Explanatory note

United Kingdom

(This note is not part of the Regulations)

These Regulations replace the Measuring Instruments (EEC Requirements) Regulations 1980 as amended. The Regulations implement Council Directive No. 71/316/EEC (O.J. L202, 6.9.71, p.1, O.J./S.E. 1971(II) p.707) relating to measuring instruments and methods of metrological control, as amended by Council Directives No. 72/427/EEC (O.J. L291, 28.12.72, p.156, O.J./S.E.1972, 28–30 Dec., p.71), No. 83/575/EEC (O.J. L332, 28.11.83, p.43), No. 87/354/EEC (O.J. L192, 11.7.87, p.43) and No. 87/355/EEC (O.J. L192, 11.7.87, p.46). They also implement the Council Directives relating to particular categories of instruments, which are mentioned in Regulation 2(1). Together these Directives provide procedures and requirements for instruments to receive EEC pattern approval and EEC initial verification as an alternative to complying with national law in each of the member States.

The principal provisions of the Regulations are as follows:–

(1)

Provision is made for the Secretary of State, on application being made for that purpose, to approve patterns of instruments which comply with the relevant Council Directive relating to that category of instruments (Regulation 8);

(2)

Provision is also made for the initial verification of measuring instruments to determine whether they comply with the approved pattern (if there is one), whether granted in the United Kingdom or in another member State, and with the provisions of the relevant Council Directive, and for the application of the mark of EEC initial verification. The application for EEC initial verification is to be made to the local weights and measures inspector with the exception of certain types of instruments where it is to be made to the Secretary of State or to an inspector of a nominated local weights and measures authority only (Regulation 13);

(3)

The signs and marks relating to EEC pattern approval and to EEC initial verification are described (Regulation 4 and Schedule 1) and examples are given;

(4)

The prohibition on the use for trade etc. of weighing or measuring equipment of a class or description prescribed under section 11 of the Weights and Measures Act 1985, or Article 9 of the Weights and Measures (Northern Ireland) Order 1981, unless passed as fit for such use and generally stamped, is not to apply to measuring instruments bearing the sign of EEC pattern approval and exemption from EEC initial verification or the mark of EEC initial verification whether that sign or mark was applied in the United Kingdom or in another member State. Particular requirements apply in relation to the use of non-automatic weighing machines (Regulation 6);

(5)

The particular categories of measuring instruments to which the Regulations apply are described in Regulation 3;

(6)

The Regulations include provision for offences and penalties (Regulations 25 and 30) in connection with the misuse of EEC signs and marks, and also include powers of inspection of measuring instruments, and entry of premises for the enforcement of the Regulations (Regulation 26).

The principal changes in these Regulations are that the Regulations are applied to tyre pressure gauges to which Council Directive No. 86/217/EEC applies, and that the in-service limits of error for cold-water meters are amended.

Notes on the whole SI

Textual amendments

F1: Regulations revoked with savings (1.12.2015) by The Weights and Measures (Revocations) Regulations 2015 (S.I. 2015/356), reg. 1(2)(b), Sch. Pt. 2 para. 3 (with Sch. Pt. 2 para. 5 (as amended on IP completion day by S.I. 2019/696, reg. 1, Sch. 17 para. 1(3)))