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Measuring Equipment (Liquid Fuel and Lubricants) Regulations (Northern Ireland) 1998

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Powers and duties of inspector regarding obliteration of stamps

21.—(1) Subject to paragraph (2), an inspector shall obliterate the stamp on any measuring equipment which—

(a)fails upon testing to fall within the prescribed limits of error in relation to obliteration of the stamp set out in Table 1 or 2 in the Schedule as appropriate to the case; or

(b)fails to comply with any other appropriate requirement of these Regulations.

(2) Where any measuring equipment does not fully comply with the requirements of these Regulations, but the nature or degree of the non-compliance is not in the inspector’s opinion such as to require the immediate obliteration of the stamp, the inspector—

(a)shall give to the proprietor or person in charge of the equipment a notice calling on him to have the equipment corrected within a stated period, not exceeding 28 days; and

(b)shall obliterate the stamp if the correction has not been made within the stated period.

(3) Subject to paragraph (6), an inspector shall obliterate the stamp on any measuring equipment which has, since it was last stamped, had any alteration or addition made to it such that it could not be passed as fit for use for trade under regulation 17.

(4) Subject to paragraphs (5) and (6), where any measuring equipment has, since it was last stamped, been the subject of any adjustment, alteration, addition, repair or replacement which could have affected its accuracy or function, the inspector may obliterate the stamp on that equipment.

(5) Where a component of any measuring equipment, or any ancillary equipment associated with it or any other equipment physically or otherwise connected to it or any component thereof—

(a)is removed and not replaced, the inspector shall not obliterate the stamp under paragraph (4) if he is satisfied that the removal has not significantly affected the accuracy or function of the measuring equipment; or

(b)is replaced, the inspector shall not obliterate the stamp under paragraph (4) if he is satisfied that—

(i)the new component or ancillary or connected equipment is in all material respects the same as that which it replaces; and

(ii)the replacement has not significantly affected the accuracy or function of the measuring equipment.

(6) In the case of any measuring equipment passed as fit for use for trade and stamped pursuant to paragraphs (1)(b) or (2)(b) of regulation 10, an inspector shall not obliterate the stamp under paragraph (3) or (4) by reason only that an addition has been made to it solely for the purposes of installation of the equipment at the place at which it is used.

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