Regulation 39 Passing as fit for use for tradeI1
England, Wales and Scotland
Subject to paragraphs (2) to (5) below, no non-automatic weighing machine shall be passed as fit for use for trade unless—
it complies with all the appropriate requirements of these Regulations; and
on testing, it falls within the prescribed limits of error.
Notwithstanding paragraph (1)(a) above, a non-automatic weighing machine which was first passed as fit for use for trade before 1st November 1988 may continue to be passed as fit for use for trade even if it does not comply with the requirements of regulations 7 and 19 above.
Notwithstanding paragraph (1) above in relation to the tilt testing requirements, a non-automatic weighing machine which is or could be marked
or
which was first passed as fit for use for trade before 4th April 1989 may continue to be passed as fit for use for trade if it bears the legend “Only to be used on a level surface”; provided that it meets the tilt testing requirements for a machine having an adjustable levelling device or devices instead of the requirements in paragraph 16 of Schedule 2 to these Regulations which would otherwise apply to it.
Notwithstanding paragraph (1)(b) above, in so far as concerns errors over the first part of the range, a non-automatic weighing machine (other than a self or semi-self indicating graduated machine with an analogue indicating device) which was first passed as fit for use for trade before 1st November 1988 may continue to be passed as fit for use for trade provided that the error in excess or in deficiency over the first part of the range is within or equal to one verification scale interval.
In the case of any non-automatic weighing machine imported from F1a member State or an EEA State, it shall not be passed as fit for use for trade unless—
where the requisite documentation is presented in accordance with regulation 36 above, the test report recites and the test data confirm to the satisfaction of the inspector that on testing in the relevant member State it fell within the prescribed limits of error; and
it complies with all the relevant requirements of these Regulations.
Annotations
Textual amendments
- F1
Words in reg. 39(5) 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(3); 2020 c. 1, Sch. 5 para. 1(1)