Regulation 2(4)
SCHEDULE 5ADAPTATIONS FOR NORTHERN IRELAND
1. In Regulation 2–
(a)for the definitions of “ballast”, “chief inspector” and “inspector” there shall be substituted respectively–
““ballast” means any of the materials to which the expression “ballast” applies in Schedule 4 to the Order;”;
““chief inspector” means a chief inspector of weights and measures appointed under Article 40 of the Order;”;
““inspector” means an inspector of weights and measures appointed under Article 40 of the Order;”;
(b)the definition of “local weights and measures authority” shall be omitted;
(c)in the definitions of “meter measuring system” and “road tanker”, for the words “Measuring Equipment (Liquid Fuel delivered from Road Tankers) Regulations 1983”, there shall be substituted the words “Measuring Equipment (Liquid Fuel by Road Tanker) Regulations (Northern Ireland) 1984”(1);
(d)the definition of “nominated local weights and measures authority” shall be omitted; and
(e)for the definition of “use for trade” there shall be substituted–
““use for trade” in relation to any measuring instrument, has the same meaning as it has in Article 5 of the Order in relation to weighing or measuring equipment within the meaning of the Order, subject however to the addition at the end of paragraph (2)(a) of the said Article 5 of the words “and any member State other than the United Kingdom”.”.
2. In Regulation 6–
(a)in paragraph (1), for the words “Section 8(1)(b) of the Act (prohibition on use for trade of any weight not included in Schedule 3 to the Act)” there shall be substituted “Article 6(1)(b) of the Order (prohibition on use for trade of any weight not included in Schedule 1 to the Order)”;
(b)in paragraph (2), for the words “Section 11(2) of the Act” there shall be substituted “Article 9(2) of the Order” and for “section 11” there shall be substituted “Article 9”;
(c)in paragraph (3), for the words “section 17(1) of the Act” there shall be substituted “Article 15(1) of the Order”; and
(d)in paragraph (4), for the words “Regulation 67 of the Weights and Measures Regulations 1963” there shall be substituted “Regulation 26(5) and (6) of the Weights and Measures Regulations (Northern Ireland) 1967”(2).
3. In Regulation 13, for paragraphs (1) and (9) there shall be substituted respectively the following–
“(1) An application for consideration of any instrument (other than an instrument to which paragraph (9) below applies) for EEC initial verification shall be made to an inspector in such manner as the Department of Economic Development may direct.”;
and
“(9) In the case of–
(i)meters for pressurised liquefied gas to which the Directive on meters for liquids other than water applies;
(ii)an instrument of a category to which the Directive on the measuring of the standard mass per storage volume of grain applies;
(iii)a measure of length in class I within the meaning of the Directive on material measures of length;
(iv)a weight of a category to which the Directive on above-medium accuracy weights applies;
(v)a pressurised liquefied gas measuring system of a category to which the Directive on measuring systems for liquids other than water applies;
(vi)an instrument of a category to which the Directive on non-automatic weighing machines applies of a class of special accuracy or high accuracy bearing the identifying symbol
or
respectively;
the application for EEC initial verification shall be made to the Secretary of State or, if the Department of Economic Development is nominated by the Secretary of State to carry out such verification of all or any of the instruments specified above, then to an inspector.
Until the Department of Economic Development shall be so nominated the preceding provisions of this Regulation and the provisions of Schedule 3 to these Regulations shall have effect as if reference to an inspector included reference to the Secretary of State.”.
4. In Regulation 21–
(a)in paragraph (7), the reference to the Secretary of State shall be a reference to the Department of Economic Development; and
(b)for paragraph (8) there shall be substituted the following–
“(8) In the case of an instrument to which Regulation 13(9) above applies the preceding provisions of this Regulation (other than paragraph (5)) shall have effect as if references to an inspector were references to the Secretary of State, or to an inspector when the Department of Economic Development is nominated by the Secretary of State for the purposes of Regulation 13(9) above.”.
5. In Regulations 23(1) and 24(1) for the words “section 11(2) of the Act” there shall be substituted the words “Article 9(2) of the Order”.
6. For Regulation 25(5) there shall be substituted the following–
“(5) In the case of an instrument to which Regulation 13(9) above applies this Regulation shall have effect as if the reference in paragraph (1)(a) above to an inspector or person acting under his authority were a reference to the Secretary of State, or to an inspector when the Department of Economic Development is nominated by the Secretary of State for the purposes of Regulation 13(9) above.”.
7. In Regulation 26–
(a)in paragraphs (1) and (2), the words “within the area for which he was appointed inspector” shall be omitted;
(b)in paragraph (3), for the word “information” there shall be substituted the word “complaint”; and
(c)for paragraph (7) there shall be substituted the following–
“(7) In this Regulation “credentials”, in relation to an inspector, means some duly authenticated document showing that he is authorised to act as an inspector.”.
8. In Regulation 27(3) after the word “information” there shall be inserted the words “(other than his name and address)”.
9. For Regulation 29 there shall be substituted the following–
“29. No proceedings for an offence under these Regulations may be instituted except by the Department of Economic Development or the Director of Public Prosecutions for Northern Ireland.”.