The Weighing and Measuring Equipment and Meters (Amendment of Secondary Legislation) (EU Exit) Regulations 2018

Statutory Instruments

2018 No. 1387

Exiting The European Union

Electricity

Gas

Weights And Measures

The Weighing and Measuring Equipment and Meters (Amendment of Secondary Legislation) (EU Exit) Regulations 2018

Sift requirements satisfied

13th November 2018

Made

18th December 2018

Laid before Parliament

19th December 2018

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018(1).

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Weighing and Measuring Equipment and Meters (Amendment of Secondary Legislation) (EU Exit) Regulations 2018.

(2) These Regulations come into force on exit day.

(3) These Regulations extend to England and Wales and Scotland.

Amendments to secondary legislation

2.  The Schedule contains amendments to secondary legislation.

Kelly Tolhurst

Parliamentary Under Secretary of State

Department for Business, Energy and Industrial Strategy

18th December 2018

Regulation 2

SCHEDULE AMENDMENTS TO SECONDARY LEGISLATION

Gas (Meters) Regulations 1983

1.  In the Gas (Meters) Regulations 1983(2) in regulation 3A(1) omit “other than the United Kingdom”.

Measuring Equipment (Liquid Fuel delivered from Road Tankers) Regulations 1983

2.—(1) The Measuring Equipment (Liquid Fuel delivered from Road Tankers) Regulations 1983(3) are amended as follows.

(2) In regulation 55A—

(a) in the heading for “another member State” substitute “a member State”;

(b) in paragraph (1) for “another member State” substitute “a member State”;

(c) in paragraph (2)(b) omit “other than the United Kingdom”.

(3) In regulation 57 for “another member State”, in both places, substitute “a member State”.

Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) Regulations 1986

3.—(1) The Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) Regulations 1986(4) are amended as follows.

(2) In regulation 23A—

(a) in the heading for “another member State” substitute “a member State”;

(b) in paragraph (1) for “another member State” substitute “a member State”;

(c) in paragraph (2)(b) omit “other than the United Kingdom”.

(3) In regulation 32A—

(a) in the heading for “another member State” substitute “a member State”;

(b) in paragraph (1) for “another member State” substitute “a member State”;

(c) in paragraph (2)(b) omit “other than the United Kingdom”.

(4) In regulation 34(2) for “another member State” substitute “a member State”.

Measuring Equipment (Measures of Length) Regulations 1986

4.—(1) The Measuring Equipment (Measures of Length) Regulations 1986(5) are amended as follows.

(2) In regulation 23B—

(a) in the heading for “another member State” substitute “a member State”;

(b) in paragraph (1) for “another member State” substitute “a member State”;

(c) in paragraph (2)(b) omit “other than the United Kingdom”.

(3) In regulation 25 for “another member State”, in both places, substitute “a member State”.

Measuring Equipment (Cold-water Meters) Regulations 1988

5.—(1) The Measuring Equipment (Cold-water Meters) Regulations 1988(6) are amended as follows.

(2) In regulation 7A—

(a) in the heading for “another member State” substitute “a member State”;

(b) in paragraph (1) for “another member State” substitute “a member State”;

(c) in paragraph (2)(b) omit “other than the United Kingdom”.

(3) In regulation 8(1A) for “another member State” substitute “a member State”.

Measuring Equipment (Capacity Measures and Testing Equipment) Regulations 1995

6.—(1) The Measuring Equipment (Capacity Measures and Testing Equipment) Regulations 1995(7) are amended as follows.

(2) In regulation 2(1) in the definition of “EEA State” omit “other than the United Kingdom”.

(3) In regulation 13—

(a) in the heading for “another member State” substitute “a member State”;

(b) in paragraph (1) for “another member State” substitute “a member State”.

(4) In regulation 16(1) and (2) for “another member State” substitute “a member State”.

Measuring Equipment (Liquid Fuel and Lubricants) Regulations 1995

7.  In the Measuring Equipment (Liquid Fuel and Lubricants) Regulations 1995(8) in regulation 18(2)(b) omit “other than the United Kingdom”.

Meters (Approval of Pattern or Construction and Manner of Installation) Regulations 1998

8.—(1) The Meters (Approval of Pattern or Construction and Manner of Installation) Regulations 1998(9) are amended as follows.

(2) In regulation 2(1) in the definition of “EEA State” at the end insert “, but does not include the United Kingdom”.

(3) In regulation 5(5) omit “other”.

Meters (Certification) Regulations 1998

9.—(1) The Meters (Certification) Regulations 1998(10) are amended as follows.

(2) In regulation 2(1) in the definition of “EEA State” at the end insert “, but does not include the United Kingdom”.

(3) In regulation 3(1)(b) omit “other”.

(4) In regulation 4(1)(b) omit “other”.

(5) In regulation 8(1)(c) and (2) omit “other”.

Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000

10.—(1) The Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000(11) are amended as follows.

(2) In regulation 8—

(a) in the heading for “another EEA State” substitute “an EEA State”;

(b) in paragraph (1) for “another EEA State” substitute “an EEA State”;

(c) in paragraph (2)(b) omit “other than the United Kingdom”.

(3) In regulation 9(2) for “another EEA State” substitute “an EEA State”.

Weighing Equipment (Non-automatic Weighing Machines) Regulations 2000

11.—(1) The Weighing Equipment (Non-automatic Weighing Machines) Regulations 2000(12) are amended as follows.

(2) In regulation 36—

(a) in the heading for “another member State” substitute “a member State”;

(b) in paragraph (1) for “another member State” substitute “a member State”.

(3) In regulation 39(5) for “another member State” substitute “a member State”.

Weighing Equipment (Beltweighers) Regulations 2001

12.—(1) The Weighing Equipment (Beltweighers) Regulations 2001(13) are amended as follows.

(2) In regulation 14—

(a) in the heading for “another EEA State” substitute “an EEA State”;

(b) in paragraph (1) for “another EEA State” substitute “an EEA State”;

(c) in paragraph (2)(b) omit “other than the United Kingdom”.

(3) In regulation 15(2) for “another EEA State” substitute “an EEA State”.

Weighing Equipment (Automatic Rail-weighbridges) Regulations 2003

13.—(1) The Weighing Equipment (Automatic Rail-weighbridges) Regulations 2003(14) are amended as follows.

(2) In regulation 8—

(a) in the heading for “another EEA State” substitute “an EEA State”;

(b) in paragraph (1) for “another EEA State” substitute “an EEA State”;

(c) in paragraph (2)—

(i) in sub-paragraph (a) for “another EEA State” substitute “an EEA State”;

(ii) in sub-paragraph (b) omit “other than the United Kingdom”.

(3) In regulation 9(2) for “another EEA State” substitute “an EEA State”.

Weighing Equipment (Automatic Catchweighing Instruments) Regulations 2003

14.—(1) The Weighing Equipment (Automatic Catchweighing Instruments) Regulations 2003(15) are amended as follows.

(2) In regulation 9—

(a) in the heading for “another EEA State” substitute “an EEA State”;

(b) in paragraph (1) for “another EEA State” substitute “an EEA State”;

(c) in paragraph (2)(b) omit “other than the United Kingdom”.

(3) In regulation 10(2) for “another EEA State” substitute “an EEA State”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 in order to address deficiencies in retained EU law arising from the withdrawal of the United Kingdom from the European Union (“the EU”). The deficiencies fall within section 8(2)(g) and (3)(a) of that Act.

These Regulations amend secondary legislation relating to weighing and measuring equipment and meters. That legislation contains provisions that require the recognition of testing carried out in other EU member States or in other States in the European Economic Area (“EEA States”) and that recognise technical standards and requirements applicable in such States. The references to EU member States and EEA States other than the United Kingdom reflect the United Kingdom’s former membership of the EU and the EEA and are no longer appropriate. These Regulations amend them accordingly so that they are references simply to member States of the EU and EEA States.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

2018 c. 16.

(2)

S.I. 1983/684, amended by S.I. 1993/1521; there are other amending instruments but none is relevant.

(3)

S.I. 1983/1390; relevant amending instruments are S.I. 1995/3117, 2003/214.

(4)

S.I. 1986/1320; relevant amending instruments are 1996/797, 2000/387, 2003/214.

(5)

S.I. 1986/1682; relevant amending instruments are S.I. 1996/2636, 2003/214.

(6)

S.I. 1988/997, amended by S.I. 2001/1229, 2003/214.

(7)

S.I. 1995/735; relevant amending instruments are S.I. 2003/214, 2009/3045.

(8)

S.I 1995/1014; relevant amending instruments are S.I. 2003/214, 2003/2110.

(9)

S.I. 1998/1565, amended by S.I. 2002/3129.

(10)

S.I. 1998/1566, amended by S.I. 2002/3129.

(11)

S.I 2000/388, amended by S.I. 2003/214; there are other amending instruments but none is relevant.

(12)

S.I. 2000/932, amended by S.I. 2003/214; there are other amending instruments but none is relevant.

(13)

S.I. 2001/1208, amended by S.I. 2003/214; there is another amending instrument but it is not relevant.

(14)

S.I. 2003/2454, to which there are amendments not relevant to these Regulations.

(15)

S.I. 2003/2761, to which there are amendments not relevant to these Regulations.