Regulation 75 Unauthorised application of authorised marksE1

England, Wales and Scotland

(1)

Subject to paragraph (2), a person is guilty of an offence, if that person—

(a)

affixes an authorised mark to a regulated measuring instrument otherwise than in accordance with these Regulations;

(b)

alters or defaces an authorised mark affixed to a regulated measuring instrument;

(c)

removes an authorised mark affixed to a regulated measuring instrument; or

(d)

affixes any other form of marking to a regulated measuring instrument which is likely to deceive any person as to the meaning or form, or both, of an authorised mark.

(2)

Where the alteration, defacement or removal of an authorised mark is occasioned solely—

(a)

in the course of the adjustment or repair of a regulated measuring instrument by a person engaged in the business of repair of such instruments or by that person's duly authorised agent; or

(b)

by an enforcement officer or approved verifier in the carrying out of any of their functions under these Regulations,

that person (or that person's authorised agent), enforcement officer or approved verifier is not guilty of an offence under paragraph (1)(b) or (1)(c).

(3)

A person is guilty of an offence if that person places on the market or puts into use or uses for trade a regulated measuring instrument—

(a)

from which, to that person's knowledge, an authorised mark has been removed; or

(b)

which to that person's knowledge bears—

(i)

an authorised mark affixed otherwise than in accordance with these Regulations;

(ii)

an authorised mark that has been altered or defaced otherwise than in the circumstances referred to in paragraph (2); or

(iii)

any mark which is likely to deceive any person as to the meaning or form, or both, of an authorised mark.

(4)

A regulated measuring instrument in respect of which an offence under this regulation has been committed and any implement used in the commissioning of the offence is liable to be forfeited.

(5)

In this regulation “authorised mark” means—

(a)

the F1UK marking;

(b)

the M marking;

(c)

the identification number of the F2approved body which carried out the conformity assessment procedure in respect of the relevant regulated measuring instrument;

(d)

a disqualification mark; or

(e)

a re-qualification mark.

Annotations

Textual amendments

F1: Word in reg. 75(5)(a) 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. 27 para. 46(a) (with Sch. 27 para. 50(a)) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2: Word in reg. 75(5)(c) 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. 27 para. 46(b) (with Sch. 27 para. 50(a)) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Extent

E1: This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only