The Measuring Instruments (Material Measures of Length) Regulations 2006

Application

3.—(1) Subject to paragraphs (2), (3) and (4), these Regulations apply to the following material measures of length, excluding dipping and strapping tapes, namely a measure of—

(a) 50 metres;

(b) 30 metres;

(c) 20 metres;

(d) 10 metres;

(e) 5 metres;

(f) 3 metres;

(g) 2 metres;

(h) 1.5 metres;

(i) 1 metre;

(j) 0.5 metre;

(k) 1 decimetre;

(l) 1 centimetre

which is—

(i) for use for trade; and

(ii) first placed on the market or put into use on or after 30th October 2006.

(2) These Regulations do not apply to a material measure of length—

(a) which has been first passed as fit for use for trade and stamped before 30th October 2006 under the Measuring Equipment (Measures of Length) Regulations 1986(1); and

(b) which is placed on the market before that date;

(3) These Regulations do not apply to a material measure of length—

(a) in respect of a pattern of which EEC pattern approval was granted before 30th October 2006 under the Measuring Instruments (EEC Requirements) Regulations 1988(2) (“the 1988 Regulations”) and is in force; and

(b) which bears a mark of EEC initial verification or of EEC partial verification.

(4) These Regulations do not apply to a material measure of length which is not compliant with the essential requirements and which is displayed or presented at a trade fair, exhibition or demonstration, if a sign displayed visibly on or near the measure clearly indicates that the measure—

(a) is not compliant with those requirements; and

(b) cannot be acquired or used until it is made compliant with those requirements by the manufacturer.

(5) For the purposes of paragraph (3)—

(a) a grant of EEC pattern approval, or the affixing of a mark of EEC initial verification shall be in accordance with the relevant provisions of the 1988 Regulations or, in the case of any other member State, in accordance with the relevant provisions of measures in force which implement Council Directive 73/362/EEC(3) as amended by Council Directive 78/629/EEC(4) and Commission Directive 85/146/EEC(5); and

(b) the affixing of a mark of EEC partial verification shall be in accordance with the 1988 Regulations, or in the case of any other member State, in accordance with the measures in force which implement Council Directive 71/316/EEC(6) as amended by Council Directives 72/427/EEC(7), 83/575/EEC(8), 87/354/EEC(9), 87/355/EEC(10) and 88/665/EEC(11).

(1)

S.I. 1986/1682 as amended by S.I.1986/2109, S.I.1994/1851, S.I. 1996/2636.

(2)

S.I. 1988/186 as amended by S.I. 1988/296 and S.I. 1988/1128

(3)

OJ No. L335, 5.12.73, p.56. (repealed by Directive 2004/22/EC (OJ No. L135, 30.4.04, p.1).

(4)

OJ No. L209, 29.7.78, p. 8.

(5)

OJ No. L054, 23.2.85, p.29.

(6)

OJ No. L202, 6.09.71, p.1, OJ/SE 1971(II) p.707.

(7)

OJ No. L291, 28.12.72, p.156, OJ/SE 1972, 28-30 Dec., p.71.

(8)

OJ No. L332, 28.11.83, p.43.

(9)

OJ No. L192, 11.7.87, p.43.

(10)

OJ No. L192, 11.7.87, p.46.

(11)

OJ No. L382, 31.12.88, p.42.