The Weighing Equipment (Non-automatic Weighing Machines) Regulations (Northern Ireland) 2006

Application

3.—(1) Subject to paragraphs (2) to (4), these Regulations shall apply to all non-automatic weighing machines for use for trade, and such machines are hereby prescribed for the purposes of Article 9(1) of the 1981 Order.

(2) Nothing in these Regulations shall apply to any non-automatic weighing machine of the following descriptions—

(a) counting machines without weight indicating or weight printing devices and which are for use only for counting the number of articles;

(b) machines for use only for weighing coins or currency notes for the purpose of determining their number;

(c) machines for use for grading by reference to their weight for the purpose of trading transactions by reference to that grading, of hens' eggs in shell which are intended for human consumption;

(d) machines for use only for weighing paint (other than paste paint);

(e) machines for use only as vehicle check weighing machines and bearing a conspicuous notice to that effect;

(f) machines for use only for making up packages if, and only if, the packages are subsequently checked in accordance with Article 31(9) of the 1981 Order;

(g) machines specified in paragraph 7 of Schedule 4 to the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 1990(1) for use only in checking packages in accordance with Articles 31(9) and (10) of the 1981 Order;

(h) machines used for weighing persons which are made available for use by the public, whether on payment or otherwise;

(i) customer check weighing machines, that is to say, non-automatic weighing machines which, in accordance with Article 5(3)(a) of the 1981 Order, are made available for use for trade by prospective buyers of goods so that they may check the weight of the goods before purchasing them;

and in this paragraph “packages” means packages as defined in Article 30(1) of the 1981 Order.

(3) Other than regulations 4 and 23 to 31, nothing in these Regulations shall apply to any non-automatic weighing machine which bears the mark of EEC initial verification.

(4) Other than regulations 4(4), 23, 24 and 31, nothing in these Regulations shall apply to any weighing machine with counting facilities which—

(a) has been in use for trade solely for counting before 1st August 1991; and

(b) bears the legends:

• “Not to be used for weighing for trade” and “Not to be used for direct trade with the public”; and

(c) has not been passed as fit for use for trade and stamped.

(5) Nothing in these Regulations shall apply to any non-automatic weighing machine which is an “instrument” to which the Non-automatic Weighing Instruments (EEC Requirements) Regulations 1995(2) apply.

(1)

S.R. 1990 No. 410 as amended by S.R. 1991 No. 320, S.R. 1992 No. 485 and S.R. 1994 No. 321

(2)

S.I. 1995/1907 as amended by S.I. 1997/3035 and S.I. 1998/2994