The Measuring Instruments (Gas Meters) Regulations 2006

Unauthorised application of authorised marks

15.—(1) Subject to paragraphs (2) and (3), a person shall be guilty of an offence if, in the case of an relevant instrument, he—

(a) affixes an authorised mark to the instrument otherwise than in accordance with these Regulations;

(b) alters or defaces an authorised mark affixed to the instrument;

(c) removes an authorised mark affixed to the instrument; or

(d) affixes any other marking to the instrument which is likely to deceive any person as to the meaning or form, or both, of an authorised mark.

(2) Where the alteration or defacement of an authorised mark is occasioned solely in the course of the adjustment or repair of a relevant instrument by a person regularly engaged in the business of repair of such instruments, or by his authorised agent, that person or his authorised agent, shall not be guilty of an offence under paragraph (1)(b).

(3) Where the alteration or defacement of an authorised mark is occasioned solely in the course of a duty imposed by regulation 4 of the Gas (Meters) Regulations 1983(1) by a meter examiner (within the meaning of those Regulations), that person shall not be guilty of an offence under paragraph (1)(b).

(4) A person shall be guilty of an offence if he places on the market or puts into use a relevant instrument—

(a) which, to his knowledge, bears—

(i) an authorised mark affixed otherwise than in accordance with these Regulations;

(ii) an authorised mark that has been altered or defaced otherwise than in the circumstances referred to in paragraph (2) or (3); or

(iii) any marking which is likely to deceive any person as to the meaning or form, or both, of an authorised mark; or

(b) from which, to his knowledge, an authorised mark has been removed.

(5) Where an offence under this regulation has been committed in respect of a relevant instrument which has not been put into use, the instrument, and any implement used in the commissioning of the offence, shall be liable to be forfeited.

(6) A reference in this regulation to other provisions of these Regulations includes a reference to corresponding provisions under the laws of other member States.

(7) In this regulation, “authorised mark” means the CE marking, the M marking or the identification number of the notified body which carried out the conformity assessment procedure in respect of the relevant instrument.

(1)

S.I. 1983/684.