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

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Statutory Rules of Northern Ireland

2006 No. 5

WEIGHTS AND MEASURES

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

Made

13th January 2006

Coming into operation

13th February 2006

The Department of Enterprise, Trade and Investment(1), makes the following Regulations in exercise of the powers conferred by Articles 9(1) and (3), 10(6) and 13(1) of the Weights and Measures (Northern Ireland) Order 1981(2) and now vested in it(3):

PART IGENERAL

Citation, commencement and revocation

1.—(1) These Regulations may be cited as the Weighing Equipment (Non-automatic Weighing Machines) Regulations (Northern Ireland) 2006 and shall come into operation on 13th February 2006.

(2) The Regulations specified in Schedule 4 are hereby revoked.

Interpretation

2.—(1) In these Regulations—

“the 1981 Order” means the Weights and Measures (Northern Ireland) Order 1981;

“accelerating machine” means a machine which provides an indication by switching from one state of rest to the other;

“accuracy classification” means classification as a Class I, Class II, Class III or Class IIII machine in accordance with the provisions of Schedule 1;

“additive tare device” means a tare device which does not intrude upon any of the weighing ranges of the weight indicating and printing devices with which it is associated;

“analogue” means capable of assigning any value or position within a continuous range;

“approved minimum load” means the minimum load which a machine is authorised to weigh;

“approved pattern” means a pattern in respect of which a certificate of approval granted or deemed to have been granted under Article 10 of the 1981 Order is in operation;

“automatic catchweight weighing machine” means an automatic weighing machine which determines, but does not regulate, the mass of individual items but does not include—

(a)

an automatic checkweighing machine, that is to say, a machine which subdivides articles the mass of which varies on either side of a predetermined value, or

(b)

an automatic weight grading machine, that is to say, a machine which subdivides articles of different mass for which there is no predetermined nominal mass;

“automatic weighing machine” means weighing equipment that includes a machine which accomplishes a weighing operation without intervention by an operator and which sets in motion an automatic process characteristic of the machine;

“automatic zero tracking device” means a device which is designed to correct small, slow changes within the zero setting range of the machine;

“ballast” means any of the materials to which the expression ballast applies in Schedule 4 to the 1981 Order;

“certificate of approval” means a certificate of approval of a pattern of weighing equipment granted or renewed by the Department under Article 10 or 11 of the 1981 Order or any instrument having effect under Article 11(5) of the 1981 Order as if it were a certificate of approval so granted on 4th April 1979 or a certificate of approval of a pattern of weighing equipment deemed under Article 10(8) of the 1981 Order to have been granted and published under the said Article 10;

“counting machine” means a machine which, by weighing articles of uniform size and composition—

(a)

determines the number of such articles placed on or removed from its load receptor, or

(b)

detects when a pre-determined number of such articles have been placed on or removed from its load receptor;

“Department” means the Department of Enterprise, Trade and Investment;

“device for interpolation of reading” means a device which subdivides without special adjustment the weight scale of an indicating device;

“digital” means capable of assigning only certain discrete values or positions within a continuous range by a series of discontinuous steps;

“first part of the range” means that part of the weighing range defined, in verification scale intervals according to the accuracy classification of the machine, by the Table in Schedule 3;

“graduated” means having its operating range subdivided into one or more continuous series of scale intervals;

“level indicating device” means a device which indicates when the structure to which it is attached is tilted away from its correct operating position;

“live part” means a part of a machine which, when a force is applied to it, could cause an alteration of the indicated or printed value;

“load receptor” means a part of a machine on which loads are placed for the purpose of their being weighed;

“locking device” means a device which engages a live part or parts of a machine to prevent relative movement between live parts and the frame or casing of the machine;

“mark of EEC initial verification” means the mark described in paragraph 5 of Schedule 1 to the Measuring Instruments (EEC Requirements) Regulations 1988(4);

“maximum capacity” means the greatest load which a weight indicating or printing device is constructed to indicate or print, as the case may be, when all associated tare devices are set to zero;

“maximum load” means the sum of the maximum capacity plus the maximum of any additive tare;

“metrological characteristics” means those operational characteristics of a machine which are evaluated during testing of the machine in accordance with the appropriate provisions of regulation 37 and Schedule 2;

“multiple weighing” means determining the mass of a load by totalising the results of more than one static weighing operation during each of which the load is only partially supported by the load receptor;

“non-automatic weighing machine” means weighing equipment that includes a machine which accomplishes a weighing operation and which requires the intervention of an operator during the weighing process, especially to deposit loads on, or remove loads from, the load receptor and also to determine the result of the weighing process, and for the purposes of these Regulations shall include an automatic catchweight weighing machine;

“non-self indicating machine” means a machine in which the position of equilibrium is obtained entirely by the intervention of an operator;

“notice of examination” means a notice of examination caused to be published by the Secretary of State or as the case may be by the Department giving particulars of a pattern in respect of which a certificate of approval has been granted;

“prescribed limits of error” has the meaning set out in regulation 38;

“published particulars” means, in relation to an approved pattern, the particulars of the approved pattern which are published under section 12 of the Weights and Measures Act 1985(5) or Article 10 of the 1981 Order;

“range of self indication” means the range within which the position of equilibrium is obtained without the intervention of the operator;

“relieving device” means a device which can prevent forces applied to a load or weight receptor being transmitted to certain delicate bearings;

“rider” means a small poise which can be moved along a graduated bar or beam;

“rounding error” means the difference between the indicated or printed digital value and the result the machine would give if it were analogue;

“scale interval” means the value, expressed in units of measurement of mass, equal to—

(a)

in the case of a machine with an analogue indicating device, the smallest subdivision of the scale; or

(b)

in the case of a machine with a digital indicating or printing device, the smallest difference between two consecutive indicated or printed values;

“self indicating machine” means a machine in which the position of equilibrium is obtained without the intervention of the operator;

“self service weighing machine” means a non-automatic weighing machine which, in accordance with Articles 5(1) and (3)(a) of the 1981 Order, is made available for use for trade by any prospective buyer of goods so that the weight and price of goods selected by him is determined and made known to him;

“semi-self indicating machine” means a machine in which the operator only intervenes above a certain range of self indication or printing, in order to re-establish the function of self indication or printing;

“the stamp” means the stamp prescribed by the Weights and Measures (Prescribed Stamp) Regulations (Northern Ireland) 1969(6);

“subtractive tare device” means a tare device which intrudes on the weighing range of any weight indicating and printing device with which it is associated;

“tare device” means a device for—

(a)

resetting the weight indicating and weight printing devices to zero when a load is on the associated load receptor, or

(b)

subtracting a preset value of weight from the weight indicating or printing device;

“vehicle check weighing machine” means a non-automatic weighing machine which, in accordance with Article 5(3)(a) of the 1981 Order, is made available for use for trade only for the purpose of checking compliance with statutory provisions regarding the weight and axle weight of road vehicles;

“verification scale interval” means the metrologically significant value of the scale interval for the verification of the machine which is determined from Schedule 1;

“weighing mode” means one of the number of ways of operating a machine which is necessary to bring into use each of its indicating, printing and taring devices, load receptors and combinations of load receptors, weighing ranges and values of verification scale interval;

“weighing range” means the range between the maximum capacity and—

(a)

the approved minimum load, or

(b)

in a case where there is no approved minimum load marking, the lowest value of weight which can be indicated or printed;

“weight indicating device” means a device which is not a weight printing device and which indicates the weight of a load on an associated load receptor of the machine;

“weight printing device” is a device which can print the weight of a load which is on an associated load receptor of the machine;

“weight receptor”, in relation to a machine where equilibrium is obtained totally or partially by means of weights, means a live part of the machine on which the weights are placed for a weighing operation; and

“zero setting device” means a device by which a machine may be balanced, set to indicate zero, or set to a datum position when the load receptor is empty.

(2) The abbreviations of, and symbols for, units of measurement used in these Regulations refer to the relevant units as follows—

Hundredweightcwt
Quarterqr
ounce troyoz tr
Dramdr
Graingr
Tonnet
Kilogramkg, kilog
Gramg, grm
carat (metric)CM, ct
Milligrammg
Millimetremm

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(7) 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(8) apply.

Purposes of use for trade

4.—(1) A non-automatic weighing machine marked with a weighing range may be used for trade for determining the weight of any item by ascertaining the difference between two weights (both of which fall within the weighing range), that is to say, the weight of that item and another item or items and the weight of that other or those other items only.

(2) Where a non-automatic weighing machine is marked with a weighing range, save in accordance with paragraph (1), a person shall not use that machine for trade for determining a weight outside that range in relation—

(a)to, or to articles made from, gold, silver or other precious metals, including gold or silver thread or fringe;

(b)to precious stones or pearls; or

(c)to drugs or other pharmaceutical products.

(3) A person shall not use for trade for the purpose of determining postal tariffs a machine having a digital weight indicating or printing device, unless—

(a)each of its weight indicating or printing devices has a scale interval of 1 g or less; or

(b)in accordance with the published particulars of the approved pattern, the machine is marked “For determining postal tariffs only”.

(4) A person shall not use for trade a machine carrying a marking required by the published particulars of the approved pattern or these Regulations for a purpose which does not accord with the marking.

(5) A person shall not use for trade any non-automatic weighing machine other than a machine of accuracy classification as a Class I or Class II machine in any transaction—

(a)in, or in articles made from, gold, silver or other precious metals, including gold or silver thread or fringe;

(b)in precious stones or pearls.

(6) A person shall not use a Class IIII non-automatic weighing machine for trade for any purpose—

(a)other than—

(i)for weighing ballast; or

(ii)for weighing other goods, in accordance with the published particulars of the approved pattern; or

(b)unless it is of a type described in paragraph 16(a) in Part V of Schedule 1 and first stamped before 1st August 1991, or in paragraph 16(b) or (d) in that Part for machines which cannot be classified as Class III except in the case of counter machines of the type known as “common form” and made before 1st August 1991 in accordance with the provisions of the Weights and Measures Regulations (Northern Ireland) 1967(9).

(7) A person shall not use for trade any non-automatic weighing machine for the purpose of multiple weighing.

(8) A person shall not use a Class I or Class II machine, fitted with a rider, a device for interpolation of reading or an indicating device on which the last figure is clearly differentiated from the other figures, for direct trade with the public.

(9) A person shall not have a self service weighing machine available for trade unless it complies with the requirements of these Regulations.

PART IIMATERIALS, PRINCIPLES OF CONSTRUCTION AND MARKING OF NON-AUTOMATIC WEIGHING MACHINES

Parts of non-automatic weighing machines

5.—(1) Where a non-automatic weighing machine has interchangeable or reversible parts, the interchange or reversal thereof shall not affect its metrological characteristics.

(2) The constituent parts of a non-automatic weighing machine shall be sufficiently strong to withstand the wear and tear of ordinary use in trade.

Monetary indications

6.—(1) A non-automatic weighing machine shall not have monetary indications in units other than decimal currency units.

(2) A price computing non-automatic weighing machine shall not—

(a)indicate in digital form during a weighing operation a part of a penny in the amount of the price to be paid by the buyer; or

(b)indicate the price in digital form and have any monetary indications in units of a part of a penny in vulgar fraction form which are capable of being used during a weighing operation to calculate the price.

Manner of construction of the load receptor

7.  The load receptor of a non-automatic weighing machine shall be so constructed as to provide for easy and practicable weighings for all test purposes not exceeding the maximum capacity of that machine, unless otherwise specified in the published particulars of the approved pattern.

Zero setting device

8.  Where a non-automatic weighing machine is fitted with a zero setting device designed to compensate for the wear and tear of ordinary use in trade, the device shall have a total range not exceeding 4 per cent. of the maximum capacity of that machine, or as specified in the published particulars of the approved pattern, as the case may be.

Accuracy classification

9.  Subject to regulation 10, every non-automatic weighing machine shall comply with the requirements in Schedule 1 for accuracy classification.

Verification scale interval

10.  In the case of a non-automatic weighing machine (being a non-graduated Class II machine with a maximum capacity of not less than 25 g and not more than 1 kg) which is used for trade in any transaction by retail in drugs or other pharmaceutical products, the verification scale interval “e” in Table 2 of Schedule 1 shall be within the range Max/2000 to Max/20000 inclusive.

Adjustable levelling and level indicating devices

11.—(1) Subject to paragraph (2), every non-automatic weighing machine shall be fitted with an adjustable levelling device or devices and one or more level indicating devices to cover all directions.

(2) Nothing in paragraph (1) shall apply to a machine which is permanently installed, freely suspended, or is a Class II, Class III or Class IIII machine which meets the requirements of paragraph 16 in Part III of Schedule 2 in relation to machines without level indicating devices.

Approved patterns

12.—(1) Subject to paragraphs (2) and (3), every non-automatic weighing machine shall be made in accordance with a pattern in respect of which a certificate of approval is in operation.

(2) The marking of a machine in accordance with the requirements of regulation 16(2) after it has been made in accordance with such a pattern shall not in itself be a breach of paragraph (1).

(3) Nothing in paragraph (1) shall apply to a machine of the type known as “common form” which was first stamped before 1st August 1991.

Drainage

13.  Where a non-automatic weighing machine is installed in a pit which forms the base and sides of the machine, the pit shall be provided with adequate drainage.

Approved minimum load

14.—(1) Subject to paragraphs (2) and (3), the approved minimum load for a non-automatic weighing machine shall be that specified in Schedule 1.

(2) Nothing in paragraph (1) shall apply in the case of a machine in relation to which the published particulars of the approved pattern specify the amount of the minimum load appropriate to that particular pattern.

(3) Notwithstanding paragraph (1)—

(a)in the case of a Class II, III or IIII non-automatic weighing machine used for the purpose of determining postal or other tariffs, the approved minimum load (as indicated in relation to the machine in Table 2, 3 or 4 in Schedule 1, as the case may require) shall be not less than five times the scale interval “d” (for a graduated machine) or five times the verification scale interval “e” (for a non-graduated machine) specified in relation to the machine in that Table; and

(b)in the case of a non-automatic weighing machine which is balanced otherwise than at zero, the approved minimum load shall be determined by reference to the balanced position.

Scale intervals

15.—(1) The graduated weight indicating, printing and tare devices of any non-automatic weighing machine first passed as fit for use for trade on or after 1st August 1991 shall—

(a)have scale intervals in the following form—

  • 1 × 10n, 2 × 10n, or 5 × 10n, the index n being a positive or a negative whole number or zero; and

    (b)

    subject to paragraph (2), give weighing results which comply with the principle of reading by simple juxtaposition.

(2) The requirements of paragraph (1)(b) shall not apply—

(a)to semi-self indicating machines, made in accordance with an approved pattern, having mechanical weight indicating devices with a range of self indication of 500 g; or

(b)to that part of any weighing result which is obtained by adding the values of weights or poises.

Relevant markings

16.—(1) Every non-automatic weighing machine first passed as fit for use for trade before 1st February 1992 shall be legibly and durably marked either as in paragraph (2) or with—

(a)the name of the maker or supplier; and

(b)either—

(i)the maximum capacity of the weight indicating and printing devices, or

(ii)the purported capacity, where the maximum load exceeds the maximum capacity.

(2) Every non-automatic weighing machine which is passed as fit for use for trade on or after 1st February 1992 shall be legibly and durably marked with—

(a)the name of the maker or supplier;

,

,

, or

(the accuracy classification of the machine, in accordance with the requirements of Schedule 1);

(c)“Max …” (the maximum capacity of the weight indicating and weight printing devices);

(d)“Min …” (the approved minimum load);

(e)“e = …” (the verification scale interval associated with the weight indicating, printing and tare devices, which is determined by the requirements in Schedule 1);

(f)where relevant—

(i)the number of the certificate of approval or of the notice of examination in respect of the pattern in accordance with which the machine is made, preceded by the words “Certification No.”, “Cert. No.” or “Notice No.”, as the case may be;

(ii)“T = − …” if different from “Max …” or “T = + …” (the maximum range of the subtractive or additive tare device respectively);

(iii)“d = …” and “dT = …” if different from “e = …” (the scale intervals of the graduated weight indicating and/or printing devices and graduated tare devices respectively);

(iv)in the case of a machine to which regulation 14(3) applies, “Min …” (where “ …” is the approved minimum load for the purpose of determining postal or other tariffs) and the words “for determining … tariffs” (where “ …” is the specific tariff for which the machine is used).

Units of measurement

17.—(1) Where units of measurement are marked on non-automatic weighing machines first passed as fit for use for trade—

(a)before 27th April 1978, they shall be marked, in the case of the dram, in full or by means of the abbreviation, dr, only;

(b)before 1st December 1980, they shall be marked in full though not in pounds or ounces or, except in the case of the ton or stone, by means of one of the following abbreviations or symbols only—

  • cwt, qr, oz tr, gr, t, kg, kilog, g, grm, CM, mg;

(c)on or after those dates, they shall be marked in metric units or in ounce troy, in full or by means of one of the following abbreviations or symbols only—

  • oz tr, t, kg, g, CM, mg;

(d)on and after 30th December 1992, they shall be marked in metric units or in ounce troy, in full or by means of one of the following abbreviations or symbols only—

  • oz tr, t, kg, g, CM, ct, mg.

(2) Nothing in paragraph (1) shall authorise the use for trade of the ton, hundredweight, quarter, stone or grain in any circumstances, other than those permitted by regulations 10(2) and (4) of the Units of Measurement Regulations 1980(10) or of the dram in any circumstances other than those permitted by regulations 4(2) and (3) of the Units of Measurement Regulations 1978(11).

Supplementary indications

18.  Where a weight indicating device of a non-automatic weighing machine indicates the weight of a load in metric units of measurement that indication may also be given by means of a supplementary indication up to and including 31st December 2009.

Riders or other devices

19.  Only a non-automatic weighing machine of Class I or Class II shall be provided with—

(a)a rider;

(b)a device for interpolation of reading; or

(c)an indicating device on which the last figure is clearly differentiated from the other figures.

Unit price indications

20.  Where a non-automatic weighing machine shows price expressed as an amount of money per unit of weight, such unit of weight shall be expressed per hundred grams, per kilogram or per tonne.

Customer check weighing and self service machines

21.—(1) Every non-automatic weighing machine which is in use for trade for operation by a prospective buyer for the purpose of making known to him the weight and where appropriate the price of goods selected by him shall—

(a)be a self indicating weighing machine; and

(b)be specified as being for such use in the published particulars of the approved pattern in the case of a weighing machine having a digital indicating device.

(2) In addition, any machine which is made available as a self service weighing machine shall—

(a)be a price computing weighing machine having digital displays of weight, unit price and price to pay, together with an associated label printer;

(b)have any bag provided for the goods selected by the prospective buyer such that the goods are readily visible through it; and

(c)only be used in connection with the sale of different commodities, other than commodities having the same unit price, provided that they are readily distinguishable from each other.

Provision of sealing devices

22.  Every non-automatic weighing machine shall be provided with—

(a)either:

(i)an irremovable plug or stud made of soft metal; or

(ii)in the case of a Class I machine a special plate permanently and irremovably attached to the base of the machine; or

(b)such sealing arrangements as may be provided for the stamp as set out in the certificate of approval or the notice of examination in respect of that pattern.

PART IIIMANNER OF ERECTION AND USE FOR TRADE

Restriction on use where level indicating devices are fitted

23.  Where a non-automatic weighing machine is fitted with one or more level indicating devices, a person shall not use the machine for trade unless each device indicates that it has been set to its reference position.

Restriction on use where temperature range is marked

24.  Where a non-automatic weighing machine is marked with a temperature range, a person shall not use the machine for trade in temperatures outside that range.

Manner of use

25.  Where a non-automatic weighing machine is marked with the manner of use, a person shall not use the machine for trade in a manner which does not accord with the marking.

Manner of erection where weight or other printing device is fitted

26.  Where a non-automatic weighing machine is fitted with a weight or any other printing device, the machine shall be so erected and used that the printing device, when used, produces a clear and durable printout.

Restriction on use when any live part is submerged in liquid

27.  A person shall not use for trade a non-automatic weighing machine when any live part is wholly or partly submerged in liquid, except as specified in the published particulars of the approved pattern.

Manner of erection where load is stationery relative to load receptor

28.  Every non-automatic weighing machine shall be erected and used in such a manner that, during a weighing operation, the load being weighed is stationary relative to the load receptor and supported only by the load receptor.

Accessibility

29.  Except as specified in the published particulars of the approved pattern, every non-automatic weighing machine shall be erected in such a manner that the operator can, notwithstanding the nature of the machine or its surroundings, readily take up a single position from which he can—

(a)see, directly or with the aid of mirrors, closed-circuit television or other suitable permanently installed facilities, the whole of the unladen load receptor;

(b)operate the weighing machine’s controls; and

(c)obtain a weight reading from the weighing machine.

Use of weights to determine the value of load in metric units

30.—(1) Subject to paragraph (2), every Class I or Class II non-automatic weighing machine, used in association with a weight or weights to determine the value of any load in terms of metric units of mass other than carat (metric) units, shall be used for trade for such purpose only in association with weights which bear the mark of EEC initial verification in accordance with—

(a)the provisions of Council Directive No. 74/148/EEC(12) on above-medium accuracy weights in the case of Class II machines; or

(b)the provisions of the said Directive except for those provisions relating to weights of Class M1 in the case of Class I machines.

(2) The requirements of this regulation shall not apply to any non-automatic weighing machine for use for trade in any transaction by retail in drugs or other pharmaceutical products.

Balance or zero setting

31.—(1) Subject to paragraph (2), every non-automatic weighing machine shall be properly balanced or set to zero immediately prior to use.

(2) Paragraph (1) shall not apply in the case of a machine of an approved pattern if, in the published particulars thereof, it is described as not being so constructed as to balance when unloaded.

PART IVTESTING

Pre-testing requirements

32.—(1) Every non-automatic weighing machine submitted for testing shall be completely assembled and in a clean condition.

(2) For the purposes of the performance by an inspector of his functions under the 1981 Order or these Regulations relating to inspection, testing, passing as fit for use for trade and stamping of any non-automatic weighing machine, a person submitting such a machine to an inspector or who an inspector has reasonable cause to believe has control of such a machine for use for trade shall, if requested, provide for the inspector’s use such material or items required by regulations 34 and 35 as the inspector may reasonably require, and any material or items so provided shall be returned to the person in question.

Permanent installations

33.  A non-automatic weighing machine which is to be permanently installed in the position in which it is to be used shall not be tested, passed as fit for use for trade and stamped unless it has been completely erected ready for use and installed in the position in which it is to be used.

Testing by use of weights or testing equipment

34.—(1) Every non-automatic weighing machine, where the maximum load does not exceed 5 tonnes, shall be tested by the use of weights as set out in the following Table—

Accuracy ClassificationWeights to be used
Class I and Class IINorthern Ireland local standard weights, Northern Ireland working standard weights which fall within the prescribed limits of error relating to the equivalent local standard weights, Northern Ireland test weights not greater than 20 kilograms which fall within the prescribed limits of error relating to the equivalent local standard weights or test weights greater than 20 kilograms which fall within 0.15 of the prescribed limits of error for the test weights in question

Class III and having more than 5,000

scale intervals

Northern Ireland local standard weights, Northern Ireland working standard weights, Northern Ireland test weights not greater than 20 kilograms, or test weights greater than 20 kilograms which fall within half the prescribed limits of error for the test weights in question

Class III and having no more than

5,000 scale intervals and Class IIII

Northern Ireland local standard weights, Northern Ireland working standard weights or Northern Ireland test weights

(2) Where the maximum load of a machine exceeds 5 tonnes, the test loads shall consist of a minimum of 5 tonnes of weights as set out in the Table in paragraph (1) and may consist of loose material for the remainder up to the maximum load.

(3) In this regulation “Northern Ireland local standard weights”, “Northern Ireland working standard weights” and “Northern Ireland test weights” shall be construed in accordance with the 1981 Order.

Operation by coin, currency note, credit card or other such device

35.  Every non-automatic weighing machine designed to be operated by means of a coin, currency note, credit card or other such device as specified in the published particulars of the approved pattern shall be tested by use of the coin, currency note, credit card or device as appropriate.

Non-automatic weighing machines imported from an EEA State

36.—(1) In relation to any non-automatic weighing machine imported into Northern Ireland from an EEA State, (whether directly or indirectly through Great Britain), subject to paragraph (4), an inspector shall not carry out any test in accordance with these Regulations if, together with the machine being imported, he is presented with the requisite documentation.

(2) In this regulation and in regulation 39(5)—

(a)“requisite documentation” means—

(i)the test report of an approved body that the machine which is the subject of that report has been tested on the same basis as those set out in these Regulations and stating which tests have been applied to it; and

(ii)the test results relating to those tests; and

(b)“EEA State” means a State which is a Contracting Party to the EEA Agreement and in this paragraph “the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.

(3) A body is an “approved body” for the purposes of paragraph (2) if it is a body in an EEA State which has the responsibility in that State for metrological control of non-automatic weighing machines or is a laboratory which has been accredited in an EEA State as being a body which conforms with the criteria set out in EN 45001(13).

(4) Nothing in these Regulations shall prevent an inspector testing in accordance with the foregoing provisions of this Part where he is not satisfied—

(a)as to the authenticity of the test report or the results presented to him; or

(b)that the test results presented to him are results which in fact relate to the machines being imported.

Other testing requirements

37.—(1) Subject to paragraph (2), every non-automatic weighing machine shall be tested in accordance with the appropriate testing procedures specified in Schedule 2 or, where appropriate, those specified in the published particulars of the approved pattern; provided that the procedures specified in paragraphs 15 and 16 of that Schedule shall not be carried out unless the inspector considers it necessary to do so having regard to the characteristics of the machine or to the particular circumstances.

(2) In the case of a machine marked with an approved minimum load, the limits of error specified in Schedule 3 shall apply for test loads of less than the amount of that load.

PART VSUPPLEMENTARY PROVISIONS

Prescribed limits of error

38.  The prescribed limits of error relating to non-automatic weighing machines shall be those set out in Schedule 3.

Passing as fit for use for trade

39.—(1) Subject to paragraphs (2) to (5), no non-automatic weighing machine shall be passed as fit for use for trade unless—

(a)it complies with all the appropriate requirements of these Regulations; and

(b)on testing, it falls within the prescribed limits of error.

(2) Notwithstanding paragraph (1)(a), a non-automatic weighing machine which was first passed as fit for use for trade before 1st August 1991 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.

(3) Notwithstanding paragraph (1) 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 1st August 1991 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 which would otherwise apply to it.

(4) Notwithstanding paragraph (1)(b), 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 August 1991 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.

(5) In the case of any non-automatic weighing machine imported from an EEA State, it shall not be passed as fit for use for trade unless—

(a)where the requisite documentation is presented in accordance with regulation 36, the test report recites and the test data confirm to the satisfaction of the inspector that on testing in the relevant EEA State it fell within the prescribed limits of error; and

(b)it complies with all the relevant requirements of these Regulations.

Stamping

40.—(1) The stamp shall be placed on the plug, stud or plate and on every sealing device referred to in regulation 22.

(2) A non-automatic weighing machine shall not be stamped in accordance with paragraph (1) if it bears any mark which, in the opinion of the inspector, might reasonably be mistaken for the stamp, or any statement or mark (other than an inspector’s stamp) which purports to be or, in the opinion of the inspector, might reasonably be mistaken for an expression of approval or guarantee of accuracy by any body or person.

Obliteration of stamps

41.  Stamps shall be obliterated by an inspector, in accordance with the requirements of these Regulations, by means of punches or pincers of suitable sizes of a six-pointed star design as shown in the following illustration—

Powers and duties of inspector in relation to obliteration of stamps

42.—(1) Subject to paragraphs (2) and (3), an inspector shall obliterate the stamp on any non-automatic weighing machine which—

(a)fails upon testing to fall within the prescribed limits of error in relation to obliteration of the stamp; or

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

(2) Except as provided by regulation 43, where any non-automatic weighing machine 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, he shall give to the proprietor or any person in control of the machine a notice calling on him to have the machine corrected within a stated period not exceeding 28 days, and shall obliterate the stamp if the correction has not been made within the stated period.

(3) Notwithstanding paragraph (1)(a), 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 August 1991 may remain in use provided that the error in excess or deficiency over the first part of the range is within or equal to two verification scale intervals.

Particular circumstances in which an inspector shall or may obliterate stamps

43.—(1) An inspector shall obliterate the stamp on any non-automatic weighing machine 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 39.

(2) Subject to paragraph (3), an inspector shall obliterate the stamp on any non-automatic weighing machine which has, since it was last stamped, been the subject of any adjustment, alteration, addition, repair or replacement which could, in the opinion of the inspector, have affected its accuracy or function.

(3) Where a machine has been subjected to one or other of the occurrences in paragraph (2) and the chief inspector of weights and measures has been furnished in writing with details of the occurrence, an inspector may obliterate the stamp.

Other circumstances in which an inspector may obliterate stamps

44.  An inspector may obliterate the stamp on any non-automatic weighing machine which—

(a)is in use for trade for a particular purpose and:

(i)which does not meet the requirements of regulation 4; or

(ii)for which purpose, in the opinion of the inspector, it is otherwise unsuitable; or

(b)is in use for trade in circumstances where the machine is subjected to any extraordinary environmental or operating conditions which, in the opinion of the inspector—

(i)prevent the machine operating consistently and correctly, or

(ii)are likely prematurely to degrade the metrological characteristics of the machine.

Consequences of obliteration of stamp

45.—(1) For the purpose of these Regulations, the obliteration of any one stamp on any non-automatic weighing machine shall be deemed to be the obliteration of all other stamps on that machine.

(2) Where the stamp on one non-automatic weighing machine forming part of an inter-connected system is obliterated, paragraph (1) shall not apply so as to prevent the system or any other machine in the system being used, provided that the integrity of the remainder of the system is unimpaired.

“Out of use” notice

46.  Where the inspector has obliterated a stamp on a non-automatic weighing machine which is made available for use by the public (whether on payment or otherwise) he may attach to the machine a notice bearing the words—

  • Out of use.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 13th January 2006.

L.S.

M. Bohill

A senior officer of the

Department of Enterprise, Trade and Investment

Regulation 9

SCHEDULE 1ACCURACY CLASSIFICATION OF NON-AUTOMATIC WEIGHING MACHINES

PART IGeneral

1.  Non-automatic weighing machines are divided into four classes of accuracy according to specifications set out in Parts II to V. The division depends on their characteristics as well as the provisions relating to maximum capacity, the lower limit of the minimum load, the number of scale intervals and the scale interval itself.

2.  Where self and semi-self indicating machines are provided with an indicating device on which the last figure is clearly differentiated from the other figures, the classification of the machines into accuracy classes, their number of scale intervals and their minimum load shall be determined by reference to the verification scale interval.

3.  In each weighing mode of a machine each of the tare, weight indicating and printing devices operable in that mode has an associated verification scale interval. In a different weighing mode the same devices may have different verification scale intervals. When testing a machine it is therefore necessary to determine the verification scale interval for each device in each of the weighing modes in which it is operable.

4.  A weight indicating or printing device which, in any single weighing mode, has its weighing range divided into parts, each part having a different scale interval, will also have a different verification scale interval for each part. When testing in a particular weighing mode the relevant verification scale intervals are those associated with those devices in that mode.

5.  Each verification scale interval is—

(a)marked on the machine in accordance with the published particulars of the approved pattern or, if there are no such markings,

(b)specified in the relevant Table in Parts II to V.

6.  The presence of a tare device or of a verification device on the machine does not affect the classification of the machine, which depends on its own characteristics. These devices are considered as belonging to the class of accuracy of the machine to which they are attached irrespective of their own characteristics.

7.  For machines provided with several weight indicating or printing devices, each of the devices—

(a)has its own minimum load, the value of which is determined from the appropriate Table in Parts II, III, IV or V, depending on its metrological characteristics; and

(b)has the same digital scale interval, which must be at most equal to the smallest of any analogue scale interval.

8.  For machines provided with graduated tare devices the smallest scale interval of the devices must be equal to the smallest scale interval of the machine to which it is fitted. The verification scale interval of these devices shall be equal to the smallest verification scale interval of the machine.

9.  For machines fitted with a graduated verification device the scale interval of such an incorporated device must be at most equal to one-fifth of the scale interval of the machine.

PART IIMachines Designated Class I

10.  A machine made in accordance with an approved pattern and which is or could be marked

is a Class I machine.

11.  The specifications for non-graduated and graduated Class I machines are given in Table 1.

Table 1

Maximum capacity “Max”Lower limit of the minimum load “Min”Scale interval “d”Number of scale intervals “n”Verification scale interval “e”
Non-graduated machines
100 mg ≤ Max10 e0.1 mg
≤ 1 g
1 g ≤ Max50 eMax
<10 g ... ... ... ...
10 000
10 g ≤ Max50 e1 mg
<100 g
100 g ≤ Max50 eMax
... ... ... ...
100 000
Graduated machines
0.5 mg ≤ Maxdd ≤ 0.005 mg10 ≤ nd
1 mg ≤ Max10 d0.01 mg ≤ d100 ≤ nd
≤ 0.05 mg
10 mg ≤ Max50 d0.1 mg ≤ d100 ≤ nd
≤ 0.5 mg
100 g ≤ Max50 d1 mg ≤ d100 000 ≤ nd

Notes

1.  When a machine is provided with a rider its verification scale interval shall be the smaller of the following—

(i)the verification scale interval of the machine not taking into account the rider, or

(ii)the scale interval of the rider device.

2.  When graduated machines of the self and semi-self indicating type are provided with a device for interpolation of reading, this shall not be taken into account when determining the verification scale interval of the machine.

3.  When graduated machines of the self or semi-self indicating type are provided with an indicating device on which the last figure is clearly differentiated from the other figures, the verification scale interval shall correspond to the last but one figure of the indication.

4.  In the case of machines where the weight indicating or printing is in carat (metric) units or ounces troy the relevant capacity and verification scale interval shall be the amounts in carat (metric) or ounces troy respectively which are equivalent to those specified in the Table in terms of mg, g and kg.

5.  Where the equivalent metric value for an ounce troy scale interval falls between ranges then the value shall be considered as belonging to the lower range.

PART IIIMachines Designated Class II

12.  A machine which is:

(a)made in accordance with an approved pattern and which is or could be marked

, or

(b)first stamped before 1st November 1991 and marked “Class B” in accordance with the provisions for beam scales in the Weights and Measures Regulations (Northern Ireland) 1967,

is a Class II machine.

13.  The specifications for non-graduated and graduated Class II machines are given in Table 2.

Table 2

Maximum capacity “Max”Lower limit of the minimum load “Min”Scale interval “d”Number of scale intervals “n”Verification scale interval “e”
Non-graduated machines
1 g ≤ Max <5 g10 eMax
... ... ... ...
1 000
5 g ≤ Max10 e5 mg
<100 g
100 g ≤ Max10 eMax
<200 g ... ... ... ...
20 000
200 g ≤ Max50 eMax
... ... ... ...
20 000
Graduated machines
Non-self indicating machines
1 g ≤ Max <50 g10 d1 mg ≤ d ≤ 5 mg200 ≤ n <50 000d
10 g ≤ Max <50 g50 d10 mg ≤ d ≤ 50 mg1 000 ≤ n < 5 0005 mg
50 g ≤ Max ≤500 g10 d1 mg ≤ d ≤ 5 mg10 000 ≤ n ≤ 100 000d
50 g ≤ Max <5 kg50 d10 mg ≤ d ≤ 500 mg1 000 ≤ n < 10 000

Max

10 000
100 g ≤ Max ≤ 50 kg50 d10 mg ≤ d ≤ 500 mg10 000 ≤ n ≤ 100 000d
5 kg ≤ Max50 d1 g ≤ d5 000 ≤ n <10 000

Max

10 000
10 kg ≤ Max50 d1 g ≤ d10 000 ≤ n ≤ 100 000d
Self and semi-self indicating machines
1 g ≤ Max ≤ 500 g10 d1 mg ≤ d ≤ 5 mg200 ≤ n ≤ 100 000d
10 g ≤ Max ≤ 50 kg50 d10 mg ≤ d ≤ 500 mg1 000 ≤ n ≤ 100 000d
5 kg ≤ Max50 d1 g ≤ d5 000 ≤ n ≤ 100 000d

Notes

1.  When a machine is provided with a rider its verification scale interval shall be the smaller of the following—

(i)the verification scale interval of the machine not taking into account the rider, or

(ii)the scale interval of the rider device.

2.  When graduated self or semi-self indicating machines are provided with a device for interpolation of reading, this shall not be taken into account when determining the verification scale interval of the machine.

3.  When graduated self or semi-self indicating machines are provided with an indicating device on which the last figure is clearly differentiated from the other figures, the verification scale interval shall correspond to the last but one figure of the indication.

4.  Machines of a maximum capacity equal to or greater than 1 kg of an actual scale interval of 100 mg and of a verification scale interval of 1 g may belong to this class of machine, provided that the last figure is clearly differentiated from the other figures.

5.  In the case of machines where the weight indicating or printing is in carat (metric) units or ounces troy the relevant capacity and verification scale interval shall be the amounts in carat (metric) or ounces troy respectively which are equivalent to those specified in the Table in terms of mg, g and kg.

6.  Where the equivalent metric value for an ounce troy scale interval falls between ranges then the value shall be considered as belonging to the lower range.

PART IVMachines Designated Class III

14.  A machine which is—

(a)made in accordance with an approved pattern and which is or could be marked

, or

(b)first stamped before 1st November 1991 and marked “Class C” in accordance with the provisions for beam scales in the Weights and Measures Regulations (Northern Ireland) 1967, or

(c)of a type referred to as “common form” and which was first stamped before 1st August 1991,

is a Class III machine.

15.  The specifications for non-graduated and graduated Class III machines are given in Table 3.

Table 3

Maximum capacity “Max”Lower limit of the minimum load “Min”Scale interval “d”Number of scale intervals “n”Verification scale interval “e”
Non-graduated machines
20 g ≤ Max20 e0.1 g
<100 g
100 g ≤ Max20 eMax
<1 kg ... ... ... ...
1 000
1 kg ≤ Max20 e1 g
<2 kg
2 kg ≤ Max20 eMax
... ... ... ...
2 000
Graduated machines
Non-self indicating machines
20 g ≤ Max <100 g10 d0.1 g ≤ d ≤ 0.2 g200 ≤ n <1 0000.1 g
100 g ≤ Max <1 kg20 d0.2 g ≤ d ≤1 g200 ≤ n<1 000

Max

1 000
100 g ≤ Max ≤ 10 kg20 d0.1 g ≤ d ≤1 g1 000 ≤ n ≤ 10 000d
400 g ≤ Max <5 kg20 d2 g ≤ d ≤ 5 g200 ≤ n <1 000

Max

1 000
2 kg ≤ Max ≤ 50 kg20 d2 g ≤ d ≤ 5 g1 000 ≤ n ≤ 10 000d
5 kg ≤ Max <10 t20 d10 g ≤ d ≤ 10 kg500 ≤ n <1 000

Max

1 000
10 kg ≤ Max ≤ 100 t20 d10 g ≤ d ≤10 kg1 000 ≤ n ≤10 000d
15 t ≤ Max <100 t20 d20 kg ≤ d ≤ 50 kg750 ≤ n <1 000

Max

1 000
15 t ≤ Max <100 t10 d100 kg750 ≤ n <1 000

Max

1 000
20 t ≤ Max ≤ 1 000 t20 d20 kg ≤ d ≤ 50 kg1 000 ≤ n ≤ 10 000d
20 t ≤ Max ≤ 1 000 t10 d100 kg1 000 ≤ n ≤ 10 000d
150 t ≤ Max10 d200 kg ≤ d750 ≤ n < 1 000

Max

1 000
200 t ≤ Max10 d200 kg ≤ d1 000 ≤ n ≤ 10 000d
Self and semi- self indicating machines
20 g ≤ Max ≤ 10 kg10 d0.1 g ≤ d ≤ 1 g50 ≤ n ≤ 10 000d
400 g ≤ Max ≤ 50 kg20 d2 g ≤ d ≤ 5 g200 ≤ n ≤ 10 000d
5 kg ≤ Max ≤ 200 kg20 d10 g ≤ d ≤ 20 g500 ≤ n ≤ 10 000d
25 kg ≤ Max ≤ 100 t20 d50 g ≤ d ≤ 10 kg500 ≤ n ≤ 10 000d
15 t ≤ Max ≤ 1 000 t20 d20 kg ≤ d ≤ 50 kg750 ≤ n ≤10 000d
15 t ≤ Max ≤ 1 000 t10 d100 kg750 ≤ n ≤ 10 000d
150 t < Max10 d200 kg ≤ d750 ≤ n ≤ 10 000d

PART VMachines Designated Class IIII

16.  A machine which is—

(a)made in accordance with an approved pattern and which is or could be marked

, or

(b)first stamped before 1st August 1991 in accordance with the provisions for crane weighing machines constructed upon the hydraulic principle in the Weights and Measures Regulations (Northern Ireland) 1967, or

(c)of the type referred to as “approximate weighers” and first stamped before 1st August 1991, or

(d)of a type referred to as “common form” and which was first stamped before 1st August 1991,

is a Class IIII machine.

17.  The specifications for non-graduated and graduated Class IIII machines are given in Table 4.

Table 4

Maximum capacity “Max”Lower limit of the minimum load “Min”Scale interval “d”Number of scale intervals “n”Verification scale interval “e”
Non-graduated machines
400 g ≤ Max <2 kg10 e5 g
2 kg ≤ Max10 eMax
... ... ... ...
400
Graduated machines
Non-self indicating machines
400 g ≤ Max <2 kg10 d5 g ≤ d ≤ 10 g80 ≤ n <4005 g
2 kg ≤ Max <4 t10 d10 g ≤ d ≤ 10 kg100 ≤ n <400

Max

400
2 kg ≤ Max ≤ 10 t10 d5 g ≤ d ≤ 10 kg400 ≤ n ≤ 1 000d
4 t ≤ Max10 d20 kg ≤ d200 ≤ n < 400

Max

400
8 t ≤ Max10 d20 kg ≤ d400 ≤ n ≤ 1 000d
Self and semi- self indicating machines
400 g ≤ Max ≤ 10 t10 d2 g ≤ d ≤ 10 kg60 ≤ n ≤ 1 000d
4 t ≤ Max10 d20 kg ≤ d200 ≤ n ≤ 1 000d

Regulation 37

SCHEDULE 2TESTING

PART IGeneral

1.  Subject to the provisions of paragraph 17 on eccentric load testing and any special arrangements required to comply with regulation 7, test loads shall be distributed over the central areas of load and weight receptors.

2.—(1) Subject to the provisions of paragraph 16 on tilt testing, machines fitted with level indicating devices shall only be tested when the devices indicate that the machines have been set to their reference positions.

(2) Movable machines or machines having movable load or weight receptors—

(a)shall, if freestanding, subject to subparagraph (1) and the provisions of paragraph 16(d) and (e) on tilt testing, be supported during testing on a level plane and, if practicable, have their load and/or weight bearing surfaces set level; and

(b)shall, if designed to be suspended in use, be suspended during testing.

3.  When taking test readings from digital weight indicators or printers, other than the readings required for comparison testing by paragraph 10 and the readings required for discrimination testing by paragraph 14, the inspector shall eliminate any rounding error either by using the change points between consecutive indicated or printed digits or by using test facilities on the device under test which increase the resolution of the weight indication or printout.

4.  In the case of a machine having an automatic zero tracking device or devices, these devices shall be effectively disabled during testing, by adopting a non-zero indication or printout as zero-for-the purposes of testing, so that the test results are not materially affected by the action of any of the automatic zero tracking devices.

5.  In the case of a machine of an approved pattern which, in the published particulars thereof, is described as having a weighing mode in which, with the load receptor empty—

(a)the machine cannot be balanced, or

(b)an indicating, printing or tare device cannot be set to zero,

then nothing in the provisions of Parts II and III shall require such balancing or setting, or prevent the machine from being fully tested.

6.  When testing any machine, the inspector shall first ascertain—

(a)its accuracy classification, the verification scale intervals and weighing ranges of all the indicating, printing and tare devices, in accordance with the provisions of Schedule 1;

(b)the number of its weighing modes;

(c)for each of the indicating, printing and tare devices, the value of test load at which the prescribed limits of error change in value, in accordance with the provisions of Schedule 3; and

(d)the maximum loads of all the weight and load receptors and combinations of load receptors.

7.  Where feasible, the inspector may combine tests or carry out several tests concurrently.

PART IIAccuracy testing

Weight indicating and weight printing devices

8.—(a) Subject to paragraph 5, the inspector shall first balance the machine with the load and weight receptors empty and all the tare, weight indicating and printing devices set to zero.

(b)For each weighing mode of the machine, each of the weight indicating and printing devices which are operable in that mode shall be tested for accuracy unless, in the inspector’s opinion, a lesser number of tests on any device is sufficient to establish or re-establish its fitness for use. During accuracy testing each device shall be tested at least once with increasing and decreasing loads unless it is described in the published particulars of the approved pattern as not to be so tested.

(c)For each weight reading the error must not exceed the appropriate prescribed limit of error.

PART IIIOther testing

Interpretation

9.  In this Part “absolute value” means the range of the limit of error from the maximum plus to the maximum minus allowed.

Comparison testing

10.—(a) Machines having a weighing mode in which it is possible to obtain more than one determination of any test load by means of more than one tare, weight indicating or printing devices shall, for each such weighing mode, be tested as described in subparagraphs (b) and (c).

(b)Testing shall be carried out for at least three different values of test load.

(c)The inspector shall compare each reading with all the other readings of the same test load, the other readings being obtained from different weight indicating, printing and tare devices. The difference between any two of these readings must not exceed—

(i)zero, where the two readings are obtained from two digital devices having the same scale interval;

(ii)the larger of the scale intervals, where the two readings are obtained from digital devices having different scale intervals;

(iii)the smaller of the absolute values of the appropriate prescribed limits of error where the two readings are obtained from two analogue devices; or

(iv)either the absolute value of the appropriate prescribed limits of error of the analogue device or the scale interval of the digital device whichever is the greater, where one of the two readings is obtained from an analogue device and the other is obtained from a digital device.

Alternative load balancing arrangement testing

11.—(a) Machines having a weighing mode in which it is possible to obtain more than one determination of a single load by means of alternative load balancing arrangements shall, for each such weighing mode, be tested as described in subparagraphs (b) and (c).

(b)If feasible, testing of each alternative load balancing arrangement shall be carried out for at least three different values of test load.

(c)For each test load the inspector shall compare the two readings obtained from the alternative load balancing arrangements. The difference between these readings must not exceed the absolute value (or the smaller of the absolute values) of the appropriate prescribed limits of error for the load applied.

Repeatability testing

12.—(a) Repeatability testing shall be carried out as appropriate to the machine under test, with the test load being removed and then re-deposited as nearly as practicable in the same position.

(b)The readings for each test load shall be compared. The difference between the highest and the lowest of them must not exceed half the absolute value of the appropriate prescribed limits of error for the load applied. All readings must also fall within the prescribed limits of error.

(c)Additional repeatability testing may be carried out on machines having other weight indicating or printing devices associated with the load receptor under test.

Price-to-pay testing

13.—(a) By checking with several different weights and unit prices, the inspector shall satisfy himself that the machine computes the price-to-pay correctly.

(b)In the case of a machine with digital indication or printing of price-to-pay, the price computation shall be deemed to be correct if the difference between any indicated or printed price-to-pay and the product of its associated unit price and indicated or printed weight is not greater than half the value of the smallest monetary unit.

Discrimination testing

14.—(a) Discrimination testing shall not be carried out on accelerating machines.

(b)Subject to sub-paragraph (a), discrimination testing shall be carried out with the machine loaded to the approved minimum load and maximum capacity, or as near as practicable thereto, using each load and weight receptor, or combination of receptors, separately with the associated indicating or printing device which has the smallest prescribed limit of error for the value of load used in the testing.

(c)For non-self indicating machines, while balanced to give an indication of the load as at sub-paragraph (b), an additional load equal to 0.4 times the absolute value of the prescribed limit of error added gently to the loaded receptor shall always produce—

(i)an appreciable movement of the beam, in the case of a simple equal-arm beam;

(ii)a rise or fall to the limits of the range of movement of the beam or indicating element, in the case of a machine which is not a simple equal-arm beam.

(d)For self or semi-self indicating machines, while loaded as at sub-paragraph (b), the additional load placed gently on the loaded receptor shall—

(i)in the case of analogue indication or printing be equivalent to the absolute value of the prescribed limit of error for the load on the receptor and shall always cause a permanent displacement of the indicating element corresponding to at least 0.7 times its value;

(ii)in the case of a digital indication or printing, be equivalent to 1.4 times the digital scale interval and shall always cause an increase in the reading of the intitial indication.

Level indicator testing

15.—(a) The sensitivity of the level indicating devices shall be such that, in the case of Class I and Class II machines, for a longitudinal or transverse tilt not exceeding 2 parts in 1000, the moving part of the indicator is displaced by at least 2 mm.

(b)In the case of Class III and Class IIII machines, when a machine is tilted longitudinally or transversely until the moving part of the indicator shows a displacement of at least 2 mm, the zero load reading of the associated indicating or printing device does not change by more than two verification scale intervals.

(c)In the case of Class II, Class III and Class IIII machines additionally, for all loads, the variation between the indicated or printed results obtained in the reference position and the tilted position shall not exceed the value of the prescribed limit of error for the test load, the machine having been adjusted to zero or balanced in the no-load condition for both the reference and tilted positions.

Tilt testing

16.—(a) Tilt testing shall not be carried out on any machines which are permanently installed, freely suspended or Class I machines provided with adjustable levelling devices and one or more level indicating devices.

(b)Machines subject to tilt testing which are submitted with a view to being passed for the first time as fit for use for trade shall be tested as described in subparagraphs (c) to (e). An inspector may, at his discretion, carry out tilt testing at other times on machines which are subject to such testing.

(c)The machines shall be tested using each load and weight receptor, where feasible, in association with the indicating or printing device which has the smallest verification scale interval of these devices capable of registering the maximum capacity.

(d)Subject to paragraph 5, for a Class III or Class IIII machine, having first been adjusted to zero or balanced at no-load in its untilted reference position with all the tare, weight indicating and printing devices set to zero, the indication shall not vary by more than two verification scale intervals when tilted longitudinally and transversely to—

(i)2 parts in 1000; or

(ii)50 parts in 1000, for a machine without any level indicating devices.

(e)Subject to paragraph 5, for a Class II, Class III or Class IIII machine, having first been adjusted to zero or balanced at no-load with all the tare, weight indicating and printing devices set to zero when tilted longitudinally or transversely to—

(i)1 part in 1000 for a Class II machine;

(ii)2 parts in 1000 for a Class III or Class IIII machine;

(iii)50 parts in 1000 for a machine without any level indicating devices,

the indication shall not vary by more than one verification scale interval when the maximum load is applied.

Eccentric load testing

17.—(a) Machines shall be subjected to eccentric load testing using each load and weight receptor, or combination of receptors, separately in association with the indicating or printing device which has the smallest prescribed limits of error for the value of load used in the testing.

(b)Subject to paragraph 5, the inspector shall first balance the machine with the load and weight receptors empty and all the tare, weight indicating and printing devices set to zero.

(c)The receptor shall then be loaded as specified in paragraph 18. The weight reading shall be noted for each specified position of the test load. For each weight reading the error must not exceed the appropriate prescribed limit of error.

18.—(a) Subject to sub-paragraph (b)—

(i)in the case of a load receptor having four or fewer supports, a test load equal to one-third of the maximum load shall be applied in turn to each of the four quarter segments of the load receptor, each quarter segment being as nearly as is practicable equal to one quarter in area of the receptor; or

(ii)in the case of a load receptor having more than four supports, a test load which is equal to the fraction 1/(n-1) of the maximum load shall be applied to each support over an area of 1/n of the surface area of the load receptor (where ‘n’ is the number of supports):

  • Provided that, if the load receptor has a pair of supports which are so close together that it is not practicable to proceed in this manner, a test load which is equal to 2/(n – 1) of the maximum load (where ‘n’ is the number of supports) shall be applied to twice that area equally spaced about the axis connecting the pair of supports; or

(iii)in the case of a machine which falls within head (i) or (ii) but which has a load receptor in the form of a tank or hopper where the off-centre loading is minimal, a test load which is equal to one-tenth of the maximum load shall be applied to each point of support of the load receptor.

(b)In the case of a machine used for weighing vehicles of any description, a test load which is as nearly as practicable equal to, but in the event does not exceed, four-fifths of the maximum load shall also be applied at both ends and in the middle of the load receptor in all directions of movement of the vehicle on the load receptor.

Locking or relieving gear testing

19.—(a) Load and weight receptors which have associated locking or relieving devices shall, when supporting one-half of their maximum load, be eased into and out of lock or relief. This action must not cause the machine, in its unlocked or unrelieved position, to give any indication or printout which is in error by more than the appropriate prescribed limit of error.

(b)Such devices must not be able to be placed in intermediate positions.

Backbalance testing

20.—(a) Backbalance testing shall be carried out only on accelerating machines.

(b)In backbalance testing the maximum load shall first be placed on the load receptor and the machine balanced so that the beam or indicating element only just maintains its horizontal position on its stop or carrier. The beam or indicating element shall then be moved to its position of greatest displacement from the horizontal position, after which the load on the load receptor shall be reduced by the minimum amount which is required to restore the beam or indicating element to its horizontal position.

(c)The minimum amount which is required to be removed from the load receptor must not exceed three times the verification scale interval of the machine.

Regulations 37 and 38

SCHEDULE 3PRESCRIBED LIMITS OF ERROR

1.  Subject to paragraphs 2 and 3, the prescribed limits of error expressed in terms of “e”, the relevant verification scale interval of the device under test, shall be those set out in the Table.

Table

Limits of error in excess or deficiency
Classification of Machineupon passing as fit for use for tradein relation to the obliteration of stampsNumber of verification scale intervals for loads – see Note
Column 1Column 2Column 3Column 4
Class I
(first part)0.5 e1 eNot more than 50 000 e
(second part)1 e2 emore than 50 000 e and not more than 200 000 e
(third part)1.5 e3 emore than 200 000 e
Class II
(first part)0.5 e1 eNot more than 5 000 e
(second part)1 e2 emore than 5 000 e and not more than 20 000 e
(third part)1.5 e3 emore than 20 000 e
Class III
(first part)0.5 e1 eNot more than 500 e
(second part)1 e2 emore than 500 e and not more than 2 000 e
(third part)1.5 e3 emore than 2 000 e
Class IIII
(first part)0.5 e1 eNot more than 50 e
(second part)1 e2 emore than 50 e and not more than 200 e
(third part)1.5 e3 emore than 200 e

Note

When testing a weight indicating or printing device, in a weighing mode in which tare devices other than those within paragraph (b) of the definition of “tare device” in regulation 2 are operable, the ranges listed in column 4 of the Table shall be increased by the corresponding tare value.

2.  An indicating or printing device which, in any single weighing mode, has more than one verification scale interval, each of which relates exclusively to a particular part of the weighing range, shall have, for each particular part, those error allowances which would apply if the complete weighing range had the verification scale interval which relates to that particular part.

3.  In the case where—

(a)a machine has had its stamp obliterated under regulation 43(2) because of an alteration or adjustment involving only the replacement or addition of a dial, chart or pointer, and

(b)the purpose of the alteration or adjustment was to modify an imperial machine to indicate weight in metric units, and

(c)(i)within the period of fifteen days following the making of the alteration or adjustment the requirements of paragraph 4 were complied with, or

(ii)the period for complying with those requirements has not yet expired,

the appropriate prescribed limits of error upon the first retesting of such a machine with a view to its being passed as fit for use for trade shall be those set out in the Table in paragraph 1 as being applicable in relation to the obliteration of stamps.

4.  The requirements referred to in paragraph 3(c)(i) are that the chief inspector of weights and measures is furnished by the person carrying out the alteration or adjustment with the following particulars, namely—

(a)his name and address;

(b)particulars by which the machine may be identified;

(c)the name and address of the person who will first use the machine for trade after its alteration or adjustment and the address at which it will be so used or, if those particulars are not known, an address at which the machine will be available for inspection;

(d)confirmation that the modification consisted only of the replacement or addition of a chart, dial or pointer.

Regulation 1(2)

SCHEDULE 4REGULATIONS REVOKED

  • The Weighing Equipment (Non-automatic Weighing Machines) Regulations (Northern Ireland) 1991 except regulation 46 and Schedule 1.

  • The Weighing Equipment (Non-automatic Weighing Machines) (Amendment) Regulations (Northern Ireland) 1992.

  • The Non-automatic Weighing Machines and Non-automatic Weighing Instruments (Amendment) Regulations (Northern Ireland) 1996.

  • In Parts I and III of the Schedule to the Weights and Measures (Metrication Amendments) Regulations (Northern Ireland) 1995, the amendments of the Weighing Equipment (Non-automatic Weighing Machines) Regulations (Northern Ireland) 1991.

Explanatory Note

(This note is not part of the Regulations.)

These Regulations consolidate with minor amendments the Weighing Equipment (Non-automatic Weighing Machines) Regulations (Northern Ireland) 1991 (S.R. 1991 No. 266) (as amended by the Weighing Equipment (Non-automatic Weighing Machines) (Amendment) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 537), the Weights and Measures (Metrication Amendments) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 228) and the Non-automatic Weighing Machines and Non-automatic Weighing Instruments (Amendment) Regulations (Northern Ireland) 1996 (S.R. 1996 No. 320)).

The Regulations continue to prescribe non-automatic weighing machines for the purposes of Article 9(1) of the Weights and Measures (Northern Ireland) Order 1981 (the “1981 Order”) (regulation 3(1)). The effect of prescription is to make it unlawful to use such machines for trade purposes unless they have been tested, passed as fit for such use and stamped by an inspector of weights and measures, or by an approved verifier under the terms of the 1981 Order as amended by the Weights and Measures (Amendment) Act 2000 (2000 c. 5). These requirements of prescription are also in general satisfied by a non-automatic weighing machine complying with:

(a)Council Directive No. 73/360/EEC, as amended, on non-automatic weighing machines and bearing the mark of EEC initial verification and, where appropriate, the sign of EEC pattern approval. This mark and sign are described in Schedule 1 to the Measuring Instruments (EEC Requirements) Regulations 1998 (S.I. 1988/186); or

(b)Council Directive No. 90/384/EEC, as amended, on non-automatic weighing instruments and satisfying the essential requirements set out in Annex I of the Directive.

The Regulations make provision as to:

(a)the purposes for which such non-automatic weighing machines may be used for trade (regulation 4);

(b)the materials and principles of construction of them and their marking (regulations 5 to 22 and Schedule 1);

(c)the manner of erection and use of them for trade (regulations 23 to 31);

(d)their testing, passing as fit for use for trade and stamping and the obliteration of such stamps (regulations 37 and 39 to 46 and Schedule 2); and

(e)the prescribed limits of error (regulation 38 and Schedule 3).

(1)

Formerly known as the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Art. 3(5)

(2)

S.I. 1981/231 (N.I. 10) as amended by 2000 c. 5 (N.I.)

(3)

By S.I. 1982/846 (N.I. 11), Art. 4

(4)

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

(8)

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

(10)

S.I. 1980/1070; the relevant amending instrument is S.I. 1980/1742

(11)

S.I. 1978/484; the relevant amending instrument is S.I. 1980/1742

(12)

O.J. No. L84, 28.3.1974, p. 3

(13)

EN 45001 is a European Standard which has the status of a British Standard; it is identical with BS 7501 (ISBN 0 580 17939 7), “General criteria for the operation of testing laboratories”

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