OpenLegislation

Paragraph 50 Amendment to Schedule 3I1

England, Wales and Scotland

In Schedule 3 (revocations and transitional and consequential provisions)—

(a)

after paragraph 2, insert—

“Transitional provisions relating to UK withdrawal from the EU

2A
(1)

In this regulation—

“pre-exit period” means the period beginning with the commencement date and ending immediately before F1IP completion day;

(2)

Subject to paragraph (3), where a regulated measuring instrument was made available on the market during the pre-exit period, despite the amendments made by Schedule 27 of the Product Safety and Metrology (Amendment etc.) (EU Exit) Regulations 2019 M1, any obligation to which a person was subject under these Regulations as they had effect immediately before IP completion day, continues to have effect as it did immediately before IP completion day, in relation to that regulated measuring instrument.

(3)

Paragraph (2) does not apply to—

(a)

any obligation of any competent authority to inform the European Commission or Member States of any matter; or

(b)

any obligation to take action outside of the United Kingdom in respect of that regulated measuring instrument.

(4)

Where during the pre-exit period—

(a)

a regulated measuring instrument has not been placed on the market; and

(b)

a manufacturer has taken any action under regulation 39 as it had effect immediately before IP completion day in relation to that regulated measuring instrument,

that action has effect as if it had been done under regulation 39 as it had effect on and after IP completion day.”

(b)

in paragraph 4—

(i)

in sub-paragraphs (4)(a), (4)(b), (6)(c)(i) and (6)(c)(ii), for “Annex IV to the Directive”, substitute “ Schedule 1D to the Measuring Instruments Regulations 2016 M2 ” in each place it occurs;

(ii)

in sub-paragraphs (4)(b), (6)(c)(i) and (6)(c)(ii), for “Annex IV”, substitute “ Schedule 1D to the Measuring Instruments Regulations 2016 ”;

(c)

in paragraph 5—

(i)

in sub-paragraphs (4)(a) and (4)(b) for “Annex IV to the Directive”, substitute “ Schedule 1D to the Measuring Instruments Regulations 2016 ” in each place it occurs;

(ii)

in sub-paragraphs (4)(a) and (4)(b), for “Annex IV”, substitute “ Schedule 1D to the Measuring Instruments Regulations 2016 ” in each place it occurs;

(d)

in paragraphs 6 and 7, for “Annex V to the Directive”, substitute “ Schedule 1E of the Measuring Instruments Regulations 2016 ” in each place it occurs.

Annotations

Textual amendments

F1

Words in Sch. 27 para. 50(a) substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/852), regs. 2(2), 4(2), Sch. 1 para. 1(p)(v)

Marginal citations

M1

S.I. 2019/696.

M2

S.I. 2016/1153.

Commencement

I1

Sch. 27 para. 50 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1