher with these Regulations with a view to either placing it on the market under his own name or putting it into use for his own purposes, or both;

"maximum permissible error" means, in the case of an automatic catchweigher—

"normative document" means a document containing technical specifications adopted by the Organisation Internationale de Métrologie Légale, subject to the procedure stipulated in Article 16.1, the reference of which is published by the Commission in the Official Journal of the European Union pursuant to Article 16.1(b);

"notified body" means—

who has been notified to the Commission and the other member States pursuant to Article 11.1;

"notified body criteria" means the criteria set out in Part 1 of Schedule 2;

"place on the market" means making available for the first time in a member State an instrument intended for an end user, whether for reward or free of charge;

"put into use" means the first use of an instrument intended for the end user for the purposes for which it was intended;

"relevant national standard" means a standard applicable to an instrument—

"relevant normative document" means a normative document applicable to an instrument, the reference of which is published—

"re-qualification sticker" means a sticker the design of which is published by the Secretary of State and which is affixed to an automatic catchweigher in accordance with regulation 25; and

"United Kingdom notified body" means a person designated under regulation 7.

    (2) Other expressions used in these Regulations have the same meanings as in the Weights and Measures Act 1985.

    (3) In these Regulations, a reference to a member State includes Norway, Iceland and Liechtenstein[7].

    (4) References in these Regulations to an Article, Annex or a part of an Annex are references to an Article, Annex or a part of an Annex to the Directive.

Application
     3. —(1) Subject to paragraphs (2), (3) and (4), these Regulations apply to an automatic catchweigher which is—

(a) for use for trade; and

(b) first placed on the market or put into use on or after 30th October 2006.

(2) These Regulations do not apply to an automatic catchweigher which comprises—

(a) an automatic catchweight weighing machine for the purposes of the Weighing Equipment (Non-automatic Weighing Machines) Regulations 2000[

in respect of which a certificate of approval has been granted before 30th October 2006 and is in force; and

(3) These Regulations do not apply to an automatic catchweigher which is also capable of functioning as a non-automatic weighing instrument to which the Non-automatic Weighing Instruments Regulations 2000[10] apply when the instrument is being used as a non-automatic weighing instrument.

(4) These Regulations do not apply to an automatic catchweigher which is not compliant with the essential requirements and which is displayed or presented at a trade fair, exhibition or demonstration, if a sign displayed visibly on or near the instrument clearly indicates that the instrument—

PART II

PLACING ON THE MARKET AND PUTTING INTO USE OF AUTOMATIC CATCHWEIGHERS

Requirements for placing on the market and putting into use

—(1) No person shall place on the market or put into use an automatic catchweigher unless the following requirements, or the corresponding requirements of the Directive as implemented under the law of another member State, are met—

(2) A person who fails to comply with the requirements of paragraph (1) shall be guilty of an offence and any automatic catchweigher to which the offence relates shall be liable to be forfeited.

Compliance with the essential requirements
5. —(1) A manufacturer may demonstrate that an automatic catchweigher is compliant with the essential requirements by—

(a) using any technical solution that it is compliant with the essential requirements;

(b) correctly applying solutions set out in the relevant national standard; or

(c) correctly applying solutions set out in the relevant normative document,

and selecting and following one of the conformity assessment procedures.

    (2) An automatic catchweigher which is compliant with the relevant national standard or relevant normative document applicable to the instrument shall be presumed to be compliant with the essential requirements.

    (3) Where the instrument is compliant only in part with the relevant national standard or relevant normative document, it shall be presumed to be compliant only with that part of the essential requirements which corresponds to the element of the relevant national standard or relevant normative document with which the instrument is compliant.

    (4) Where an automatic catchweigher includes or is connected to a device which is not used for trade—

(a) that device shall not be subject to the essential requirements; and

(b) the instrument may be considered to be compliant with the essential requirements notwithstanding that the compliance of that device with the essential requirements has not been established.

Conformity assessment procedures
6. —(1) —The conformity assessment procedures are the procedures as follows—

(a) for mechanical systems—

(b) for electromechanical instruments—

(2) The manufacturer or his authorised representative shall provide to the notified body carrying out the relevant conformity assessment procedure the technical documentation set out in Schedule 3.

(3) In this regulation—

(a) "B" means type examination, set out in Annex B;

(b) "D" means declaration of conformity to type based on quality assurance of the production process, set out in Annex D;

(c) "D1" means declaration of conformity based on quality assurance of the production process, set out in Annex D1;

(d) "E" means declaration of conformity to type based on quality assurance of final product inspection and testing, set out in Annex E;

(e) "F" means declaration of conformity to type based on product verification, set out in Annex F;

(f) "F1" means declaration of conformity based on product verification, set out in Annex F1;

(g) "G" means declaration of conformity based on unit verification, set out in Annex G; and

(h) "H1" means declaration of conformity based on full quality assurance plus design examination, set out in Annex H1.

Designation of United Kingdom notified bodies
     7. —(1) The Secretary of State may, on the application of a person, designate that person to be a United Kingdom notified body.

    (2) The Secretary of State shall not make a designation under paragraph (1) unless he is satisfied that the person meets the notified body criteria.

    (3) A person who meets the criteria laid down in a national standard shall be presumed to meet that part of the notified body criteria which corresponds to the criteria in the national standard.

    (4) A designation under paragraph (1)—

(a) shall be in writing;

(b) may be made subject to such conditions as may be specified in the designation, which may include conditions which—

(c) subject to regulation 10, may last for such period as may be specified in the designation;

(d) shall specify the conformity assessment procedures and specific tasks (which may be framed by reference to any circumstances) which the person has been designated to carry out; and

(e) may include a requirement to publish from time to time the scale of fees which the person charges pursuant to regulation 11 or such information about the basis of calculation of such fees as may be specified.

(5) In exercising the power conferred on him by paragraph (1), the Secretary of State may (in addition to the matters of which he is required to satisfy himself pursuant to paragraph (2)) have regard to any matter appearing to him to be relevant.

(6) For the purposes of paragraph (3), "national standard" means a standard applicable to the designation of notified bodies—

(a) implementing a harmonised standard that has been published in the Official Journal of the European Union; and

(b) the reference of which is published—

Functions of notified bodies
     8. A notified body shall carry out the functions in Part 2 of Schedule 2.

Provisions supplemental to regulation 7
     9. —(1) The Secretary of State shall, from time to time, publish a list of notified bodies indicating, in the case of each United Kingdom notified body, the description of any automatic catchweigher in respect of which that notified body is designated; and such a list may include information concerning any condition to which the designation of any United Kingdom notified body is subject.

    (2) The Secretary of State shall, from time to time, carry out an inspection of each United Kingdom notified body with a view to verifying that it—

(a) meets the notified body criteria;

(b) complies with any condition to which its designation is subject; and

(c) complies with these Regulations,

but, unless it appears to him that there are circumstances which make it necessary or expedient to do so, he shall not carry out an inspection within two years from the date of designation under regulation 7, or of any later inspection under this paragraph.

Variation and termination of designations
10. —(1) The Secretary of State may vary a designation made under regulation 7 if—

(a) the notified body so requests; or

(b) it appears to him necessary or expedient to do so.

(2) The Secretary of State may terminate a designation made under regulation 7—

(a) upon the expiry of 90 days' notice in writing at the request of the United Kingdom notified body;

(b) if it appears to him that any condition of the designation is not complied with; or

(c) if in his opinion the United Kingdom notified body ceases to satisfy the notified body criteria.

(3) Where the Secretary of State is minded to—

(a) vary a designation pursuant to paragraph (1)(b); or

(b) terminate a designation pursuant to paragraph (2)(b) or (c),

he shall—

(i) give notice in writing to the United Kingdom notified body of his reasons; and

(ii) give that notified body the opportunity to make representations within a period of 21 days from the date of that notice and consider any representations made to him within that period.

(4) If a designation is terminated under paragraph (2), the Secretary of State may—

(a) give such directions (either to the United Kingdom notified body the subject of the termination or to another United Kingdom notified body) for the purposes of making arrangements for the determination of outstanding applications as he considers appropriate; and

(b) notwithstanding sub-paragraph (a), authorise another United Kingdom notified body to take over the functions of the United Kingdom notified body the subject of the termination in respect of such cases as he may specify.

Fees
11. —(1) A United Kingdom notified body may charge such fees in connection with, or incidental to, the carrying out of conformity assessment procedures or specific tasks as it may determine.

(2) The fees referred to in paragraph (1) shall not exceed the following—

(a) the costs incurred or to be incurred by the United Kingdom notified body in performing the relevant function; and

(b) an amount on account of profit which is reasonable in the circumstances having regard to—

    (3) The power in paragraph (1) includes the power to require the payment of fees or a reasonable estimate of such fees in advance of carrying out the work requested by the applicant.

    (4) Where any fees payable to a United Kingdom notified body pursuant to this regulation remain unpaid 28 days after either the work has been completed or payment of the fees has been requested in writing, whichever is the later, that notified body may by 14 days' notice in writing provide that, unless the fees are paid before the expiry of the notice, the certificate or notification appropriate to the relevant conformity assessment procedure may be suspended until payment of the fees has been received.

Marking and identification requirements
     12. —(1) Where an automatic catchweigher is compliant with the essential requirements—

(a) the manufacturer shall affix the CE marking and the M marking to the instrument; and

(b) the notified body which carries out the conformity assessment procedure in respect of that instrument shall affix its identification number to the instrument, or may agree that the manufacturer shall do so on its behalf.

(2) Any other marking may be affixed to the instrument provided that the visibility and legibility of the CE marking, the M marking and the identification number of the notified body are not reduced.

(3) For the purposes of paragraph (1) –

(a) the CE marking means the symbol "CE" which shall be compliant with the requirements of paragraphs 1, 4 and 5 of Schedule 4;

(b) the M marking means the capital letter "M" which shall be compliant with the requirements of paragraphs 2, 4 and 5 of Schedule 4; and

(c) the identification number of the notified body shall be compliant with the requirements of paragraphs 3, 4 and 5 of Schedule 4.

Conformity with other directives
13. —(1) Where an automatic catchweigher falls within the scope of other directives which provide for the affixing of the CE marking, the affixing of the CE marking under these Regulations shall indicate that the instrument is also presumed to be compliant with the requirements of those other directives.

(2) Where paragraph (1) applies, the publication reference of such other directives in the Official Journal of the European Union must be given in the documents, notices or instructions required to accompany the instrument.

PART III

USE FOR TRADE OF AUTOMATIC CATCHWEIGHERS
Requirements for use for trade

14.

No person shall use for trade an automatic catchweigher unless—

Manner of use
15. An automatic catchweigher marked with a measurement range may be used for trade for determining the weight of any item by ascertaining the difference between the weight of that item and a separate item, where both items fall within the measurement range.

16. Where an automatic catchweigher is marked with a measurement range no person shall use that instrument for trade for determining a weight outside that range in relation—

(a) to, or to articles made from, gold, silver or other precious metals, including gold or silver thread or fringe;

(b) to precious stones or pearls; or

(c) to drugs or other pharmaceutical products.

17. No person shall use for trade an automatic catchweigher other than an instrument of accuracy class Y(I) or Y(II) in any transaction—

(a) in, or in articles made from, gold, silver or other precious metals, including gold or silver thread or fringe; or

(b) in precious stones or pearls.

     18. —(1) Where an automatic catchweigher is marked with a temperature range, it shall not be used for trade in temperatures outside that range.

    (2) Where an automatic catchweigher bears a mark which signifies the manner and purpose of use, it shall not be used for trade in a manner or for a purpose which does not accord with that marking.

    (3) An automatic catchweigher of accuracy class Y(b) shall only be used for weighing ballast or waste.

    (4) An automatic catchweigher shall not be used for trade in circumstances—

(a) in which it may be prevented from operating consistently or accurately; or

(b) which are likely prematurely to degrade its metrological characteristics.

    (5) For the purposes of paragraph (3), "waste" shall be construed in accordance with section 75 of the Environmental Protection Act 1990[11], and shall include any waste disposed of for reprocessing or recycling purposes but shall not include any radioactive waste as defined in section 2 of the Radioactive Substances Act 1993[12].

Manner of erection and installation
     19. —(1) Every automatic catchweigher shall be so positioned as to facilitate cleaning and testing.

    (2) The installation of an automatic catchweigher shall be so designed that an automatic weighing operation will be the same for testing as for use for a transaction.

    (3) If any special equipment for an automatic catchweigher, as referred to in paragraph 9(5) of Schedule 1, is not a permanent fixture of the instrument it shall be kept in the vicinity of the instrument.

PART IV

ENFORCEMENT
Enforcement authority

20.

—(1) It shall be the duty of every local weights and measures authority to enforce these Regulations within its area.

    (2) The Secretary of State may enforce Part II of these Regulations, and for that purpose may appoint any person to act on his behalf.

    (3) No proceedings for an offence under these Regulations may be instituted in England and Wales except by or on behalf of an enforcement authority.

    (4) Nothing in these Regulations shall authorise an enforcement authority to bring proceedings in Scotland for an offence.

Compliance notice procedure

21.

—(1) Where an enforcement authority establishes that, in the case of an automatic catchweigher that has been placed on the market or put into use, the CE marking or the M marking has, or both have, been affixed unduly, the following provisions of this regulation shall have effect.

(2) The enforcement authority shall serve a compliance notice on the manufacturer or his authorised representative which shall—

(3) For the purposes of paragraph (1)—

(4) Where a compliance notice is served by an enforcement authority other than the Secretary of State, it shall, at the same as it serves that notice, send a copy to the Secretary of State.

Immediate enforcement action
22. —(1) Where an enforcement authority has reasonable grounds for considering that—

(a) the manufacturer or his authorised representative has failed to comply with a compliance notice;

(b) an automatic catchweigher, which is placed on the market or put into use, does not bear one or more of the CE marking, the M marking and the identification number of the notified body which carried out the conformity assessment procedure in respect of that instrument; or

(c) an automatic catchweigher which bears the marking and identification requirements referred to in sub-paragraph (b) does not meet the essential requirements when placed on the market, or properly installed and put into use in accordance with the manufacturer's instructions,

the following provisions of this regulation shall have effect.

(2) The enforcement authority shall serve an enforcement notice on the manufacturer or his authorised representative which shall—

(a) be in writing;

(b) describe the automatic catchweigher to which it relates in a manner sufficient to identify that instrument;

(c) specify, with reasons, the respects in which, in the opinion of the enforcement authority, the requirements of these Regulations have not been complied with;

(d) specify the date, being not less than 21 days from the date of the notice, by which the person to whom the notice is given is required to comply with it; and

(e) inform that person of the judicial remedies available to him and of the time limits to which those remedies are subject.

(3) A notice under paragraph (2) may—

(a) require the instrument to be withdrawn from the market; or

(b) prohibit or restrict the placing on the market or putting into use of the instrument; and

(c) specify that unless steps are taken which ensure—

any certificate or notification, issued by a notified body in accordance with the relevant conformity assessment procedure applicable to the instrument that the instrument satisfies the essential requirements, may be withdrawn by that notified body.

(4) Where an enforcement notice is served by an enforcement authority other than the Secretary of State, it shall, at the same time as it serves that notice, send a copy of the notice to the Secretary of State.

(5) In the case of a certificate or notification referred to in paragraph (3)—

(a) which is granted by a United Kingdom notified body, if the Secretary of State is of the opinion that consideration ought to be given to whether the certificate or notification should be withdrawn, he shall inform that notified body of that fact; and

(b) which is granted under the law of another member State, if the Secretary of State is of the opinion that consideration ought to be given to whether the certificate or notification should be withdrawn, he shall inform the relevant competent authority of that fact.

Review by the Secretary of State
23. —(1) Where a person is aggrieved by a compliance notice or enforcement notice served by an enforcement authority other than the Secretary of State, that person may apply to the Secretary of State to review such notice.

(2) An application under paragraph (1) shall—

(a) be in writing;

(b) state the grounds on which the application is made; and

(c) be sent to the Secretary of State within 21 days from the date of the notice referred to in paragraph (1).

(3) The Secretary of State may—

(a) hold an inquiry in connection with the notice which is the subject of his review; and

(b) appoint an assessor for the purposes of assisting him with his review.

    (4) The Secretary of State shall, within a reasonable time, inform the aggrieved person and the enforcement authority referred to in paragraph (1) in writing of his decision whether to uphold the notice served by that authority, together with reasons for his decision.

    (5) Where the Secretary of State does not uphold any notice referred to in paragraph (1) he shall give instructions for the withdrawal of that notice.

Disqualification
     24. —(1) If it appears to an inspector that an automatic catchweigher which bears—

(a) the CE marking;

(b) the M marking; and

(c) the identification number of the notified body which carried out the conformity assessment procedure in respect of the instrument,

is used for trade in circumstances where—

(i) the instrument is no longer compliant with one or more of the requirements of regulation 14; or

(ii) by reason of any adjustment, alteration, addition, repair or replacement it is likely that the instrument has ceased to be compliant with one or more of the requirements of regulation 14,

the inspector may affix a disqualification sticker to the instrument.

    (2) Where one or more of the markings and identification requirements referred to in paragraph (1) is not affixed to an automatic catchweigher, the inspector may affix a disqualification sticker to the instrument.

    (3) Where it appears to the inspector that the nature or degree of non-compliance of the automatic catchweigher under paragraph (1) is not such that a disqualification sticker should be immediately affixed to it, he may give to any person in possession of the instrument a notice requiring that person to rectify the non-compliance before the expiry of a stated period not less than 14 days and not exceeding 28 days from the date of the notice.

    (4) If a notice given under paragraph (3) is not complied with, the inspector shall affix a disqualification sticker to the instrument.

    (5) A disqualification sticker which is affixed to an automatic catchweigher shall be affixed in such a position that it is clearly visible when the instrument is in its regular operating position.

    (6) A person shall be guilty of an offence if he uses for trade an automatic catchweigher to which there is affixed a disqualification sticker, unless a re-qualification sticker has been affixed to the instrument in accordance with regulation 25.

Re-qualification
     25. —(1) Where—

(a) a disqualification sticker has been affixed to an automatic catchweigher in accordance with regulation 24(1), 24(2) or 24(4);

(b) a notice has been served under regulation 24(3); or

(c) the automatic catchweigher is intended to be used for trade in circumstances referred to in regulation 24(1)(i) or (ii), or 24(2), but a disqualification sticker has not been affixed to the instrument,

a person requiring a re-qualification sticker to be affixed to the instrument shall submit it, in such manner as may be directed, to an inspector or approved verifier and provide such assistance as the inspector or approved verifier may reasonably require.

(2) An inspector or approved verifier may affix a re-qualification sticker to that automatic catchweigher if satisfied that the instrument is compliant with—

(a) the essential requirements; and

(b) the requirements of regulation 14(b) and (c).

(3) For the purposes of being satisfied that a re-qualification sticker may be affixed to an automatic catchweigher, an inspector or approved verifier may take such steps as he considers appropriate, including testing the instrument by means of such test equipment as he considers appropriate and suitable for the purpose.

(4) There may be charged in respect of any steps taken under paragraph (3)—

(a) by an inspector, such reasonable fees as the local weights and measures authority may determine; and

(b) by an approved verifier, such reasonable fees as he may determine,

having regard to the character and extent of the work done or to be done.

    (5) The inspector or approved verifier shall keep a record of any test carried out under paragraph (3).

    (6) Where a re-qualification sticker is affixed to an automatic catchweigher pursuant to paragraph (2), it shall be affixed in such a position that it obliterates as far as possible any disqualification sticker.

Testing of automatic catchweighers
     26. —(1) Where an inspector considers that a test of an automatic catchweigher is necessary, otherwise than for the purposes of regulation 25(3), he may require the person who has control of the instrument, or whom he has reasonable cause to believe has control of the instrument, to provide to him such equipment, materials, qualified personnel or other assistance as the inspector may reasonably require.

    (2) Every automatic catchweigher submitted for testing shall be in a clean condition.

Unauthorised application of authorised marks
     27. —(1) Subject to paragraph (2), a person shall be guilty of an offence if, in the case of an automatic catchweigher, he—

(a) affixes an authorised mark to the instrument otherwise than in accordance with these Regulations;

(b) alters or defaces an authorised mark affixed to the instrument;

(c) removes an authorised mark affixed to the instrument; or

(d) affixes any other marking to the instrument which is likely to deceive any person as to the meaning or form, or both, of an authorised mark.

(2) Where the alteration or defacement of an authorised mark is occasioned solely—

(a) in the course of the adjustment or repair of an automatic catchweigher by a person regularly engaged in the business of repair of such instruments, or by his authorised agent; or

(b) by an enforcement officer or approved verifier in the carrying out of any his functions under these Regulations,

that person or his authorised agent, enforcement officer or approved verifier shall not be guilty of an offence under paragraph (1)(b).

(3) A person shall be guilty of an offence if he places on the market, puts into use or uses for trade an automatic catchweighter—

(a) which, to his knowledge, bears—

(b) from which, to his knowledge, an authorised mark has been removed.

    (4) An automatic catchweigher in respect of which an offence under this regulation has been committed and any implement used in the commissioning of the offence shall be liable to be forfeited.

    (5) A reference in this regulation to other provisions of these Regulations includes a reference to corresponding provisions under the laws of other member States.

    (6) In this regulation, "authorised mark" means the CE marking, the M marking, the identification number of the notified body which carried out the conformity assessment procedure in respect of the instrument, disqualification sticker or re-qualification sticker.

Powers of entry and inspection
     28. —(1) Subject to the production if so requested of his credentials, an enforcement officer may for the purposes of these Regulations, at all reasonable times—

(a) inspect and test any automatic catchweigher in such manner as he considers appropriate;

(b) inspect and take copies of any document relating to an automatic catchweigher; and

(c) enter any premises at which he has reasonable cause to believe there to be an automatic catchweigher, not being premises used only as a private dwelling house.

(2) Subject to the production if so requested of his credentials, an enforcement officer may, at any time, seize and detain—

(a) an automatic catchweigher which he has reasonable cause to believe is liable to be forfeited under these Regulations; and

(b) any document or goods which he has reason to believe may be required as evidence in proceedings for an offence under these Regulations.

(3) If a justice of the peace, on written information on oath—

(a) is satisfied that there are reasonable grounds to believe that any automatic catchweigher or document as is mentioned in paragraph (1) or (2) is on any premises, or that an offence under these Regulations has been, is being or is about to be committed on any premises, and

(b) is also satisfied either that—

the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise the enforcement officer to enter the premises, if need be by force.

    (4) In the application of paragraph (3) to Scotland, "justice of the peace" includes a sheriff and references to written information on oath shall be construed as references to evidence on oath.

    (5) An enforcement officer entering any premises by virtue of this regulation may take such other persons and such equipment as may appear to him necessary, and on leaving such premises which he has entered by virtue of a warrant under paragraph (3), being premises which are unoccupied or the occupier of which is temporarily absent, he shall leave them as effectively secured against a trespasser as he found them.

    (6) If an enforcement officer or other person who enters any work-place by virtue of this regulation discloses to any person any information obtained by him in the work-place with regard to any secret manufacturing process or trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.

    (7) It shall not be an offence under paragraph (6) for a person to disclose information in circumstances where—

    (8) Nothing in this regulation shall authorise any person to stop any vehicle on a highway.

    (9) In this regulation, "credentials" means evidence of appointment or designation as an enforcement officer.

Obstruction of enforcement officer
     29. —(1) A person shall be guilty of an offence if he—

(a) wilfully obstructs an enforcement officer in the execution of any of his functions under these Regulations; or

(b) without reasonable cause fails to give that officer any assistance or information which the officer has reasonably required of him for the purpose of the performance by the enforcement authority of its functions under these Regulations.

    (2) A person shall be guilty of an offence if, in giving an enforcement officer such information as is mentioned in paragraph (1)(b), that person gives any information which he knows to be false.

Penalties for offences
     30. A person guilty of an offence under Part II or Part IV shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

Defence of due diligence
     31. —(1) Subject to the following provisions of this regulation, in proceedings against a person for an offence under these Regulations it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.

    (2) Where, in proceedings against a person for such an offence, the defence provided by paragraph (1) involves an allegation that the commission of the offence was due to—

(a) the act or default of another; or

(b) reliance on information given by another,

that person shall not, without the leave of the court, be entitled to rely on the defence, unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland, the trial diet), he has served a notice in accordance with paragraph (3) on the person bringing the proceedings.

(3) A notice under this regulation shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.

(4) A person shall not be entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information supplied by another, unless he shows it was reasonable in all the circumstances for him to have relied on the information, having regard in particular to—

(a) the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and

(b) whether he had any reason to disbelieve the information.

Liability of persons other than the principal offender
32. —(1) Where the commission by a person of an offence under these Regulations is due to the act or default of another person in the course of any business of his, that other person shall be guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against the first person.

(2) Where a body corporate commits an offence and it is proved that the offence was committed—

(a) with the consent or connivance of an officer of the body corporate; or

(b) as a result of the negligence of an officer of the body corporate,

the officer, as well as the body corporate, shall be guilty of the offence.

(3) In paragraph (2) a reference to an officer of a body corporate includes a reference to—

(a) a director, manager, secretary or other similar officer of the body corporate;

(b) a person purporting to act as a director, manager, secretary or other similar officer; and

(c) if the affairs of the body corporate are managed by its members, a member.

(4) In this regulation, references to "body corporate" include references to a partnership in Scotland, and in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.

PART V

MISCELLANEOUS AND SUPPLEMENTAL
Service of documents

33.

—(1) Any document required or authorised by these Regulations to be served on a person may be so served—

(2) For the purposes of paragraph (1), and for the purposes of section 7 of the Interpretation Act 1978[13] (which relates to the service of documents by post) in its application to that paragraph, the proper address of any person on whom a document is to be served in accordance with these Regulations shall be his last known address except that—

and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

Savings for certain privileges
     34. —(1) Nothing in these Regulations shall be taken as requiring a person to produce any documents or records if he would be entitled to refuse to produce those documents or records in any proceedings in any court on the grounds that they are the subject of legal professional privilege or, in Scotland, that they contain a confidential communication made by or to an advocate or solicitor in that capacity, or as authorising a person to take possession of any documents or records which are in the possession of a person who would be so entitled.

    (2) Nothing in these Regulations shall be construed as requiring a person to answer any question or give any information if to do so would incriminate that person or that person's spouse or civil partner.

    (3) Sub-section (1) of section 14 of the Civil Evidence Act 1968[14] which relates to the privilege against self-incrimination) shall apply to the right conferred by paragraph (2) as it applies to the right described in sub-section (1) of that section: but this paragraph does not extend to Scotland.

Adaptation for Northern Ireland
     35. In their application to Northern Ireland, these Regulations shall have effect subject to Schedule 6.

Barry Gardiner
Parliamentary Under Secretary of State for Competitiveness Department of Trade and Industry

28th April 2006

SCHEDULE 1

Regulations 2(1) and 14

ESSENTIAL REQUIREMENTS

1. The essential requirements are the relevant requirements relating to automatic catchweighers contained in Annex 1 and MI-006, as set out in this Schedule.

Definitions
2. In this Schedule—

"climatic environments" means the conditions in which automatic catchweighers may be

used;

"critical change value" means the value at which the change in the measurement result is considered undesirable;

"disturbance" means an influence quantity having a value within the limits specified in the appropriate requirement but outside the specified rated operating conditions of the automatic catchweigher. An influence quantity is a disturbance if for that influence quantity the rated operating conditions are not specified;

"influence quantity" means a quantity that is not the measurand but that affects the result of measurement;

"measurand" means the particular quantity subject to measurement; and

"rated operating conditions" means the values for the measurand and influence quantities

making up the normal working conditions of an instrument.

Allowable Errors
     3. —(1) Under rated operating conditions and in the absence of a disturbance, the error of measurement shall not exceed the maximum permissible error (MPE) value as set out in paragraph 17.

    (2) MPE is expressed as a bilateral value of the deviation from the true measurement value.

    (3) Under rated operating conditions and in the presence of a disturbance, the performance requirement shall be as set out in paragraph 20(2).

    (4) Where the automatic catchweigher is intended to be used in a specified permanent continuous electromagnetic field the permitted performance during the radiated electromagnetic field-amplitude modulated test shall be within MPE.

    (5) The manufacturer shall specify the climatic and electromagnetic environments in which the instrument is intended to be used, power supply and other influence quantities likely to affect its accuracy, taking account of the requirements in this Schedule.

and shall be within the upper temperature limit of 70°C and the lower temperature limit of -40°C. The manufacturer shall indicate whether the automatic catchweigher is designed for condensing or non-condensing humidity as well as the intended location for the instrument, i.e. open or closed.

(b) Electromagnetic environments—

(ii) The following influence quantities shall be considered in relation with electromagnetic environments—

(6) Other influence quantities to be considered, where appropriate, are—

(7) When carrying out the tests as envisaged in these Regulations, the following paragraphs apply—

(b) Ambient humidity—

Reproducibility
     4. The application of the same measurand in a different location or by a different user, all other conditions being the same, shall result in the close agreement of successive measurements. The difference between the measurement results shall be small when compared with the MPE.

Repeatability
     5. The application of the same measurand under the same conditions of measurement shall result in the close agreement of successive measurements. The difference between the measurement results shall be small when compared with the MPE.

Discrimination and Sensitivity
     6. An automatic catchweigher shall be sufficiently sensitive and the discrimination threshold shall be sufficiently low for the intended measurement task.

Durability
     7. An automatic catchweigher shall be designed to maintain an adequate stability of its metrological characteristics over a period of time estimated by the manufacturer, provided that it is properly installed, maintained and used according to the manufacturer's instruction when in the environmental conditions for which it is intended.

Reliability
     8. An automatic catchweigher shall be designed to reduce as far as possible the effect of a defect that would lead to an inaccurate measurement result, unless the presence of such a defect is obvious.

Suitability
     9. —(1) An automatic catchweigher shall have no feature likely to facilitate fraudulent use, whereas possibilities for unintentional misuse shall be minimal.

    (2) An automatic catchweigher shall be suitable for its intended use taking account of the practical working conditions and shall not require unreasonable demands of the user in order to obtain a correct measurement result.

    (3) Where an automatic catchweigher is designed for the measurement of values of the measurand that are constant over time, the instrument shall be insensitive to small fluctuations of the value of the measurand, or shall take appropriate action.

    (4) An automatic catchweigher shall be robust and its materials of construction shall be suitable for the conditions in which it is intended to be used.

    (5) An automatic catchweigher shall be designed so as to allow the control of the measuring tasks after the instrument has been placed on the market and put into use. If necessary, special equipment or software for this control shall be part of the instrument. The test procedure shall be described in the operation manual.

    (6) When an instrument has associated software which provides other functions besides the measuring function, the software that is critical for the metrological characteristics shall be identifiable and shall not be inadmissibly influenced by the associated software.

    (7) Means shall be provided to limit the effects of tilt, loading and rate of operation such that MPEs are not exceeded in normal operation.

    (8) Adequate material handling facilities shall be provided to enable the instrument to respect the MPE during normal operation.

    (9) Any operator control interface shall be clear and effective.

    (10) The integrity of the display (where present) shall be verifiable by the operator.

    (11) Adequate zero setting capability shall be provided to enable the instrument to respect the MPE during normal operation.

    (12) Any result outside the measurement range shall be identified as such, where a printout is possible.

Protection against corruption
     10. —(1) The metrological characteristics of an automatic catchweigher shall not be influenced in any inadmissible way by the connection to it of another device, by any feature of the connected device itself or by any remote device that communicates with the measuring instrument.

    (2) A hardware component that is critical for metrological characteristics shall be designed so that it can be secured. Security measures foreseen shall provide for evidence of an intervention.

    (3) Software that is critical for metrological characteristics shall be identified as such and shall be secured.

    (4) Software identification shall be easily provided by the automatic catchweigher.

    (5) Evidence of a software intervention shall be available for a reasonable period of time.

    (6) Measurement data, software that is critical for measurement characteristics and metrologically important parameters stored or transmitted shall be adequately protected against accidental or intentional corruption.

Information to be borne by and to accompany the automatic catchweigher
     11. —(1) An automatic catchweigher shall bear the following inscriptions—

plus, when applicable—

(2) The automatic catchweigher shall be accompanied by information on its operation, unless the simplicity of the automatic catchweigher makes this unnecessary. Information shall be easily understandable and shall include where relevant—

    (3) Groups of identical automatic catchweighers used in the same location do not necessarily require individual instruction manuals.

    (4) The scale interval for a measured value shall be in the form 1 x 10ⁿ, 2 x 10ⁿ or 5 x 10ⁿ, where n is any integer or zero. The unit of measurement or its symbol shall be shown close to the numerical value.

    (5) The units of measurement used and their symbols shall be in accordance with the provisions of Community legislation on units of measurement and their symbols.

    (6) All marks and inscriptions required under any requirement shall be clear, non-erasable, unambiguous and non-transferable.

Indication of result
     12. —(1) Indication of the result shall be by means of a display or hard copy.

    (2) The indication of any result shall be clear and unambiguous and accompanied by such marks and inscriptions necessary to inform the user of the significance of the result. Easy reading of the presented result shall be permitted under normal conditions of use. Additional indications may be shown provided they cannot be confused with the metrologically controlled indications.

    (3) In the case of hard copy the print or record shall also be easily legible and non-erasable.

Further processing of data to conclude the trading transaction
     13. —(1) An automatic catchweigher shall record by a durable means the measurement result accompanied by information to identify the particular transaction, when—

    (2) Additionally, the durable proof of the measurement result and the information to identify the transaction shall be available on request at the time the measurement is concluded.

Conformity evaluation
     14. An automatic catchweigher shall be designed so as to allow ready evaluation of its conformity with the appropriate requirements of these Regulations.

Rated Operating Conditions
     15. —(1) The manufacturer shall specify the rated operating conditions for the automatic catchweigher as follows—

(b) for the electrical supply influence quantities—

(d) for other influence quantities (if applicable):

Accuracy Classes
     16. Automatic catchweighers to which these Regulations apply are divided into four accuracy classes, as follows—

Y(I), Y(II), Y(a) and Y(b) which shall be specified by the manufacturer.

MPE
     17. —(1) MPE for instruments of Category Y

Table 1

Net Load (m) in verification scale intervals (e) Maximum permissible error Maximum permissible error

Y(I) Y(II) Y(a) Y(b) Static weighing Dynamic weighing

0 < m ≤ 50 000 0 < m ≤ 5 000 0 < m ≤ 500 0 < m ≤ 50 ± 0.5 e ± 1.0 e

50 000 < m ≤ 200 000 5 000 < m ≤ 20 000 500 < m ≤ 2000 50 < m ≤ 200 ± 1.0 e ± 1.5 e

200 000 < m 20 000 < m ≤ 100 000 2 000 < m ≤ 10 000 200 < m ≤ 1 000 ± 1.5 e ± 2.0 e

    (2) Verification scale interval – single interval instruments

Table 2

Accuracy classes Verification scale interval Number of verification scale intervals n= Max/e

                      Minimum Maximum

Y(I) 0.001 g ≤ e 50 000 –

Y(II) 0.001 g ≤ e ≤

0.05 g

100 100 000

           0.1 g ≤ e 5 000 100 000

Y(a) 0.1 g ≤ e ≤ 2 g 100 10 000

           5 g ≤ e 500 10 000

Y(b) 5 g ≤ e 100 1 000

    (3) Verification scale interval – multi-interval instruments

Table 3

Accuracy classes Verification scale interval Number of verification scale interval n=Max/e

                      Minimum value[15]n = Max _i/e ₍_i₊₁₎ Maximum value

n=Max _i / e_i

Y(I) 0.001 g ≤ e_i 50 000 –

Y(II) 0.001 g ≤ e_i ≤

0.05 g

5 000 100 000

           0.1 g ≤ e_i 5 000 100 000

Y(a) 0.1 g ≤ e_i 500 10 000

Y (b) 5 g ≤ e_i 50 1 000

    (4) In Table 3:

Measurement Range
18. In specifying the measurement range for accuracy class Y instruments the manufacturer shall take account that the minimum capacity shall not be less than:

Dynamic setting
     19. —(1) The dynamic setting facility shall operate within a load range specified by the manufacturer.

    (2) When fitted, a dynamic setting facility that compensates for the dynamic effects of the load in motion shall be inhibited from operating outside the load range, and shall be capable of being secured.

Performance under influence factors and electromagnetic disturbances
     20. —(1) The MPE due to influence factors shall be—

(2) The critical change value due to a disturbance is one verification scale interval.

SCHEDULE 2

Regulations 2(1) and 8

NOTIFIED BODIES

PART 1

NOTIFIED BODY CRITERIA
     1. The body, its director and staff involved in conformity assessment tasks shall not be the designer, manufacturer, supplier, installer or user of the automatic catchweigher that they inspect, nor the authorised representative of any of them. In addition, they may not be directly involved in the design, manufacture, marketing or maintenance of the instruments, nor represent the parties engaged in these activities. The preceding criterion does not, however, preclude in any way the possibility of exchanges of technical information between the manufacturer and the body for the purposes of conformity assessment.

     2. The body, its director and staff involved in conformity assessment tasks shall be free from all pressures and inducements, in particular financial inducements, that might influence their judgement or the results of their conformity assessment, especially from persons or groups of persons with an interest in the results of the assessments.

     3. The conformity assessment shall be carried out with the highest degree of professional integrity and requisite competence in the field of metrology. Should the body sub-contract specific tasks, it shall first ensure that the sub-contractor meets the requirements of these Regulations, and in particular of this Schedule. The body shall keep the relevant documents assessing the sub-contractor's qualifications and the work carried out by him under these Regulations at the disposal of the Secretary of State.

     4. The body shall be capable of carrying out all the conformity assessment tasks for which it has been designated, whether those tasks are carried out by the body itself or on its behalf and under its responsibility. It shall have at its disposal the necessary staff and shall have access to the necessary facilities for carrying out in a proper manner the technical and administrative tasks entailed in conformity assessment.

     5. The body's staff shall have—

     6. The impartiality of the body, its director and staff shall be guaranteed. The remuneration of the body shall not depend on the results of the tasks it carries out. The remuneration of the body's director and staff shall not depend on the number of tasks carried out or on the results of such tasks.

     7. The body shall satisfy the Secretary of State that it has adequate civil liability insurance.

     8. The body's director and staff shall be bound to observe professional secrecy with regard to all information obtained in the performance of their duties pursuant to these Regulations, except vis-à-vis the Secretary of State.

PART 2

FUNCTIONS
Assessment of applications for certificates or notifications
9. —(1) Subject to paragraph 10, a notified body shall assess an application made by a manufacturer for the issue of—

in accordance with the Annex applicable to the relevant conformity assessment procedure in respect of an automatic catchweigher.

(2) In determining such an application, the notified body—

    (3) Where, in the opinion of the notified body, the automatic catchweigher to which an application relates is compliant with the essential requirements, it shall issue a certificate or notification in accordance with the requirements of paragraph 12.

    (4) Where, in the opinion of the notified body, the automatic catchweigher to which the application relates is not compliant with the essential requirements, it shall issue a notice to the applicant in accordance with paragraph 15.

    (5) Where a certificate or notification is issued under sub-paragraph (3) by a United Kingdom notified body, it shall send a copy to the Secretary of State.

Limitations on duties to exercise functions
     10. —(1) A notified body shall not accept an application for a certificate or notification in respect of an automatic catchweigher unless the application—

(2) A notified body shall not be required to determine an application for a certificate or notification where the manufacturer has not—

(3) A notified body shall not be required to carry out the functions referred to in regulation 7(4) (d) if—

Contractors
11. —(1) A notified body may, in exercising its functions—

    (2) But nothing in sub-paragraph (1) authorises a notified body to rely on the opinion of another person with regard to whether an automatic catchweigher conforms with any of the essential requirements.

    (3) Nothing in these Regulations shall preclude a person referred to in sub-paragraph (1)(a) or (1)(b) from charging any fee in respect of any work undertaken by him in pursuance of those sub-paragraphs.

Form of certificates and notifications
     12. A certificate or notification issued by a notified body shall be in writing and, in addition to the requirements provided for in the relevant conformity assessment procedure, shall—

(e) give particulars of the relevant automatic catchweigher (where applicable, in relation to each variant) to which it relates sufficient to identify it, and shall state whether the instrument to which it relates is a single item or a representative, or if it covers a number of variants of that instrument; and

(f) certify that the instrument to which it relates is compliant with the essential requirements.

Conditions in certificates or notifications
13. —(1) A certificate or notification may be unconditional or may be subject to such conditions as the notified body considers appropriate.

(2) Such conditions may include—

    (3) The conditions imposed pursuant to sub-paragraph (1) may be varied in accordance with paragraph 15 by the notified body which issued the certificate or notification and such variation may include the imposition of new conditions or the removal of conditions.

Withdrawal of certificates or notifications
     14. The notified body which issued a certificate or notification shall withdraw that certificate or notification in accordance with paragraph 15 if it appears that the automatic catchweigher to which it relates is not compliant with the essential requirements.

Procedure where a notified body is minded to refuse to give, or to vary or withdraw a certificate or notification
     15. —(1) Where a notified body is minded to—

it shall give to the applicant or the person to whom the certificate or notification was given a notice in writing—

(2) Where a notified body, having considered representations made to it under sub-paragraph (1), remains of the opinion that—

it shall inform the applicant, or the person to whom the certificate or notification was given, of that decision in writing and give that applicant or person information about the judicial remedies available to him.

(3) Where a notice is given under sub-paragraph (1) by a United Kingdom notified body it shall send a copy to the Secretary of State.

SCHEDULE 3

Regulation 6(2)

TECHNICAL DOCUMENTATION

1. The technical documentation shall render the design, manufacture and operation of the automatic catchweigher intelligible and shall permit an assessment of its conformity with the appropriate requirements of these Regulations.

2. The technical documentation shall be sufficiently detailed to ensure—

3. The technical documentation shall include insofar as relevant for assessment and identification of the type and/or instrument—

4. The manufacturer shall specify where seals and markings have been applied.

5. The manufacturer shall indicate the conditions for compatibility with interfaces where relevant.

SCHEDULE 4

Regulation 12(3)

MARKING AND INSCRIPTIONS

1. The CE marking consists of the symbol "CE" according to the design laid down in paragraph I.B(d) of the Annex to Decision 93/465/EEC[

SCHEDULE 5

Regulation 14(d) and (e)

MAXIMUM PERMISSIBLE ERRORS APPLICABLE TO AN AUTOMATIC CATCHWEIGHER FOR USE FOR TRADE

Table 1 Maximum permissible errors for automatic operation

Net Load (m) in verification scale intervals (e)				Maximum permissible errors
Y(I)	Y(II)	Y(a)	Y(b)
0 < m ≤ 50 000	0 < m ≤ 5 000	0 < m ≤ 500	0 < m ≤ 50	± 2 e
50 000 < m ≤ 200 000	5 000 < m ≤ 20 000	500 < m ≤ 2000	50 < m ≤ 200	± 3 e
200 000 < m	20 000 < m ≤ 100 000	2 000 < m ≤ 10 000	200 < m ≤ 1 000	± 4 e

Table 2 Maximum permissible errors for static weighing in non-automatic operation

Net Load (m) in verification scale intervals (e)				Maximum permissible errors
Y(I)	Y(II)	Y(a)	Y(b)
0 < m ≤ 50 000	0 < m ≤ 5 000	0 < m ≤ 500	0 < m ≤ 50	± 1 e
50 000 < m ≤ 200 000	5 000 < m ≤ 20 000	500 < m ≤ 2000	50 < m ≤ 200	± 2 e
200 000 < m	20 000 < m ≤ 100 000	2 000 < m ≤ 10 000	200 < m ≤ 1 000	± 3 e

SCHEDULE 6

Regulation 35

ADAPTATIONS FOR NORTHERN IRELAND

1. In regulation 2(2), the reference to the Weights and Measures Act 1985[

4. In regulation 28—

5. In regulation 34(3) the reference to sub-section (1) of section 14 of the Civil Evidence Act 1968 shall be construed as a reference to sub-section (1) of section 10 of the Civil Evidence Act (Northern Ireland) 1971[19].

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Directive 2004/22/EC of the European Parliament and of the Council on measuring instruments (OJ No. L 135, 30.4.2004, p1) "the Directive" in relation to the class of automatic catchweighers within the category of automatic weighing instruments covered by the Directive.

Part I provides that these Regulations apply, with certain exceptions, to automatic catchweighers for use for trade which are first placed on the market or put into use on or after the 30th October 2006.

Part II deals with the general requirements for placing on the market and putting into use. These are that automatic catchweighers are compliant with the essential requirements, that manufacturers have demonstrated such compliance with the essential requirements and that the instruments have the CE marking, the M marking and identification number of the relevant notified body affixed to them (regulation 4(1)). It is an offence to fail to comply with the requirements of regulation 4(1) before placing instruments on the market or putting them into use (regulation 4(2)). The essential requirements are set out in Schedule 1. Compliance with the essential requirements can be demonstrated in accordance with the provisions in regulation 5. Regulation 6 sets out the different conformity assessment procedures available to a manufacturer to demonstrate compliance. The technical documentation required is set out in Schedule 3.

Regulations 7 to 11 and Schedule 2 contain provisions relating to the designation by the Secretary of State of bodies as notified bodies and with the administrative procedures relating to their appointment, their functions and fees. Requirements relating to the marking of instruments are set out in regulation 12 and Schedule 4. Regulation 13 provides for a presumption of conformity of an automatic catchweigher with other applicable directives conferred by the CE marking.

Part III of these Regulations deals with requirements relating to the use for trade of automatic catchweighers (regulations 14 – 19 and Schedule 5) pursuant to section 15(1) of the Weights and Measures Act 1985. Failure to comply with these requirements is an offence under section 15(3) of that Act.

Part IV deals with enforcement of these Regulations. Regulation 20 provides that the Regulations shall be enforced by every local weights and measures authority within its area: the Secretary of State may act as an enforcement authority in relation to Part II, and for that purpose may appoint any person to act on his behalf. Regulation 21 (compliance notice procedure) and regulation 22 (immediate enforcement action) confer powers on the enforcement authorities to take action in respect of non-compliant instruments. Regulation 23 permits a review by the Secretary of State of notices issued by other enforcement authorities under regulations 21 and 22. Regulation 24 provides for disqualification of instruments and it is an offence to use an automatic catchweigher which has been disqualified unless it has been re-qualified in accordance with regulation 25. Regulation 26 provides for the testing of automatic catchweighers by an inspector otherwise than for the purposes of re-qualification.

Regulation 27 details the offences relating to the unauthorised application of authorised marks. Regulation 28 provides powers of entry and inspection for enforcement officers. Regulation 29 provides for offences relating to the obstruction of an enforcement officer. A person guilty of an offence under Part II or Part IV is liable on summary conviction to a fine not exceeding level 5 on the standard scale (which is currently £5,000) (regulation 30). A defence of due diligence in relation to any offence under these Regulations is provided for in regulation 31 and the liability of persons other than the principal offender is set out in regulation 32.

Part V (regulations 33 to 35) deals with miscellaneous matters including the application of the Regulations to Northern Ireland to the extent set out in Schedule 6 (regulation 35).

These Regulations have been notified to the European Commission and the other member States in accordance with Directive 98/34/EC of the European Parliament and of the Council (OJ No. L204, 21.7.98, p.37), as amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No. L217, 5.8.98, p.18).

A Regulatory Impact Assessment (RIA) in respect of these Regulations is available and a copy can be obtained from the National Weights and Measures Laboratory(NWML), Stanton Avenue, Teddington, Middlesex TW11 OJZ or from its website at

Notes:

[4] OJ No. L135, 30.4.04, p.1.back

[5] OJ No. L204, 21.7.98, p.37.back

[6] OJ No. L217, 5.8.98, p.18.back

[7] The application of the Directive was extended to the European Economic Area by Decision No. 31/2005 (OJ No. L198, 28.7.05, p.20).back