Paragraph 5 Transitional provision in relation to EU Exit

After regulation 4 insert—

“Transitional provision in relation to EU Exit

4A.

(1)

In this regulation—

• “pre-exit period” means the period beginning with the commencement date and ending immediately before exit day.

(2)

Subject to paragraph (3), where a non-automatic weighing instrument was made available on the market during the pre-exit period, despite the amendments made by Schedule 26 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019^f1, any obligation to which a person was subject under these Regulations as they had effect immediately before exit day, continues to have effect as it did immediately before exit day, in relation to that non-automatic weighing instrument.

(3)

Paragraph (2) does not apply to—

(a)

any obligation of any competent authority to inform the European Commission or Member States of any matter; or

(b)

any obligation to take action outside of the United Kingdom in respect of that non-automatic weighing instrument.

(4)

Where during the pre-exit period—

(a)

a non-automatic weighing instrument has not been placed on the market; and

(b)

a manufacturer has taken any action under regulation 36 as it had effect immediately before exit day in relation to that non-automatic weighing instrument,

that action has effect as if it had been done under regulation 36 as it had effect on and after exit day.”.