Measuring Equipment (Capacity Measures) Regulations (Northern Ireland) 1998

Explanatory Note

(This note is not part of the Regulations.)

The Regulations prescribe, for the purposes of the Weights and Measures (Northern Ireland) Order 1981 (“the Order”) certain dry and liquid capacity measures for use for trade. The Regulations replace Parts III and IV of the Weights and Measures Regulations (Northern Ireland) 1967, (as amended) and cover all capacity measures other than—

(i) those for the purposes of measuring and serving intoxicating liquor for consumption on the premises at which it is sold, to which the Capacity Serving Measures (Intoxicating Liquor) Regulations (Northern Ireland) 1993 apply, or

(ii) those for use only for making up or checking packages (in accordance with Article 31(9) and (10)(a) of the Order) which are specified in paragraph 4 of Schedule 4 to the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 1990, or

(iii) those which have previously contained a cosmetic product and are supplied by the customer for use in retail transactions in the same cosmetic product.

The Regulations apply to dispensing measures for pharmaceutical purposes (formerly called apothecaries' measures).

The effect of prescription is to make it unlawful to use these capacity measures for trade purposes unless they have been tested, passed as fit for such use and stamped by an inspector of weights and measures. The Regulations make simplified provision about—

(a) the materials and principles of construction of capacity measures (regulations 4 to 6);

(b) their purpose and manner of use (regulation 7);

(c) their testing for conformity with the nominal capacity of the whole measure and those of its subdivisions, within certain prescribed limits of error (regulations 8 to 15); and

(d) their being passed as fit for use for trade and stamped, and the obliteration of stamps (regulations 16 to 18).

The Regulations make the following changes of substance—

(a) a requirement has been introduced to ensure that a buyer of intoxicating liquor, which is transferred from a capacity measure to another container, should have a clear and unobstructed view of the measurement and the transfer (regulation 7(c));

(b) provision is made for the testing of dispensing measures for pharmaceutical purposes by means of a peristaltic pump dispenser (regulation 11(1)(c));

(c) provision is made for testing based on the results of testing a group of measures of between 500 and 150,000 in number (regulation 12);

(d) to avoid duplicate testing of capacity measures imported from other member States of the European Communities or a state of the European Economic Area, by allowing weights and measures inspectors testing the fitness of such measures for use for trade to accept test reports and results from approved bodies in those States (regulations 13 and 16);

(e) dispensing measures for pharmaceutical purposes are now largely dealt with by British Standards (BS) and the relevant BS is referred to in relation to their constructional requirements (regulation 6(2)) and limits of error (regulation 15);

(f) the permissible limits of error are amended and are now in excess and in deficiency (formerly in excess only) (regulation 15 and Schedule 2); and

(g) the requirements relating to the placing of the line on line measures are amended (regulation 16(5)).

Contravention of regulations 2(2) and 7 is an offence under Article 13(1) of the Order. It is also an offence under Article 9(2) of the Order for a person to use for trade or have in his possession for such use any capacity measure prescribed by regulation 3 which has not been passed as fit for such use and which does not bear a stamp indicating that it has been so passed which remains undefaced otherwise than by reason of fair wear and tear. The penalty on summary conviction for all these offences is a fine not exceeding level 3 on the standard scale (currently £1,000).

Copies of British Standards (see regulations 2(1), 6(2), 11, 12, 13, 15 and (16) can be obtained from any of the sales outlets operated by the British Standards Institution (BSI); any bookshop of the Stationery Office; or by post from the BSI at Linford Wood, Milton Keynes MK14 6LE.

In Great Britain the corresponding Regulations are the Measuring Equipment (Capacity Measures and Testing Equipment) Regulations 1995 (S.I. 1995/735). The National Weights and Measures Laboratory has prepared a compliance cost assessment in relation to those Regulations and a copy of that assessment together with the Northern Ireland Supplement, prepared by the Department of Economic Development, is held at Trading Standards Branch, Department of Economic Development, 176 Newtownbreda Road, Belfast BT8 6QS from where copies may be obtained on request.

These Regulations have been notified to the European Commission pursuant to Council Directive 83/189/EEC (O.J. No. L109, 26.4.83, p. 8) as amended by Council Directive 88/182/EEC (O.J. No. L81, 26.3.88, p. 75) and European Parliament and Council Directive 94/10/EEC (O.J. No. L100, 19.4.94, p. 30) which lays down a procedure for the provision of information in the field of technical standards and regulations.