# The Measuring Instruments (EEC Requirements) Regulations 1988 (revoked), Regulation 13: EEC initial verification

Extent: E+W+S+N.I.

(1) An application for consideration of any instrument (other than an instrument to which paragraph (9) below applies) for EEC initial verification shall be made to an inspector in such manner as the local weights and measures authority may direct.
(2) The inspector shall determine–
(a) whether the instrument belongs to a category exempt from EEC pattern approval and, if so, whether it conforms to the requirements of the relevant Directive;
(b) where EEC pattern approval is required for instruments of the category in question, whether an EEC pattern approval is in force in respect of the instrument and, if so, whether it conforms to the approved pattern and to the requirements of the relevant Directive.
(3) Where the inspector is satisfied–
(a) that the instrument conforms to the requirements of the relevant Directive; and
(b) where EEC pattern approval is required for instruments of the category in question, that an EEC pattern approval is in force in respect of the instrument and that the instrument conforms to the approved pattern;
he shall cause to be affixed to the instrument the United Kingdom mark of EEC initial verification or the United Kingdom mark of EEC partial verification as the case may require, and shall at the same time cause to be applied any seals required by the relevant Directive to be applied in connection with initial verification.
(4) If the inspector refuses to cause any EEC mark to be affixed to an instrument he shall give to the applicant a statement in writing of his reasons for the refusal.
(5) Each inspector shall keep a record of all tests and examinations carried out by him under this Regulation.
(6) Where an EEC pattern approval is subject to a condition limiting the number of instruments which may be submitted for initial verification by reference to the pattern in question, a person who makes an application, or causes or permits the making of an application, which if granted would contravene the condition, shall be guilty of an offence unless it is shown that he did not know, and had no reason to believe, that it would or might contravene the condition.
(7) Schedule 3 to these Regulations shall apply for regulating the conduct in the United Kingdom of EEC initial verification.
(8) In this Regulation and in Schedule 3 to these Regulations references to affixing a mark to an instrument include references to affixing a mark on any container, packaging or other thing associated with an instrument where that is authorised or required by the relevant Directive; and references in these Regulations to an instrument bearing a mark shall be construed as including references to an instrument to which a mark has been applied by being so affixed (whether under these Regulations or under the law applicable in any member State other than the United Kingdom).
(9) In the case of–
(i) meters for pressurised liquefied gas to which the Directive on meters for liquids other than water applies;
(ii) an instrument of a category to which the Directive on the measuring of the standard mass per storage volume of grain applies;
(iii) a measure of length in class I within the meaning of the Directive on material measures of length;
(iv) a weight of a category to which the Directive on above-medium accuracy weights applies;
(v) a pressurised liquefied gas measuring system of a category to which the Directive on measuring systems for liquids other than water applies;
(vi) an instrument of a category to which the Directive on non-automatic weighing machines applies of a class of special accuracy or high accuracy bearing the identifying symbol
or
respectively;
the application for EEC initial verification shall be made to the Secretary of State or to an inspector of a nominated local weights and measures authority, and the preceding provisions of this Regulation and the provisions of Schedule 3 to these Regulations shall have effect as if references to an inspector and to the local weights and measures authority included references to the Secretary of State.

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Source: https://www.legislation.gov.uk/uksi/1988/186/regulation/13 (the official version)
Page: https://openlegislation.uk/measuring-instruments-eec-requirements-regulations-1988-revoked/regulation-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.