Regulation 60 Compliant regulated non-automatic weighing instruments which present a riskE1

England, Wales and Scotland

(1)

This regulation applies where, having carried out an evaluation under regulation 58 (regulated non-automatic weighing instruments presenting a risk), the market surveillance authority finds that although a regulated non-automatic weighing instrument is in compliance with the requirements of these Regulations, it presents a risk in relation to its use in relation to any activity referred to in regulation 3(2).

(2)

Where this regulation applies, the market surveillance authority must issue a direction requiring the economic operator to—

(a)

take all appropriate measures to ensure that the non-automatic weighing instrument concerned, when placed on the market, no longer presents that risk;

(b)

withdraw the non-automatic weighing instrument from the market; or

(c)

recall it within a reasonable period, commensurate with the nature of the risk as it may prescribe.

(3)

Where this regulation applies, the market surveillance authority must immediately inform the F1Secretary of State of all available details including—

(a)

the data necessary for the identification of the regulated non-automatic weighing instrument concerned;

(b)

the origin and supply chain of the regulated non-automatic weighing instrument;

(c)

the nature of the risk involved; and

(d)

the nature and duration of the national measures taken.

Annotations

Textual amendments

F1: Words in reg. 60(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. 26 para. 35 (with Sch. 26 para. 5) (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