Regulation 36 Non-automatic weighing machines imported from a member State or an EEA StateF3I1
England, Wales and Scotland
In relation to any non-automatic weighing machine imported into Great Britain from F1a member State or from an EEA State, subject to paragraph (4) below, an inspector shall not carry out any test in accordance with these Regulations if, together with the machine being imported, he is presented with the requisite documentation.
In this regulation and in regulation 39(5) below—
“requisite documentation” means—
the test report of an approved body that the machine which is the subject of that report has been tested on the same basis as those set out in these Regulations and stating which tests have been applied to it; and
the test results relating to those tests; and
“EEA State” means a State which is a Contracting Party to the EEA Agreement and in this paragraph “the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.
A body is an “approved body” for the purposes of this regulation if it is a body in a member State or in an EEA State which has responsibility in that State for metrological control of non-automatic weighing machines or is a laboratory which has been accredited for the purposes of testing non-automatic weighing machines in a member State or in an EEA State as being a body which conforms with the criteria set out in BS EN ISO/IEC 17025:2000.
Nothing in these Regulations shall prevent an inspector testing in accordance with the foregoing provisions of this Part of these Regulations where he is not satisfied—
as to the authenticity of the test report or the results presented to him; or
that the test results presented to him are results which in fact relate to the machines being imported.
Annotations
Textual amendments
- F1
Words in reg. 36(1) substituted (31.12.2020) by The Weighing and Measuring Equipment and Meters (Amendment of Secondary Legislation) (EU Exit) Regulations 2018 (S.I. 2018/1387), reg. 1(2), Sch. para. 11(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Reg. 36(3) substituted (28.2.2003) by The Weights and Measures (Standards Amendment)Regulations 2003 (S.I. 2003/214), reg. 1, Sch. para. 9
- F3
Words in reg. 36 heading substituted (31.12.2020) by The Weighing and Measuring Equipment and Meters (Amendment of Secondary Legislation) (EU Exit) Regulations 2018 (S.I. 2018/1387), reg. 1(2), Sch. para. 11(2)(a); 2020 c. 1, Sch. 5 para. 1(1)