The Weights and Measures Regulations 1963

PART I GENERAL

Application

1.—(1) Subject to paragraph (2) of this regulation, these Regulations shall apply to all weighing and measuring equipment for use for trade of the following classes:—

(a) linear measures;

(b) liquid capacity measures;

(c) dry capacity measures;

(d) weights;

(e) beam scales;

(f) balances;

(g) counter machines;

(h) spring balances;

(i) steelyards;

(j) dead-weight machines;

(k) platform weighing machines;

(l) weighbridges;

(m) crane weighing machines;

(n) automatic weighing machines;

and such equipment is hereby prescribed for the purposes of section 11(1) of the Weights and Measures Act 1963;

Provided that, in so far as they relate to the material of which any such equipment shall be made, these Regulations shall not apply to equipment for use in the manufacture of explosives.

(2) Nothing in these Regulations shall apply to any weighing or measuring equipment of the following descriptions:—

(a) weighing equipment for use by the public for weighing a person;

(b) weighing equipment for use only for weighing coins or currency notes for the purpose of determining their number.

Inspection and testing of weighing and measuring equipment for use for trade

2.  Weighing and measuring equipment shall be submitted for testing and tested, in a clean condition.

3.  An inspector shall not test measures made of glass or earthenware on the premises of a maker of or dealer in such measures, or on any premises rented from such a maker or dealer, unless he is authorised by the Board so to do.

4.  Weighing or measuring equipment submitted for testing shall be complete in itself, and shall not bear a maker's mark or any trade mark which, in the opinion of the inspector, might reasonably be mistaken for the prescribed stamp.

Passing as fit for use for trade

5.—(1) No weighing or measuring equipment shall be passed as fit for use for trade unless—

(a) subject to paragraph (2) of this regulation, it complies with the appropriate requirements of these Regulations:

Provided that any equipment falling within the prescribed limits of error which was first stamped prior to the 1st January 1908 may be passed as fit for use for trade until the expiration of the period of five years beginning with the date of the coming into operation of these Regulations notwithstanding that it fails to comply with the appropriate requirements of these Regulations: and

(b) in the case of—

(i) a dry capacity measure with more than one purported value in terms of units of capacity measurement and commonly known as a double measure;

(ii) weighing or measuring equipment presenting any novel feature;

(iii) a weighing instrument with removable hooks (other than the hooks or bearings of swan-neck beams, or the hooks at the end of the steelyard indicators on weighing instruments constructed on the compound lever principle);

(iv) a counter machine with sliding counterpoises;

(v) a steelyard which is of the reversible type and has three hooks, or is constructed on the accelerating weighing instrument principle, or is of the counter type, or is constructed without a zero graduation, or has a capacity of less than 56 pounds;

(vi) a price computing weighing instrument;

it is made in accordance with a pattern in respect of which a certificate of approval granted or deemed to have been granted under section 12 of the Weights and Measures Act 1963 is in force, or with such a pattern modified in accordance with an authorisation for the time being in force under the said section 12;

(c) in the case of a weight or a capacity measure, it is not marked with an indication of its purported value in units of both the imperial system and the metric system;

(d) it is sufficiently strong to withstand the wear and tear of ordinary use in trade.

(2) Nothing in paragraph (1)(a) of this regulation shall prohibit the passing as fit for use for trade of any avoirdupois weight of the bell type which was first stamped prior to the 1st January 1954 and which falls within the prescribed limits of error.

Stamping

6.—(1) Subject to paragraph (2) of this regulation, no weighing or measuring equipment shall be stamped unless it contains a plug or stud of soft metal for the reception of an inspector's stamp, such plug or stud being made irremovable by undercutting or otherwise.

(2) Paragraph (1) of this regulation shall not apply to:—

(a) linear measures;

(b) capacity measures made of glass, earthenware, enamelled-metal, plastic or vulcanite;

(c) liquid capacity measures made of metal;

(d) dry capacity measures made of material other than metal;

(e) avoirdupois weights made of stainless steel;

(f) metric weights other than weights made of iron;

(g) grain weights, troy weights, apothecaries weights or pennyweights;

(h) balances.

Obliteration of stamps

7.  Stamps shall be obliterated by an inspector, in accordance with the requirements of these Regulations, by means of punches or pincers of a six-pointed star design as shown in the following illustration:—

8.—(1) Subject to paragraphs (3), (4) and (5) of this regulation, an inspector shall obliterate the stamp on any weighing or measuring equipment which falls outside the prescribed limits of error or fails to comply with the appropriate requirements of these Regulations.

(2) An inspector shall obliterate the stamp on—

(a) any weight or measure if, owing to its being broken, much indented or otherwise damaged, it does not, in the opinion of the inspector, admit of proper adjustment;

(b) any weight or measure which, since it was last stamped, has, in the opinion of the inspector, had its accuracy affected by reason of any alteration, addition adjustment or repair;

(c) any equal-armed weighing instrument which, since it was last stamped, has been altered, adjusted or repaired;

(d) any other weighing instrument which, since it was last stamped, has been so altered, adjusted or repaired that, in the opinion of the inspector, it has become necessary to ascertain that the indications of the instrument remain correct throughout its range.

(3) In the case of any weighing or measuring equipment found upon testing not to comply with the requirements of these Regulations by reason only that it falls outside the prescribed limits of error, an inspector may serve upon the person for the time being in possession of that equipment a notice requiring him to have the equipment corrected within a specified period not exceeding 28 days; and, without prejudice to the duty of the inspector under paragraph (1) of this regulation to obliterate the stamp on that equipment on other grounds, the inspector shall not obliterate the stamp on that equipment for the reasons aforesaid unless upon the expiration of the said period the equipment is found upon testing to fall outside the prescribed limits of error.

(4) Nothing in paragraph (1) of this regulation shall require an inspector, until the expiration of the period of five years beginning with the date of the coming into operation of these Regulations, to obliterate the stamp of any weighing or measuring equipment falling within the prescribed limits of error which—

(a) bears a stamp applied prior to 1st January 1908; or

(b) was first stamped prior to the 1st January 1908 and which bears a stamp applied pursuant to any Regulations in force immediately before the date of the coming into operation of these Regulations.

(5) Nothing in paragraph (1) of this regulation shall require an inspector to obliterate the stamp on any avoirdupois weight of the bell type which bears a stamp applied prior to the 1st January 1954 and which falls within the prescribed limits of error.