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The Measuring Instruments (Automatic Discontinuous Totalisers) (Use for Trade) Regulations (Northern Ireland) 2007

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Statutory Rules of Northern Ireland

2007 No. 389

WEIGHTS AND MEASURES

The Measuring Instruments (Automatic Discontinuous Totalisers) (Use for Trade) Regulations (Northern Ireland) 2007

Made

31st August 2007

Coming into operation

15th October 2007

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

Citation and commencement

1.  These Regulations may be cited as the Measuring Instruments (Automatic Discontinuous Totalisers) (Use for Trade) Regulations (Northern Ireland) 2007 and shall come into operation on 15th October 2007.

Interpretation

2.  In these Regulations—

“the 2006 Regulations” means the Measuring Instruments (Automatic Discontinuous Totalisers) Regulations 2006(4);

“accuracy class” means the classification of an automatic discontinuous totaliser as set out in paragraph 16 of Schedule 1 to the 2006 Regulations;

“automatic discontinuous totaliser” means an automatic weighing instrument that determines the mass of a bulk product by dividing into discrete loads. The mass of each discrete load is determined in sequence and summed. Each discrete load is then delivered to bulk;

“essential requirements” means the requirements set out in Schedule 1 to the 2006 Regulations;

“instrument” has the same meaning as automatic discontinuous totaliser;

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

“maximum capacity” means the maximum discrete load which the automatic discontinuous totaliser is authorised to weigh and that can be weighed automatically on a load receptor;

“minimum capacity” means the minimum discrete load which the automatic discontinuous totaliser is authorised to weigh and that can be weighed automatically on a load receptor;

“minimum totalised load” means the value of the smallest bulk load that can be totalised without exceeding the maximum permissible error when the automatic operation is comprised of discrete loads, each within the automatic weighing range;

“non-automatic zero-setting device” means a device for setting the indication by the operator;

“place on the market” means making available for the first time in a member State an instrument intended for an end user, whether for reward or free of charge;

“put into use” means the first use of an instrument intended for the end user for the purposes for which it was intended; and

“semi-automatic zero-setting device” means a device for automatically setting the indication to zero following a manual command.

Application

3.—(1) Subject to paragraph (2) and (3), these Regulations apply to an automatic discontinuous totaliser which is—

(a)for use for trade; and

(b)first placed on the market or put into use on or after 15th October 2007.

(2) These Regulations do not apply to an automatic discontinuous totaliser—

(a)in respect of which a certificate of approval has been granted before 15th October 2007 and is in force; and

(b)which is first passed as fit for use for trade and stamped under the Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) Regulations (Northern Ireland) 1986 (5).

(3) These Regulations do not apply to an automatic discontinuous totaliser to which the 2006 Regulations do not apply by virtue of regulation 3(3) thereof.

Requirements for use for trade

4.  A person shall not use for trade an automatic discontinuous totaliser unless—

(a)it is compliant with the essential requirements, other than the provisions relating to maximum permissible errors referred to in paragraph 17 of Schedule 1 to the 2006 Regulations;

(b)the requirements of regulation 5 are complied with;

(c)it has been erected and installed in accordance with the requirements of regulation 6; and

(d)in the case of an instrument falling within an accuracy class set out in column 1 of the following Table, it falls within the maximum permissible error for that class set out in column 2 of that Table.

Table

(1)

Accuracy class

(2)

Maximum permissible error of totalised load

0.2±0.2%
0.5±0.5%
1±1.0%
2±2.0%

Manner of use

5.—(1) Where an automatic discontinuous totaliser is marked with a temperature range, it shall not be used for trade in temperatures outside that range.

(2) Where an instrument bears a mark which signifies the manner and purpose of use, it shall not be used for trade in a manner or for a purpose which does not accord with that marking.

(3) An automatic discontinuous totaliser shall only be used for trade for the purpose of weighing material the value of which, expressed in units of measurement of mass, is not—

(a)less than the value of the minimum totalised load;

(b)less than the value of the minimum capacity unless processed as the last discrete load of a trade transaction; or

(c)more than the value of the maximum capacity.

(4) An automatic discontinuous totaliser shall not be used for trade in such a manner as to cause—

(a)spillage of material from the load receptor; or

(b)loading of the weighing unit above its maximum capacity.

(5) An automatic discontinuous totaliser shall not be used for trade in circumstances—

(a)in which it may be prevented from operating consistently or accurately; or

(b)which are likely prematurely to degrade its metrological characteristics.

Manner of erection and installation

6.—(1) Every automatic discontinuous totaliser shall be so positioned as to facilitate cleaning and testing.

(2) If any special equipment for an automatic discontinuous totaliser, as referred to in paragraph 9(5) of Schedule 1 to the 2006 Regulations, is not a permanent fixture of the instrument, it shall be kept in the vicinity of the instrument.

(3) An automatic discontinuous totaliser which has either a non-automatic zero-setting device or semi-automatic zero-setting device shall be erected in such a manner that the operator can, notwithstanding the nature of the instrument or its surroundings, readily take up a position from which he can check the zero and operate the zero setting controls.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 31st August 2007.

Legal seal

M. Bohill

A senior officer of the Department of Enterprise, Trade and Investment

EXPLANATORY NOTE

(This note is not part of the Regulations.)

These Regulations set out the requirements relating to the use for trade of discontinuous totalisers and the manner of their use, erection and installation. Failure to comply with these requirements is an offence under Article 13(1) of the Weights and Measures (Northern Ireland) Order 1981.

The Regulations have been notified to the European Commission in draft pursuant to Directive 98/34/EC (O.J. No. L204, 21.7.1998, p. 37) as amended by Directive 98/48/EC (O.J. No. L217, 5.8.1998, p.18) which lays down a procedure for the provision of information in the field of technical standards and regulations.

(1)

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

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