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3.—(1) A “relevant instrument” is an active electrical energy meter which is for use for trade.
(2) A relevant instrument is not an instrument which—
(a)is of a pattern or construction approved before 30th October 2006 by or under regulations made under paragraph 2 of Schedule 7 to the Electricity Act 1989(1), where such approval has not been revoked under regulations so made; and
(b)is—
(i)certified under paragraph 5 of that Schedule or excepted from the requirement for certification under paragraph 2(2) of that Schedule; and
(ii)put into use,
before 30th October 2016.
(3) A relevant instrument is not an instrument which—
(a)is of a pattern or construction approved before 30th October 2006 by or under regulations made under paragraph 3 of Schedule 7 to the Electricity (Northern Ireland) Order 1992(2), where such approval has not been revoked under regulations so made; and
(b)is—
(i)certified under paragraph 6 of that Schedule or excepted from the requirement for certification under paragraph 3(2) of that Schedule; and
(ii)put into use,
before 30th October 2016.
(4) A relevant instrument is not an instrument—
(a)in respect of a pattern of which EEC pattern approval was granted before 30th October 2006—
(i)under the Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995(3); or
(ii)by any other member State in accordance with the relevant provisions of measures in force which implement Council Directive 76/891(4),
and which is in force; and
(b)which bears a mark of EEC initial verification affixed under those Regulations or by any other member State in accordance with those provisions.
(5) A relevant instrument is not an instrument which is used under an agreement providing for the supply of active electrical energy where—
(a)the maximum quantity supplied exceeds 100 kilowatts per hour; and
(b)the instrument provides measurement on a half-hourly basis.
(6) A relevant instrument is not an instrument which is not compliant with the essential requirements and which is displayed or presented at a trade fair, exhibition or demonstration, if a sign displayed visibly on or near the instrument clearly indicates that the instrument—
(a)is not compliant with those requirements; and
(b)cannot be acquired or used until it is made compliant with those requirements by the manufacturer.
Directive 76/891 on the approximation of the laws of member States relating to electrical energy meters.
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