Regulation 8 EEC pattern approvalF1I1C1C2
United Kingdom
Where–
any pattern of instrument is submitted to the Secretary of State for the purpose by the manufacturer or his authorised representative; and
the Secretary of State has the necessary equipment available or it can be made available to him by the applicant in accordance with paragraph 2(3) of Schedule 2 to these Regulations,
the Secretary of State shall conduct an examination; and if the Secretary of State is satisfied that the pattern conforms to the requirements of the relevant Directive, he shall, subject to the provisions of this Regulation, grant EEC pattern approval of that pattern and issue a certificate in respect thereof.
Where EEC pattern approval granted under this Regulation is in force in respect of a pattern of instrument, the manufacturer or his authorised representative may apply for approval of modifications or additions to the approved pattern; and on any such application the Secretary of State shall conduct an examination of the pattern of instrument with the modifications or additions proposed, and if he is satisfied that the pattern with those modifications or additions conforms to the requirements of the relevant Directive he shall, subject to the provisions of this Regulation, grant EEC pattern approval of that pattern with those modifications or additions and issue a certificate in respect thereof.
The Secretary of State shall not grant EEC pattern approval under paragraph (1) or paragraph (2) of this Regulation in respect of any pattern of instrument unless he is satisfied that no application for EEC pattern approval has been made by or on behalf of the manufacturer in F3F2any ... member Statea member State in respect of that pattern.
The Secretary of State shall cause particulars of any EEC pattern approval granted under this Regulation to be published.
Subject to any restrictions imposed under Regulation 9 below, EEC pattern approval shall be valid for a period of ten years and its validity may be extended for successive periods of ten years:
Provided that its validity shall not be extended after the date of the entry into force of any amendment to the relevant Directive where it could not have been granted on the basis of that amendment.
If the Secretary of State refuses to grant EEC pattern approval under this Regulation or to extend the period of validity of EEC pattern approval, he shall give to the applicant a statement in writing of his reasons for the refusal.
Schedule 2 to these Regulations shall apply for regulating the conduct in the United Kingdom of EEC pattern approval.
Where in accordance with Schedule 2 to these Regulations a certificate of EEC pattern approval in respect of any pattern of instrument varies or disapplies any requirement of the relevant Directive, references in these Regulations (however expressed) to the requirements of the relevant Directive shall be construed, in relation to instruments of that pattern, as references to those requirements with appropriate variations and omissions; and where in accordance with that Schedule a certificate of EEC pattern approval imposes any requirements or restrictions in addition to those of the relevant Directive, references in these Regulations to conformity to the pattern shall be construed, in relation to instruments of that pattern, as including references to conformity to those requirements or restrictions.
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. 8(3) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 5 para. 1(4) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Word in reg. 8(3) omitted (N.I.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 1 para. 1(3)
Modifications
- C1
Regs. 8-11 applied (with modifications) (21.10.1993) by The Clinical Thermometers (EEC Requirements) Regulations 1993 (S.I. 1993/2360), regs. 1, 7 (with reg. 3)
- C2
Reg. 8 applied (with modifications) (1.11.1995) by The Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995 (S.I. 1995/2607), regs. 1(1), 5