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Regulation 17 Effect of revocation of EEC pattern approvalF1I1

United Kingdom

(1)

Where an EEC pattern approval is revoked, whether under these Regulations or by any member State F2other than the United Kingdom, any person who, knowing that the pattern approval has been revoked, uses for trade, or has in his possesion for such use, or causes or permits any other person so to use, an instrument of the pattern in question bearing any EEC sign or mark related to that pattern approval, or disposes of any such instrument to any other person in a state in which it could be so used without informing that other person of the revocation, shall be guilty of an offence, and the instrument shall be liable to be forfeited.

(2)

Paragraph (1) above does not apply if any such sign or mark on the instrument has been obliterated under Regulation 21 below.

(3)

For the purposes of this Regulation and Regulations 18 and 21 below, an EEC sign or mark shall be regarded as related to a pattern approval if it is a sign framed by reference to that pattern approval or a mark of EEC initial verification which was affixed by reference to conformity to the pattern which was the subject of that pattern approval.

(4)

Where any instrument is found in the possession of any person carrying on trade or on any premises which are used for trade, that person or, as the case may be, the occupier of those premises shall be deemed for the purposes of any proceedings for an offence under this Regulation, unless the contrary is proved, to have that instrument in his possession for use for trade.

(5)

A certificate by the Secretary of State stating that an EEC pattern approval granted by any member State F3other than the United Kingdom has been revoked and thereby ceased to have effect on a date specified shall be conclusive as to the matters certified in any proceedings for an offence under this Regulation.

Annotations

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)))

F2

Words in reg. 17(1) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 5 para. 1(2)(b) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in reg. 17(5) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 5 para. 1(2)(b) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

Reg. 17 in force at 14.3.1988, see reg. 1(1)