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Statutory Instruments

1987 No. 2187

WEIGHTS AND MEASURES

The National Metrological Co-ordinating Unit (Transfer of Functions and Abolition) Order 1987

Made

17th December 1987

Coming into force

17th December 1987

Whereas the Secretary of State pursuant to section 86(4) of the Weights and Measures Act 1985(1) has consulted an organisation which in his opinion represents such local authorities (within the meaning of section 55(3) of that Act) as he considers appropriate and has considered the representations made to him by that organisation with respect to the subject matter of this Order:

And whereas a draft of this Order has been laid before Parliament and approved by resolution of each House of Parliament pursuant to section 86(5) of that Act:

Now, therefore, the Secretary of State, in exercise of the powers conferred by sections 62(2)(a) and (c) and (3) and 86(1) of that Act and of all other powers enabling him in that behalf, hereby makes the following Order:—

Citation, commencement and interpretation

1.—(1) This Order may be cited as the National Metrological Co-ordinating Unit (Transfer of Functions and Abolition) Order 1987 and shall come into force forthwith.

(2) In this Order—

the Act” means the Weights and Measures Act 1985; and

“the transfer date” means 1st January 1988.

Transfer of functions and abolition of the Unit

2.  On the transfer date:

(a)the functions conferred on the Unit by the Act shall thenceforth cease to be exercised by the Unit;

(b)the modifications to the Act set out in the Schedule to this Order shall have effect; and

(c)the Unit shall be abolished.

Final accounts of the Unit

3.  The Unit shall prepare accounts, records and a statement of accounts under section 61(1) of the Act in respect of the period from 1st April to 31st December 1987.

Duty to furnish information

4.  Until the transfer date it shall be the duty of the Unit to furnish the Secretary of State with all such documents and information and to do all such other things as appear to him to be necessary or expedient for the purpose of exercising the functions hereby transferred to him.

Francis Maude

Parliamentary Under-Secretary of State,

Department of Trade and Industry

17th December 1987

Article 2(b)

SCHEDULEMODIFICATIONS TO THE ACT

1.  Section 55(1) to (4) and (6) shall cease to have effect.

2.  In section 56(1)—

(a)paragraphs (e) and (h) shall cease to have effect; and

(b)subject to sub-paragraph (a) above, for the word “Unit” wherever it appears, there shall be substituted the words “Secretary of State”.

3.  In section 57, for the word “Unit” wherever it appears there shall be substituted the words “Secretary of State”.

4.  In section 58—

(a)for the word “Unit” in both places in which it appears, there shall be substituted the words “Secretary of State”;

(b)in paragraph (a), for the words “if the Secretary of State so directs” there shall be substituted the words “if he thinks fit”; and

(c)in paragraph (b), the words “and the Secretary of State approves” shall cease to have effect.

5.  In section 59—

(a)in subsection (1), for the word “Unit” wherever it appears there shall be substituted the words “Secretary of State”; and

(b)in subsection (4)—

(i)for the word “Unit” where it first appears there shall be substituted the words “Secretary of State”; and

(ii)for the words “the Unit may refer the matter to the Secretary of State who, if he is also of that opinion,” there shall be substituted the word “he”.

6.  Sections 60 and 61 shall cease to have effect.

7.  In section 63—

(a)in subsection (4), for the words from “the Unit and it shall be the duty” to the end there shall be substituted the words “the Secretary of State”;

(b)subsection (5) shall cease to have effect; and

(c)in subsection (6)—

(i)for the words “subsection (5) above” there shall be substituted the words “subsection (4) above”;

(ii)in paragraph (a), the words “from the Unit” shall cease to have effect; and

(iii)in paragraph (d), the words “to the Unit” shall cease to have effect.

8.  In section 64(1)—

(a)in paragraph (b), sub-paragraphs (i) and (ii) shall cease to have effect; and

(b)for the words “to the Unit in consequence of a request by the Unit” there shall be substituted the words “to the Secretary of State in consequence of a request by him.”

9.  Schedule 9 shall cease to have effect.

10.  In Schedule 11, paragraph 20 shall cease to have effect.

Explanatory Note

(This note is not part of the Order)

This Order provides for the transfer of all functions of the National Metrological Co-ordinating Unit to the Secretary of State as from 1st January 1988 and for the abolition of the Unit on that date. It modifies sections 55 to 59 inclusive, sections 63 and 64 of and Schedule 11 to the Weights and Measures Act 1985 and deletes sections 60 and 61 of and Schedule 9 to that Act. It makes further provision for the final accounts of the Unit, and for the Unit to supply the Secretary of State with any information he considers necessary to carry out the functions transferred to him.