The Measuring Instruments (Material Measures of Length) Regulations 2006 (revoked)

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement Directive 2004/22/EC of the European Parliament and of the Council on measuring instruments (OJ No. L135, 30.4.04, p1) “the Directive” in relation to the class of material measures of length within the category of material measures covered by the Directive.

Part I provides, with certain exceptions, that these Regulations extend to specified material measures of length for use for trade which are first placed on the market or put into use on or after the 30th October 2006.

Part II deals with the general requirements for placing on the market and putting into use. These are that material measures of length are compliant with the essential requirements, that the manufacturer has demonstrated such compliance with the essential requirements and that the measures have the CE marking, the M marking and identification number of the relevant notified body affixed to them (regulation 4(1)). It is an offence under regulation 4(2) to place on the market or put them into use a material measure of length without complying with the requirements of regulation 4(1). The essential requirements are set out in Schedule 1. Compliance with the essential requirements can be demonstrated in accordance with the provisions in regulation 5. Regulation 6 sets out the different conformity assessment procedures available to a manufacturer to demonstrate compliance. The technical documentation required is set out in Schedule 3.

Regulations 7 to 11 and Schedule 2 contain provisions relating to the eligibility and designation of persons to be notified bodies and with the administrative procedures relating to their appointment, their functions and fees. Requirements relating to the marking of material measure of lengths and identification are set out in regulation 12 and Schedule 4. Regulation 13 provides for a presumption of conformity with other applicable directives conferred by the CE marking.

Part III of these Regulations deals with certain requirements relating to the use for trade of material measure of lengths (regulations 14 and 15 and Schedule 1) pursuant to section 15(1) of the Weights and Measures Act 1985. Failure to comply with these requirements is an offence under section 15(3) of that Act.

Part IV deals with enforcement of these Regulations. Regulation 16 provides that the Regulations shall be enforced by every local weights and measures authority within its area: the Secretary of State may act as an enforcement authority in relation to Part II and for that purpose may appoint any person to act on his behalf. Regulation 17 (compliance notice procedures) and regulation 18 (immediate enforcement action) confer powers on the enforcement authorities to take action in respect of non-compliant material measure of lengths. Regulation 19 permits a review by the Secretary of State of notices issued by other enforcement authorities under regulations 17 and 18. Regulation 20 provides for disqualification of material measure of lengths and it is an offence to use a measure which has been disqualified unless it has been re-qualified in accordance with regulation 21.

Regulation 22 details the offences relating to the unauthorised application of authorised marks. Regulation 23 provides powers of entry and inspection for enforcement officers. Regulation 24 provides for offences relating to the obstruction of an enforcement officer. A person guilty of an offence under Part II and Part IV is liable on summary conviction to a fine not exceeding level 5 on the standard scale (which is currently £5,000) (Regulation 25). A defence of due diligence in relation to any offence under the Regulations is provided for in regulation 26 and the liability of persons other than the principal offender is set out in regulation 27.

Part V (regulations 28 to 30) deals with miscellaneous matters including the application of the Regulations to Northern Ireland to the extent set out in Schedule 5 (regulation 30).

These Regulations have been notified to the European Commission and the other member States in accordance with Directive 98/34/EC of the European Parliament and of the Council (OJ No. L204, 21.7.98, p.37), as amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No. L217, 5.8.98, p.18).

A Regulatory Impact Assessment (RIA) in respect of these Regulations is available and a copy can be obtained from the National Weights and Measures Laboratory (NWML), Stanton Avenue, Teddington, Middlesex TW11 OJZ or from its website at www.nwml.gov.uk. As these Regulations transpose the Directive, a transposition note (TN) setting out how the Government has transposed the Directive into United Kingdom law has been prepared. Copies of the RIA and TN are available from NWML as above. Copies of these documents have been placed in the libraries of both Houses of Parliament.