Regulation 25 Unauthorised application of EEC signs and marks etc.F1I1
United Kingdom
Subject to paragraph (2) below, any person who, in the case of any instrument–
not being an inspector or a person acting under the authority of an inspector, marks in any manner any plug, seal or plate used or designed for use for the reception of any EEC mark; or
not being a manufacturer authorised or required to do so under any provision of these Regulations, or the duly authorised agent of any such manufacturer, marks any such instrument with any EEC sign; or
forges, counterfeits or, except in accordance with Regulation 21 above, in any way alters or defaces any EEC sign or mark; or
removes any EEC sign or mark and inserts it into any other instrument; or
makes any alteration in the instrument after any EEC sign or mark has been applied to it in accordance with these Regulations, so that it no longer complies with the requirements of the relevant Directive;
shall be guilty of an offence.
A person shall not be guilty of an offence under paragraph (1) above by reason solely of the destruction or obliteration of any sign, mark, plug, seal or plate in the course of the adjustment or repair of any instrument by, or by the duly authorised agent of, a person who is a manufacturer of, or regularly engaged in the business of repairing, instruments.
Any person who uses for trade, sells or exposes or offers for sale any instrument which to his knowledge–
bears any EEC sign or mark which is a forgery or counterfeit, or which has been transferred from another instrument, or which has been altered or defaced otherwise than under Regulation 21 above or as permitted by virtue of paragraph (2) above; or
does not comply with the requirements of the relevant Directive by reason of any alteration made in it after any EEC sign or mark was applied to it in accordance with these Regulations;
shall be guilty of an offence.
Any instrument in respect of which an offence under this Regulation was committed, and any implement used in the commission of the offence, shall be liable to be forfeited.
In the case of an instrument to which Regulation 13(9) above applies this Regulation shall have effect as if the references in paragraph (1)(a) above to an inspector were references to the Secretary of State or to an inspector of a nominated local weights and measures authority.
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)))