The Non-automatic Weighing Instruments Regulations 2016 in Northern Ireland
S.I. 2016/1152 · Made 29 November 2016 · Extends to United Kingdom
Weights And Measures
Made 29th November 2016
Laid before Parliament 6th December 2016
Coming into force 28th December 2016
The Secretary of State is a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to, and for purposes ancillary to, the regulation of specifications, construction, placing on the market and use of articles, instruments, containers or other equipment intended for weighing, measuring or testing.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A M3 of Schedule 2 to, that Act and, in relation to Part 7 of the Regulations (and any other provisions of these Regulations to the extent that they apply to, or give effect to, Part 7), under powers conferred by sections 15(1) and 86(1) of the Weights and Measures Act 1985 M4.
Annotations to the whole text
Marginal citations
- M1
- M2
1972 c.68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1) and the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1.
- M3
Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by the European Union (Amendment) Act 2008, Schedule, Part 1.
- M4
Contents
- Part 1: INTRODUCTORY
- 1Citation commencement and extent
- 3Application of these Regulations
- 4Revocations and transitional and consequential provisions
- Part 2: REGULATED NON-AUTOMATIC WEIGHING INSTRUMENTS – OBLIGATIONS OF ECONOMIC OPERATORS
- Chapter 1: OBLIGATIONS OF MANUFACTURERS AND PERSONS TO BE TREATED AS MANUFACTURERS
- 5Introductory
- 7Manufacturers' obligations in respect of records
- 9Manufacturers' obligations in relation to the marking of regulated non-automatic weighing instruments with serial numbers etc.
- 13Provision of information to the competent authority
- 14Use of authorised representatives by manufacturers
- Chapter 2: OBLIGATIONS OF IMPORTERS
- 17Importers duty to notify manufacturer and market surveillance authorities of non-compliant regulated non-automatic weighing instruments that present a risk
- 20Duty of importers to ensure proper conditions of storage and transport
- 21Duties of importers with regard to monitoring etc.
- 22Action to be taken by importers where regulated non-automatic weighing instruments placed on the market by them are not in conformity with essential requirements
- 23Requirement for importer to keep copy of EU declaration of conformity
- 24Provision of information to a competent authority
- Chapter 3: OBLIGATIONS OF DISTRIBUTORS
- 25Introductory
- 26Distributors – duty to act with due care
- 28Distributors not to make non-conforming non-automatic weighing instruments available on the market etc.
- 29Duty of distributors to ensure proper conditions of storage and transport
- 30Action to be taken by distributors where regulated non-automatic weighing instruments placed on the market by them are not in conformity with essential requirements
- 31Provision of information to the competent authority
- Chapter 4: IDENTIFICATION OF ECONOMIC OPERATORS
- 32Regulation 32
- 32DQualifying Northern Ireland Goods
- Part 3: CONFORMITY OF REGULATED NON-AUTOMATIC WEIGHING INSTRUMENTS
- Chapter 1: ESTABLISHING COMPLIANCE WITH THE ESSENTIAL REQUIREMENTS
- 33Introductory
- 37Subsidiaries and contractors
- Chapter 2: REQUIREMENTS RELATING TO EU DECLARATIONS OF CONFORMITY
- 39Application of Chapter
- Chapter 3: CONFORMITY MARKING
- 45AUK(NI) indication
- 45BRegister of notified bodies established in the United Kingdom
- Part 4: REQUIREMENTS FOR NON-REGULATED NON-AUTOMATIC WEIGHING INSTRUMENTS
- 46Regulation 46
- Part 5: NOTIFICATION OF CONFORMITY ASSESSMENT BODIES APPROVAL OF CONFORMITY ASSESSMENT BODIES
- Part 6: PUTTING INTO SERVICE OF REGULATED NON-AUTOMATIC WEIGHING INSTRUMENTS FOR THE PURPOSES LISTED IN REGULATION 3(2)
- 55Regulation 55
- 56Regulation 56
- Part 8: MARKET SURVEILLANCE AND ENFORCEMENT
- Chapter 1: MARKET SURVEILLANCE
- 57The market surveillance authority
- 59EU safeguard procedure
- 61Provisions as to directions under regulations 58 and 60
- Chapter 2: ENFORCEMENT PROCEDURES
- 62Competent authorities and enforcement proceedings
- 65Review of decisions of a competent authorities
- 66Offence of failing to comply with an enforcement notice
- 69Testing of regulated non-automatic weighing instruments
- 70Unsuitable use of regulated non-automatic weighing instruments
- Part 9: OFFENCES
- 72Offences by economic operators etc.
- 73Penalties for offences
- 74Defence of due diligence
- 75Liability of persons other than the principal offender
- Part 10: MISCELLANEOUS AND SUPPLEMENTAL
- 76Service of documents etc.
- Signature
- Schedule A1: Disqualification and re-qualification marks
- 1Disqualification mark
- 2Re-qualification mark
- Schedule 1: INFORMATION TO BE MARKED ON REGULATED NON-AUTOMATIC WEIGHING INSTRUMENTS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 2: OPERATIONAL OBLIGATIONS OF NOTIFIEDAPPROVED BODIES
- 1Paragraph 1
- 2Paragraph 2
- 9Paragraph 9
- Schedule 3: REQUIREMENTS RELATING TO NOTIFIED BODIES APPROVED BODY REQUIREMENTS
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 6Paragraph 6
- 7Paragraph 7
- 10Paragraph 10
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 2Manner of erection of regulated non-automatic weighing instruments
- 3Regulated non-automatic weighing instruments marked with temperature range
- 4Regulated non-automatic weighing instruments marked with manner of use
- 5Regulated non-automatic weighing instruments fitted with printing devices
- 6Load receptors
- 7Operation of regulated non-automatic weighing instrument
- 8Regulated non-automatic weighing instruments to be set to zero or to be balanced before use
- Schedule 5: MONETARY PENALTIES
- 1Introduction
- 2Procedure
- 3Appeals
- 4Interest and recovery
- Part: ESSENTIAL REQUIREMENTS
- The terminology used is that of the International Organisation of Legal Metrology
- Chapter: Metrological requirements
- 1Paragraph 1
- 2Paragraph 2
- 2.1Paragraph 2.1
- 2.2Paragraph 2.2
- 2.2.1Paragraph 2.2.1
- 2.2.2Paragraph 2.2.2
- 2.2.3Paragraph 2.2.3
- 3Paragraph 3
- 3.1Paragraph 3.1
- 3.2Paragraph 3.2
- 3.3Paragraph 3.3
- 3.3.1Paragraph 3.3.1
- 3.3.2Paragraph 3.3.2
- 3.3.3Paragraph 3.3.3
- 4Paragraph 4
- 4.1Paragraph 4.1
- 4.2Paragraph 4.2
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 7.1Paragraph 7.1
- 7.2Paragraph 7.2
- 7.3Paragraph 7.3
- 7.4Paragraph 7.4
- 7.5Paragraph 7.5
- 7.6Paragraph 7.6
- Chapter: Design and construction
- 8Paragraph 8
- 8.1Paragraph 8.1
- 8.2Paragraph 8.2
- 8.3Paragraph 8.3
- 8.4Paragraph 8.4
- 8.5Paragraph 8.5
- 8.6Paragraph 8.6
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Part: CONFORMITY ASSESSMENT PROCEDURES
- 1Paragraph 1
- 1.1Paragraph 1.1
- 1.2Paragraph 1.2
- 1.3Paragraph 1.3
- 1.4Paragraph 1.4
- 1.4.1Paragraph 1.4.1
- 1.4.2Paragraph 1.4.2
- 1.4.3Paragraph 1.4.3
- 1.4.4Paragraph 1.4.4
- 1.4.5Paragraph 1.4.5
- 1.5Paragraph 1.5
- 1.6Paragraph 1.6
- 1.7Paragraph 1.7
- 1.8Paragraph 1.8
- 1.9Paragraph 1.9
- 1.10Paragraph 1.10
- 2Paragraph 2
- 2.1Paragraph 2.1
- 2.2Paragraph 2.2
- 2.3Paragraph 2.3
- 2.3.1Paragraph 2.3.1
- 2.3.2Paragraph 2.3.2
- 2.3.3Paragraph 2.3.3
- 2.3.4Paragraph 2.3.4
- 2.3.5Paragraph 2.3.5
- 2.4Paragraph 2.4
- 2.4.1Paragraph 2.4.1
- 2.4.2Paragraph 2.4.2
- 2.4.3Paragraph 2.4.3
- 2.4.4Paragraph 2.4.4
- 2.5Paragraph 2.5
- 2.5.1Paragraph 2.5.1
- 2.5.2Paragraph 2.5.2
- 2.6Paragraph 2.6
- 2.7Paragraph 2.7
- 2.8Paragraph 2.8
- 3Paragraph 3
- 3.1Paragraph 3.1
- 3.2Paragraph 3.2
- 3.3Paragraph 3.3
- 3.4Paragraph 3.4
- 3.5Paragraph 3.5
- 3.5.1Paragraph 3.5.1
- 3.5.2Paragraph 3.5.2
- 3.5.3Paragraph 3.5.3
- 3.5.4Paragraph 3.5.4
- 3.5.5Paragraph 3.5.5
- 3.6Paragraph 3.6
- 3.6.1Paragraph 3.6.1
- 3.6.2Paragraph 3.6.2
- 3.6.3Paragraph 3.6.3
- 3.6.4Paragraph 3.6.4
- 3.7Paragraph 3.7
- 3.7.1Paragraph 3.7.1
- 3.7.2Paragraph 3.7.2
- 3.8Paragraph 3.8
- 3.9Paragraph 3.9
- 3.10Paragraph 3.10
- 4Paragraph 4
- 4.1Paragraph 4.1
- 4.2Paragraph 4.2
- 4.3Paragraph 4.3
- 4.4Paragraph 4.4
- 4.4.1Paragraph 4.4.1
- 4.4.2Paragraph 4.4.2
- 4.5Paragraph 4.5
- 4.5.1Paragraph 4.5.1
- 4.5.2Paragraph 4.5.2
- 4.6Paragraph 4.6
- 4.7Paragraph 4.7
- 5Paragraph 5
- 5.1Paragraph 5.1
- 5.2Paragraph 5.2
- 5.2.1Paragraph 5.2.1
- 5.2.2Paragraph 5.2.2
- 5.3Paragraph 5.3
- 5.4Paragraph 5.4
- 5.5Paragraph 5.5
- 5.5.1Paragraph 5.5.1
- 5.5.2Paragraph 5.5.2
- 5.6Paragraph 5.6
- 5.6.1Paragraph 5.6.1
- 5.6.2Paragraph 5.6.2
- 5.7Paragraph 5.7
- 5.8Paragraph 5.8
- 6Paragraph 6
- 6.1Paragraph 6.1
- 6.2Paragraph 6.2
- 6.2.1Paragraph 6.2.1
- 6.2.2Paragraph 6.2.2
- 6.3Paragraph 6.3
- 6.4Paragraph 6.4
- 6.5Paragraph 6.5
- 6.5.1Paragraph 6.5.1
- 6.5.2Paragraph 6.5.2
- 6.6Paragraph 6.6
- 7Paragraph 7
- 7.1Paragraph 7.1
- 7.2Paragraph 7.2
- 7.2.1Paragraph 7.2.1
- 7.2.2Paragraph 7.2.2
- 7.2.3Paragraph 7.2.3
- 7.2.4Paragraph 7.2.4
- Part: INSCRIPTIONS
- 1Paragraph 1
- 1.1Paragraph 1.1
- 1.2Paragraph 1.2
- 1.3Paragraph 1.3
- 1.4Paragraph 1.4
- 1.5Paragraph 1.5
- 2Paragraph 2
- 3Paragraph 3
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Explanatory note