10.—(1) An application for EC type-examination shall be made in writing to the Secretary of State by the manufacturer or by his authorised representative established in the Community and shall include—
(a)the name and address of the manufacturer and, if the application is lodged by the authorised representative, his name and address;
(b)a declaration that no other application for EC type-examination in respect of the instrument has been made to the Secretary of State or to any approved body; and
(c)the design documentation,
and the person making the application shall, when requested by the Secretary of State, supply an instrument which is representative of the production envisaged (in thisregulation referred to as “the type”).
(2) On an application made to him under paragraph (1) above the Secretary of State shall—
(a)examine the design documentation and check that the type has been manufactured in conformity with that documentation;
(b)agree with the applicant the places where the examinations and tests shall be carried out;
(c)carry out, or have carried out, examinations and tests to check,—
(i)where the manufacturer has chosen to apply the relevant national standards, whether the instrument has been manufactured wholly in conformity with those standards in such a manner that it satisfies the essential requirements; or
(ii)if it has not been so manufactured, whether the instrument neverthelesssatisfies the essential requirements.
(3) Where the Secretary of State, after carrying out his functions under paragraph (2) above, is satisfied that the type complies with the provisions of the Directive which apply to it, he shall grant to the applicant an EC type-approval certificate in respect of that type.
(4) Subject to any restrictions imposed under paragraph (5) below, an EC type-approval certificate issued under paragraph (3) above shall be valid for a period of ten years and its validity may be extended for successive periods of ten years: Provided that its validity shall not be extended after the date of the entry into force of any amendment to the Directive if it could not have been granted on the basis of the Directive as so amended.
(5) Where new techniques are employed or other fundamental changes are made to the design of an approved type, a further application may be made under paragraph (1) above and a further Ec type-approval certificate may be issued in respect of the type for a specified period; and—
(a)the initial period for which a certificate is issued under this paragraph shall be restricted to a period of two years; and
(b)only one extension of that period, for a period of three years, may be issued:
Provided that its validity shall not be extended after the date of the entry into force of any amendment to the Directive if it could not have been granted on the basis of the Directive as so amended.
(6) Any EC type-approval certificate shall—
(a)state the conclusions of the EC type-examination carried out by the Secretary of State;
(b)indicate any conditions subject to which the certificate is granted; and
(c)be accompanied by the data and descriptions necessary for identification of the approved type,
and there shall be annexed to the certificate all relevant drawings and layouts.
(7) Where the Secretary of State, after carrying out his functions under paragraph (2) above, refuses to issue an EC type-approval certificate or to extend its period of validity, he shall in writing inform the applicant of his decision and the grounds for his decision.
(8) Where—
(a)an EC type-approval certificate granted under this regulation is in force in respect of an approved type; and
(b)it is proposed that any modifications or additions should be made to the approved type,
the manufacturer or his authorised representative established in the Community (instead of making an application under paragraph (1) above for an EC type-approval certificate) shall in writing notify the Secretary of State of all such proposed modifications or additions to the approved type.
(9) On receipt of a notification under paragraph (8) above, the Secretary of State shall consider whether the proposed modifications or additions might influence the conformity of the approved type with the essential requirements or with any conditions for use indicated in the EC type-approval certificate, and if it appears to him that those modifications or additions might have that effect, he shall conduct an examination of the approved type with those modifications or additions; and, in a case where—
(a)he is satisfied that the approved type with those modifications or additions complies with the provisions of the Directive that apply to it, the Secretary of State shall,—
(i)subject to the provisions of this regulation, approve the modifications or additions; and
(ii)issue an addition to the original EC type-approval certificate in respect thereof; or
(b)he is not so satisfied, the Secretary of State shall notify the applicant of his decision and of the grounds for it.
(10) No person shall make an application under this regulation if—
(a)he has previously made an application; or
(b)he has reasonable cause to believe that an application has previously been made by any other person,
in respect of the same type under this regulation or under corresponding provisions of the law of a member State other than the United Kingdom.
(11) The Secretary of State shall not consider an application which appears to him to contravene paragraph (10) above.
(12) The Secretary of State shall periodically send to the other member States a list of—
(a)applications received by him for EC type-examination;
(b)EC type-approval certificates issued by him;
(c)refusals by him to issue EC type-approval certificates; and
(d)additions and amendments relating to documents already issued,
and, on request, shall send to other member States a copy of any EC type-approval certificates that he has issued.
11.—(1) Subject to paragraphs (4) and (5) below, an application for EC verification shall be made to an approved body by the manufacturer or his authorised representative established in the Community; and each application shall, if the approved body so requests, be accompanied,—
(a)in the case of instruments manufactured in conformity with an approved type, by a copy of the EC type-approval certificate in respect of that approved type; or
(b)in the case of an instrument which does not use electronic devices and of which the load measuring device does not use one or more springs to balance the load, by the design documentation relating to those instruments.
(2) Where the approved body is satisfied, on application made to it under paragraph (1) above and after carrying out, or after having had carried out, the appropriate examin-ations and tests, that the instruments (if properly installed and used for the purposes for which they are intended)—
(a)where appropriate, have been manufactured in conformity with the approved type; and
(b)satisfy the provisions of the Directive which apply to them,
the approved body shall affix to each instrument—
(i)the EC mark of conformity;
(ii)the identification symbol of the approved body; and
(iii)the sticker by way of confirmation that the instrument may be used for a Schedule 3 application,
in accordance with regulation 18.
(3) Where the approved body, after carrying out its duties under paragraph (2) above, refuses to affix an EC mark of conformity or sticker to any instrument under that paragraph it shall in writing inform the applicant of its decision and of the grounds for its decision.
(4) In the case of an instrument—
(a)to which the EC mark of conformity, identification symbol and sticker have been affixed; and
(b)to which a disqualification sticker has been affixed under regulation 24, 25 or 27 or under any corresponding provision in the law of a member State other than the United Kingdom,
the foregoing provisions of this regulation shall have effect as modified under paragraph (5) below.
(5) In a case to which paragraph (4) above applies an application under paragraph (1) above may be made by any person established in the Community and—
(a)in paragraph (1) above, the words after the semi-colon shall not have effect; and
(b)in paragraph (2) above, for the words “the approved body shall affix” to the end there shall be substituted the words—
“the approved body shall affix—
the re-qualification sticker; and
the identification symbol of the approved body,
in accordance with regulation 18.”.
12.—(1) Subject to paragraphs (4) and (5) below, an application for EC unit verification shall be made in writing to the Secretary of State by the manufacturer or his authorised representative established in the Community; and each application shall be accompanied by the design documentation relating to the instrument.
(2) Where the Secretary of State is satisfied, on application made to him under paragraph (1) above and after carrying out, or after having had carried out, the appropriate examinations and tests, that the instrument (if properly installed and used for the purposes for which it is intended) satisfies the provisions of the Directive that apply to it, the Secretary of State shall affix to each instrument—
(a)the EC mark of conformity;
(b)his identification symbol; and
(c)the sticker by way of confirmation that the instrument may be used for a Schedule 3 application,
in accordance with regulation 18.
(3) Where the Secretary of State, after carrying out his duties under paragraph (2) above, refuses to affix an EC mark of conformity or sticker to any instrument under that paragraph he shall in writing inform the applicant of his decision and of the grounds for his decision.
(4) In the case of an instrument—
(a)to which the EC mark of conformity, identification symbol and sticker have been affixed; and
(b)to which a disqualification sticker has been affixed under regulation 24, 25 or 27 or under any corresponding provision in the law of a member State other than the United Kingdom,
the foregoing provisions of this regulation shall have effect as modified under paragraph (5) below.
(5) In a case to which paragraph (4) above applies an application under paragraph (1) above may be made by any person established in the Community and—
(a)in paragraph (1) above, the words after the semi-colon shall not have effect; and
(b)in paragraph (2) above, for the words “the Secretary of State shall affix” to the end there shall be substituted the words
“the Secretary of State shall affix—
the re-qualification sticker; and
his identification symbol,
in accordance with regulation 18.” .
13.—(1) An application for approval of a quality system as provided in paragraph 2.3 of Annex II of the Directive shall be made in writing to an approved body; and each application shall be accompanied by an undertaking by the manufacturer—
(a)to carry out the obligations arising from the approved quality system; and
(b)to maintain the approved quality system to ensure its continuing suitability and effectiveness.
(2) The manufacturer shall make available to the approved body all relevant information including in particular—
(a)the documentation of the quality system presented in a systematic and orderly manner in the form of written rules, procedures and instructions with a view to ensuring a proper understanding of the quality programmes, plans, manuals and records; and
(b)the design documentation of the instruments.
(3) On application made to it under paragraph (1) above, the approved body shall evaluate the quality system to determine whether it satisfies the requirements referred to in paragraph 2.3.2 of Annex II of the Directive and, if it conforms with the relevant national standard, it shall be taken to conform to those requirements.
(4) Where the approved body is satisfied, on application made to it under paragraph (1) above and after examining and evaluating the quality system, that the system satisfies the requirements referred to in paragraph 2.3.2 of Annex II of the Directive it shall grant to the manufacturer an approval of the quality system; and accordingly the manufacturer shall have authority to make EC declarations of type conformity in accordance with paragraph (7) below.
(5) The approved body shall—
(a)include in the approval the conclusions of the examination and evaluation carried out by it; and
(b)shall inform the Secretary of State of the granting of the approval with a view to his notifying the other member States and the Commission.
(6) Where the approved body, after carrying out its duties under paragraph (3) above, refuses to grant an approval of the quality system it shall in writing inform the manufacturer and the Secretary of State of its decision and the grounds for its decision.
(7) Where the manufacturer makes an EC declaration of type conformity, that is to say,—
(a)he has adequately implemented an approved quality system;
(b)he has carried out the appropriate examinations and tests; and
(c)he is satisfied that the instruments concerned—
(i)where appropriate, have been manufactured in conformity with the approved type; and
(ii)satisfy the provisions of the Directive that apply to them,
the manufacturer shall affix to each such instrument—
(i)the EC mark of conformity;
(ii)the inscriptions;
(iii)the sticker by way of confirmation that the instrument may be used for a Schedule 3 application; and
(iv)the identification symbol of the approved body which approved the manufacturer’s quality system, in accordance with regulation 18.
(8) In the case of an instrument—
(a)to which the EC mark of conformity, identification symbol and sticker have been affixed; and
(b)to which a disqualification sticker has been affixed under regulation 24, 25 or 27 or under any corresponding provision in the law of a member State other than the United Kingdom,
the foregoing provisions of this regulation shall have effect as modified under paragraph (9) below.
(9) In a case to which paragraph (8) above applies, in paragraph (7) above for the words “the manufacturer shall affix” to the end there shall be substituted the words
“the manufacturer shall affix to each such instrument—
the re-qualification sticker;
the identification symbol of the approved body which approved the manufacturer’s quality system if that symbol is different from the symbol already affixed to the instrument.”.
14.—(1) Subject to paragraphs (2) and (3) below, the procedures referred to in regulations 11(2), 12(2) and 13(7) ( “the procedures”) shall be carried out at the place of use of the instrument unless—
(a)the instrument does not have to be dismantled for transport or any such dismantling is not likely to affect its performance; or
(b)before the instrument is taken into service, no work is required which is likely to affect its performance,
in which case they may be carried out at any place.
(2) In the case of an instrument whose performance is sensitive to differences in gravity, either—
(a)any difference between the gravity at the place where the procedures mentioned in paragraph (1) above are carried out and that at the place where the instrument is to be used shall be taken into account in carrying out the procedures; or
(b)the procedures shall be carried out in two stages in accordance with paragraph (4) below.
(3) In the case of an instrument whose performance is not sensitive to differences in gravity and if the manufacturer so desires, the procedures may be carried out in two stages in accordance with paragraph
(4) below.
(4) The two stages referred to in paragraphs (2) and (3) above are—
(a)a first stage ( “the first stage”) which shall comprise all examinations and tests not within the second stage and which may be carried out at any place; and
(b)a second stage ( “the second stage”),—
(i)in the case of an instrument whose performance is sensitive to differences in gravity, which shall comprise all examinations and tests of which the outcome is gravity dependent and which shall be carried out at the place of use of the instrument or, if gravity zones(1) have been established, elsewhere within the gravity zone in which that place is situated; and
(ii)in the case of any other instrument, which may be carried out at any place.
(5) Where the manufacturer has made an EC declaration of type conformity under regulation 13 in relation to an instrument and the procedures in the first stage are carried out under that regulation, those carried out in the second stage shall be those specified in regulation 11 or in regulation 13.
(6) Where an approved body carries out the procedures in the first stage under regulation 11, that body or another approved body may carry out the procedures in the second stage.
(7) Where in pursuance of paragraph (5) or (6) above, the procedures in the first stage are carried out by the manufacturer or an approved body ( “the first party”) and the procedures in the second stage are carried out by a different manufacturer (being a manufacturer having the authority to make the relevant EC declaration of type conformity) or by an approved body ( “the second party”)—
(a)the first party shall issue a certificate to the second party identifying the instrument in question and specifying the procedures it has carried out and shall affix his identification symbol; and
(b)the second party shall carry out the examinations and tests not carried out by the first party and shall perform the functions specified in regulation 18.
(8) For the purposes of regulations 11(2), 12(2) and 13(7), the appropriate examinations and tests shall include those specified in the relevant harmonised standard or equivalent tests.
15.—(1) Where a manufacturer has made an EC declaration of type conformity under regulation 13, the approved body to which the manufacturer made an application for approval of the quality system shall carry out EC surveillance and in particular—
(a)shall periodically carry out audits in order to ensure that the manufacturer is maintaining and applying the quality system and provide the manufacturer with an audit report; and
(b)shall, from time to time, carry out visits at the places of manufacture, inspection, testing and storage and—
(i)check whether the manufacturer is maintaining and applying the quality system, and
(ii)at its discretion, carry out full or partial audits,
and shall provide the manufacturer with a report on each such visit and on any such audit.
(2) For the purpose of assisting the approved body to carry out the audits and checks specified in paragraph (1) above the manufacturer shall, in respect of each instrument, keep available for inspection by the approved body all necessary information, including—
(a)the documentation of the quality system;
(b)the design documentation of the instrument; and
(c)all related quality records,
and shall inform the approved body of any changes in its quality assurance system.
16.—(1) If it appears to an authorised person that there are, on any premises of a manufacturer, instruments to which EC marks of conformity or stickers have been, or are being, affixed otherwise than in conformity with these Regulations, he may give to the manufacturer a notice suspending the manufacturer’s authority to make the EC declaration of type conformity in question for a period not exceeding twenty-eight days.
(2) Where an authorised person gives a notice under paragraph (1) above, he shall forthwith—
(a)inform the approved body which approved the quality system of the effect of the notice;
(b)send a copy of the notice to the Secretary of State; and
(c)inform the applicant of his right to apply for a review of the decision under regulation 21.
(3) If the manufacturer contravenes a notice under paragraph (1) above,—
(a)he shall be guilty of an offence; and
(b)all instruments to which the offence relates shall be liable to be forfeited.
17.—(1) If it appears to an approved body, in relation to any quality system approved by it, that—
(a)an undertaking given pursuant to regulation 13(1) has not been complied with; or
(b)by reason of the refusal or neglect of the manufacturer, it is not able to carry out its functions under regulation 15(1); or
(c)regulation 15(2) has not been complied with; or
(d)the Secretary of State has informed the approved body under regulation 20(7)(a) that he is of the opinion that consideration should be given to withdrawal of any relevant quality system approval,
it may, after giving the manufacturer the opportunity of making representations as to why it should not be withdrawn, by notice given to the manufacturer withdraw approval of the quality system.
(2) A notice under paragraph (1) above shall be in writing and shall—
(a)specify the date on which it is to take effect; and
(b)specify the grounds for the decision.
(3) The approved body shall send to the Secretary of State a copy of any notice given by it under paragraph (2) above with a view to his notifying the other member States and the Commission.
(4) A manufacturer who fails to comply with a notice given to him under paragraph (2) above shall be guilty of an offence.
18.—(1) The EC mark of conformity and each sticker, inscription or identification symbol mentioned in paragraph (3) below shall be affixed on—
(a)each instrument to which it relates; or
(b)on a data plate attached to the instrument in such a way that the plate—
(i)cannot be removed without being destroyed, or
(ii)is capable of being sealed with a control mark,
and shall satisfy the requirements of paragraph (2) below and, as the case may require, of paragraph (3) below.
(2) The requirement of this paragraph is that each EC mark of conformity, identification symbol, sticker or inscription shall be clearly visible, easily legible and indelible.
(3) The requirements of this paragraph, in the case of—
(a)the EC mark of conformity, are those specified in heads (a), (c) and (d) of paragraph (4) below;
(b)the identification symbol, are those specified in head (a) of that paragraph;
(c)all inscriptions referred to in paragraph 1.1(c) of Annex IV of the Directive, are those specified in heads (c) and (d) of that paragraph; and
(d)the inscriptions “Max”, “Min”, “e” and “d” referred to in paragraph 1.4 of Annex IV of the Directive, are those specified in heads (b), (c) and (d) of that paragraph.
(4) The requirements referred to in paragraph (3) above in relation to the EC mark of conformity, identification symbol or inscription in question are—
(a)a requirement that it be grouped together with all other such information;
(b)a requirement that it be placed near the display of the result of the operation of the instrument;
(c)a requirement that it be impossible to remove without damaging the mark of conformity or inscription;
(d)a requirement that it be clearly visible when the instrument is in its regular operating position.
(5) The EC mark of conformity consists of the symbol “CE” of which a form is shown for purposes of illustration in Schedule 4 and the last two digits of the year in which it was affixed.
(6) Each load measuring device which is connected, or can be connected, to one or more load receptors shall also bear the inscriptions which apply to each such load receptor.
(7) Where an approved body affixes an EC mark of conformity and sticker or the manufacturer affixes an EC mark of conformity and sticker under paragraph (1) above to an instrument which—
(a)is used for a Schedule 3 application; and
(b)includes or is connected to any device exempted from the essential requirements by virtue of the Preliminary observations in Annex I of the Directive which is set out in Schedule 2,
each such device shall bear the restrictive use symbol referred to in paragraph 3 of Annex IV of the Directive.
(8) Any person who gives information in connection with an instrument by means of a misleading mark or inscription or otherwise which is likely to be confused with the EC mark of conformity shall be guilty of an offence.
19. Notwithstanding anything in the foregoing provisions of this Part, no person shall affix an EC mark of conformity to an instrument if the mark so affixed could be taken indicating that the instrument conforms also to other legally binding Community provisions with which it does not comply.
20.—(1) If an authorised person is satisfied that an EC mark of conformity has been wrongly placed on an instrument because—
(a)the instrument has not been manufactured wholly in conformity,—
(i)in a case where the manufacturer has chosen to apply the relevant national standards, with those standards, or
(ii)with an approved type; or
(b)the approved type does not satisfy the essential requirements; or
(c)the manufacturer who has made an EC declaration of type conformity has not carried out his obligations under paragraph 2.2 of Annex II of the Directive,
he shall give notice to the manufacturer specifying the matters mentioned in paragraphs (2) and (3) below.
(2) The matters to be specified in a notice given under paragraph (1) above pursuant to this paragraph are the respects in which—
(a)an instrument does not conform with the relevant national standards;
(b)an instrument does not conform with an approved type;
(c)an approved type does not comply with the essential requirements;
(d)the manufacturer has failed to carry out his obligations under paragraph 2.2 of Annex II of the Directive,
as the case may require.
(3) The matters to be specified in a notice given under paragraph (1) above pursuant to this paragraph are that, unless steps are taken which ensure—
(a)that the instrument or any instrument of the same type does so conform or comply; or
(b)that the manufacturer does so act,
as the case may require—
(i)any EC type-approval certificate granted under regulation 10(3), or
(ii)any approval of a quality system granted under regulation 13(4), may be withdrawn.
(4) A notice under paragraph (1) above shall be in writing and shall—
(a)specify the date on which it is to take effect;
(b)specify the grounds for the decision; and
(c)inform the manufacturer of his right to apply for a review of the decision under regulation 21.
(5) Where an authorised person gives a notice under paragraph (1) above, he shall forthwith send a copy of the notice to the Secretary of State.
(6) If the Secretary of State,—
(a)in the case of an EC type-approval certificate which he has granted, after giving the manufacturer the opportunity of making representations as to why it should not be withdrawn, decides that the EC type-approval certificate should be withdrawn, he shall immediately—
(i)give notice of the decision to the manufacturer, and
(ii)inform the other member States of the decision;
(b)in the case of an EC type-approval certificate granted under the law of another member State, is of the opinion that consideration ought to be given to whether the EC type-approval certificate should be withdrawn he shall immediately inform the relevant competent authority of that fact.
(7) If the Secretary of State is of the opinion that consideration should be given to withdrawal of any relevant quality system approval,—
(a)in the case of an approval granted by an approved body under these Regulations, he shall inform the approved body of that fact; and
(b)in the case of an approval granted under the law of another member State, he shall immediately inform the relevant competent authority of that fact.
(8) The Secretary of State shall publish, in such manner as he may consider appropriate, particulars of any notice under paragraph (6) above withdrawing an EC type-approval certificate.
21.—(1) A person who is aggrieved by a decision given by an authorised person under regulation 16(1) or 20(1) ( “the aggrieved person”) may, in accordance with paragraphs (2) and (3) of this regulation, apply to the Secretary of State to review the decision; and on such application the Secretary of State may—
(a)hold an inquiry in connection therewith; and
(b)appoint an assessor for the purposes of assisting him with his review or any such inquiry.
(2) An application under paragraph (1) above shall be made by notice to the Secretary of State, and shall be sent to him not later than twenty-one days after the date when notice of the decision in respect of which the application for review is sent to the aggrieved person.
(3) A notice of application for review under this regulation shall state the grounds on which the application is made.
(4) The Secretary of State, within a reasonable time, shall in writing inform the aggrieved person and the authorised person of his decision whether to uphold the decision of the authorised person and,—
(a)in a case where he upholds the decision of the authorised person, shall also state the grounds for his decision; and
(b)in a case where he does not uphold the decision of the authorised person, may—
(i)where the review relates to regulation 16, instruct the authorised person to withdraw the notice given by him under paragraph (1) of that regulation; or
(ii)where the review relates to regulation 20, instruct the authorised person to withdraw the notice given by him under paragraph (3) of that regulation,
as the case may require.
22.—(1) A person aggrieved by a decision—
(a)of the Secretary of State under regulation 10(7) or (9)(b), 12(3) or 21(4); or
(b)of an approved body under regulation 11(3) or 13(6),
shall, at the same time as he is notified of the decision, be given information about the judicial remedies available to him.
(2) That information shall include—
(a)a brief statement of the procedure by which judicial review may be applied for in accordance with Rules of Court (or, in Northern Ireland, with rules of court made, or having effect as if made, under section 55 of the Judicature (Northern Ireland) Act 1978(2));
(b)the information that in England and Wales or in Northern Ireland, an application for leave to apply to the Court for judicial review shall be made promptly and in any event within three months from the date when grounds for the application first arose unless the court considers that there is good reason for extending the period within which the application shall be made.
23.—(1) Subject to paragraph (2) below, any person who, in the case of any instrument,—
(a)save under regulation 11, 12 or 13, affixes any EC mark of conformity, inscription, identification symbol or sticker referred to in the regulation in question to any instrument; or
(b)affixes an EC mark of conformity in contravention of regulation 18; or
(c)forges or counterfeits or in any manner alters or defaces any such mark, inscription, identification symbol, sticker, disqualification sticker or re-qualification sticker; or
(d)removes any such mark, inscription, identification symbol or sticker affixed to an instrument under regulation 11, 12 or 13 or re-qualification sticker and affixes it to any other instrument; or
(e)makes any alteration to the instrument after any such mark, inscription, identification symbol, sticker or re-qualification sticker has been affixed to it in accordance with these Regulations so that the instrument no longer complies with the requirements of the Directive which apply to it,
shall be guilty of an offence.
(2) A person shall not be guilty of an offence under paragraph (1) above by reason solely of the alteration, defacement or removal of any mark, inscription, identification symbol, sticker, disqualification sticker or re-qualification sticker in the course of the adjustment or repair of any instrument by, or by the duly authorised agent of, a person who is a manufacturer, or is regularly engaged in the business of repairing, of instruments.
(3) Any person who supplies, uses for any Schedule 3 application or exposes or offers for supply any instrument which to his knowledge—
(a)bears any EC mark of conformity, inscription, identification symbol, sticker, or re-qualification sticker which is a forgery or counterfeit, or which has been transferred from another instrument, or which has been altered or defaced otherwise than in accordance with these Regulations; or
(b)does not comply with the essential requirements by reason of any alteration made to it after any EC mark of conformity, inscription, identification symbol, sticker, disqualification sticker or re-qualification sticker was affixed to it in accordance with these Regulations,
shall be guilty of an offence.
(4) Any instrument in respect of which an offence under this regulation has been committed, and any implement used in the commission of the offence, shall be liable to be forfeited.
(5) References in this regulation to other provisions of these Regulations include references to corresponding provisions under the laws of a member State other than the United Kingdom.
24.—(1) Subject to paragraph (2) below, an authorised person may affix a disqualification sticker to an instrument if he is satisfied—
(a)that the instrument falls outside the limits of error referred to in paragraph 4.2 of Annex I of the Directive which is set out in Schedule 2; or
(b)otherwise does not fully comply with the requirements which apply to it, and a disqualification sticker shall be so affixed as to be clearly visible when the instrument is in its regular operating position.
(2) Save in a case where regulation 25 has effect, where an instrument does not fully satisfy the requirements of regulation 5 which apply to it but it appears to the authorised person that the nature or degree of non-compliance is not such that a disqualification sticker should be immediately affixed to it, he may give to any person in possession of the instrument a notice requiring him to ensure that the instrument is brought within the limits of error mentioned in paragraph (1)(a) above, or made to comply with the requirements which apply to it, before the expiry of twenty-eight days or such shorter period as may be specified in the notice.
(3) If a notice given under paragraph (2) above is not complied with, the authorised person shall affix a disqualification sticker to the instrument.
25.—(1) If it appears to an authorised person that, since the sticker was affixed (or, where the re-qualification sticker has been affixed, since that sticker was last affixed) to an instrument, the instrument has been subject to any alteration or addition by reason of which a re-qualification sticker could not be affixed to it in accordance with this Part, an authorised person shall affix a disqualification sticker to it.
(2) Subject to paragraph (3) below, if it appears to an authorised person—
(a)in the case of any instrument, that since the sticker was affixed (or, where the re-qualification sticker has been affixed, since that sticker was last affixed) to an instrument, the instrument has been subjected to any adjustment, alteration, addition, repair or replacement, which could affect its accuracy or functioning; or
(b)in the case of an instrument whose performance is sensitive to differences in gravity, that since the sticker was affixed (or, where the re-qualification sticker has been affixed, since that sticker was last affixed) the instrument has been moved to a different location,
the authorised person shall affix a disqualification sticker to it.
(3) Where—
(a)an instrument has been subjected to any of the occurrences mentioned in paragraph (2) above; and
(b)the chief inspector of weights and measures for the area where the instrument is located has been furnished in writing with details of the occurrence,
an authorised person may affix a disqualification sticker to it.
(4) A disqualification sticker shall be so affixed as to be clearly visible when the instrument is in its regular operating position.
26.—(1) If it appears to any authorised person that, when properly installed and used for the purpose for which they are intended, two or more instruments which bear the EC mark of conformity and the sticker do not meet the requirements of these Regulations, he shall notify the Secretary of State.
(2) Following receipt of a notification under paragraph (1) above, the Secretary of State—
(a)shall consider the matter; and
(b)unless he considers it not practicable to do so or that urgent action is required in the public interest, after giving any person appearing to him to be interested in the instrument in question the opportunity of making representations, may give a notice under this regulation in accordance with paragraph (4) below.
(3) A notice under this regulation—
(a)shall sufficiently describe the instruments to which it applies;
(b)may—
(i)require instruments of the type in question to be withdrawn from supply;
(ii)prohibit or restrict the use of such instruments for any Schedule 3 application;
(iii)prohibit or restrict the supply of such instruments;
(c)may be expressed to impose obligations on named or identified persons or persons generally; and
(d)may be varied or withdrawn by a further notice under this regulation.
(4) A notice under this regulation (including a notice varying or withdrawing a previous notice),—
(a)if any person is named in the notice as a person upon whom an obligation is imposed (or upon whom an obligation was imposed by such a previous notice),—
(i)shall be given to any such person, and
(ii)may be published in such manner as the Secretary of State may think fit;
(b)in any other case, shall be published in such manner as the Secretary of State may think fit.
(5) Any person who fails to comply with an obligation imposed on him by a notice under this regulation shall be guilty of an offence.
(6) References in this regulation to these Regulations include references to corresponding provisions under the laws of a member State other than the United Kingdom.
27. If it appears to an authorised person that an instrument is used for trade—
(a)for a purpose for which it is unsuitable; or
(b)in circumstances where it is subject to any extraordinary environmental or operating conditions which—
(i)may prevent it operating consistently or accurately, or
(ii)are likely prematurely to degrade its metrological characteristics, the authorised person may affix a disqualification sticker to it.
The United Kingdom has not established gravity zones within its territory.