The Deregulation (Weights and Measures) Order 1999

Explanatory Note

(This note is not part of the Order)

This Order, which is made under section 1 of the Deregulation and Contracting Out Act 1994 (c. 40), amends certain provisions of the Weights and Measures Act 1985 (the “1985 Act”).

This Order makes the following amendments to the 1985 Act–

(a) that equipment to which section 11 of the 1985 Act applies may be tested, passed as fit for use for trade and stamped with the prescribed stamp by a manufacturer, installer or repairer of the said equipment who is for the time being approved for such purpose (an “approved verifier”) by the Secretary of State (section 11(4A)) (article 2(3));

(b) for approvals of persons by the Secretary of State as approved verifiers if he is satisfied that the person would, if approved, satisfy certain requirements and that he considers the person a fit and proper person to be so approved (section 11A) (article 2(7));

(c) confers on a local weights and measures authority the power to provide advice and assistance to the Secretary of State in connection with the carrying out by him of any audit or inspection of an applicant’s or approved verifier’s quality system if requested and to charge a fee for such advice and assistance (section 74(5)) (article 2(11));

(d) adds a new Schedule to the 1985 Act to provide for–

(i) matters incidental to approvals of persons by the Secretary of State; form, effect and conditions of approvals; suspension of approvals; withdrawal of approvals and grant of new approval following withdrawal and application for further approval (Part I Schedule 3A) (article 2(15) and Schedule); and

(ii) requirements to be met by approved verifiers: maintenance of a quality system; the preparation and keeping up-to-date a quality system manual; keeping of records (Part II Schedule 3A) (article 2(15) and Schedule);

(e) the acceptance by an inspector of weights and measures of testing of equipment to which section 11 of the 1985 Act applies by an official EEA tester; an official EEA tester is a person who had responsibility within an EEA State for metrological control of such equipment or was accredited in an EEA State as a person operating a laboratory for the purpose of testing such equipment (section 11B) (article 3);

(f) by authorising an approved verifier who is a manufacturer of equipment to which section 11 of the 1985 Act applies to apply the prescribed stamp to that equipment notwithstanding that it has not been passed as fit for use for trade provided certain requirements are fulfilled (section 15A) (article 4);

(g) for offences committed by approved verifiers in respect of the stamping of equipment in contravention of the provisions of the 1985 Act or an instrument made under the Act or without duly testing the equipment and pre-test stamping (articles 2(12) and 4); or any breach of any duty imposed on an approved verifier (in respect of which section 34 of the 1985 Act, which makes provision for a defence of due diligence, applies) (article 2(12)); and

(h) consequential amendments to the 1985 Act arising from the amendments described above.