The Measuring Instruments (Material Measures of Length) Regulations 2006

Regulations 2(1) and 14(1)

SCHEDULE 1 ESSENTIAL REQUIREMENTS

1.  The essential requirements are the relevant requirements relating to material measures of length contained in Annex I and MI-008 set out in this Schedule.

Definitions

2.  In this Schedule—

“influence quantity” means a quantity that is not the measurand but that affects the result of measurement;

“measurand” means the particular quantity subject to measurement;

“rated operating conditions” means the values for the measurand and influence quantities making up the normal working conditions of a material measure of length;

Allowable Errors

3.—(1) Under rated operating conditions, the error of measurement shall not exceed the maximum permissible error (MPE) value set out in paragraph 14.

(2) Unless stated otherwise, MPE is expressed as a bilateral value of the deviation from the true measurement value.

(3) The manufacturer shall specify the climatic environment in which the material measure of length is intended to be used and other influence quantities likely to affect its accuracy, taking account of the requirements laid down in this Schedule.

Reproducibility

4.  The application of the same measurand in a different location or by a different user, all other conditions being the same, shall result in the close agreement of successive measurements. The difference between the measurement results shall be small when compared with the MPE.

Repeatability

5.  The application of the same measurand under the same conditions of measurement shall result in the close agreement of successive measurements. The difference between the measurement results shall be small when compared with the MPE.

Durability

6.  A material measure of length shall be designed to maintain an adequate stability of its metrological characteristics over a period of time estimated by the manufacturer, provided that it is properly installed, maintained and used according to the manufacturer’s instruction when in the environmental conditions for which it is intended.

Reliability

7.  A material measure of length shall be designed to reduce as far as possible the effect of a defect that would lead to an inaccurate measurement result, unless the presence of such a defect is obvious.

Suitability

8.—(1) A material measure of length shall have no feature likely to facilitate fraudulent use, whereas possibilities for unintentional misuse shall be minimal.

(2) A material measure of length shall be suitable for its intended use taking account of the practical working conditions and shall not require unreasonable demands of the user in order to obtain a correct measurement result.

(3) A material measure of length shall be robust and its materials of construction shall be suitable for the conditions in which it is intended to be used.

Protection against corruption

9.  A hardware component that is critical for metrological characteristics shall be designed so that it can be secured. Security measures foreseen shall provide for evidence of an intervention.

Information to be borne by and to accompany the material measure of length

10.—(1) A material measure of length shall bear the following inscriptions—

(a) manufacturer’s mark or name;

(b) information in respect of its accuracy;

(c) measuring range;

plus, when applicable:

(d) information in respect of the conditions of use;

(e) identity marking;

(f) number of the EC-type examination certificate or the EC design examination certificate; and

(g) information whether or not additional devices providing metrological results comply with these Regulations.

(2) A material measure of length of dimensions too small to allow it to bear the relevant information shall have its packaging, if any, and the accompanying documents required by the provision of these Regulations suitably marked.

(3) The material measure of length shall be accompanied by information on its operation, unless the simplicity of the measure makes this unnecessary. Information shall be easily understandable and shall include where relevant—

(a) rated operating conditions;

(b) the upper and lower temperature limit, whether condensation is possible or not, open or closed location;

(c) instructions for installation, maintenance, repairs, permissible adjustments;

(d) instructions for correct operation and any special conditions of use.

(4) The scale interval for a measured value shall be in the form 1 x 10ⁿ, 2 x 10ⁿ or 5 x 10ⁿ, where n is any integer or zero. The unit of measurement or its symbol shall be shown close to the numerical value.

(5) Millimetre scales shall be numbered every centimetre and material measure of lengths with a scale interval greater than 2 cm shall have all scale marks numbered.

(6) The nominal value shall be marked on the material measure of length accompanied by the unit of measurement used.

(7) The units of measurement used and their symbols shall be in accordance with the provisions of Community legislation on units of measurement and their symbols.

(8) All marks and inscriptions required under any requirement shall be clear, non-erasable, unambiguous and non-transferable.

Indication of result

11.  The indication of any result shall be clear and unambiguous and accompanied by such marks and inscriptions necessary to inform the user of the significance of the result. Easy reading of the presented result shall be permitted under normal conditions of use. Additional indications may be shown provided they cannot be confused with the metrologically controlled indications.

Conformity evaluation

12.  A material measure of length shall be designed so as to allow ready evaluation of its conformity with the appropriate requirements of these Regulations.

Reference Conditions

13.—(1) For tapes of length equal to or greater than five metres, the maximum permissible errors (MPEs) are to be met when a tractive force of fifty newtons or other force values as specified by the manufacturer and marked on the tape accordingly, or in the case of rigid or semi-rigid material measure of lengths no tractive force is needed, is applied.

(2) The reference temperature is 20°C unless otherwise specified by the manufacturer and marked on the material measure of length accordingly.

MPE

14.—(1) The MPE, positive or negative in mm, between two non-consecutive scale marks is—

where—

(a)

L is the value of the length rounded up to the next whole metre; and

(b)

a and b are given in Table 1 below.

(2) When a terminal interval is bounded by a surface, the MPE for any distance beginning at this point is increased by the value c given in Table 1.

Table 1

Accuracy Class	a (mm)	b (mm)	c (mm)
I	0.1	0.1	0.1
II	0.3	0.2	0.2
III	0.6	0.4	0.3

(3) The MPE for the length between consecutive scale marks, and the maximum permissible difference between two consecutive intervals, are given in Table 2 below.

Table 2

Length i of the interval	MPE or difference in millimetres according to accuracy class
	I	II	III
i≤mm	0.1	0.2	0.3
1 mm < i ≤1 cm	0.2	0.4	0.6

(4) Where a rule is of the folding type, the jointing shall be such as not to cause any errors, supplementary to those above, exceeding 0.3 mm for Class II, and 0.5 mm for Class III.

Materials

15.—(1) Materials used for material measures of length shall be such that length variations due to temperature excursions up to ±8°C about the reference temperature do not exceed the MPE.

(2) Material measure of lengths made from material whose dimensions may alter materially when subjected to a wide range of relative humidity, may only be included in Classes II or III.

Regulations 2(1) and 8

SCHEDULE 2 NOTIFIED BODIES

PART 1 NOTIFIED BODY CRITERIA FOR DESIGNATION

1.  The body, its director and staff involved in conformity assessment tasks shall not be the designer, manufacturer, supplier, or user of the material measure of length that they inspect, nor the authorised representative of any of them. In addition, they may not be directly involved in the design, manufacture, marketing or maintenance of the measures, nor represent the parties engaged in these activities. The preceding criterion does not, however, preclude in any way the possibility of exchanges of technical information between the manufacturer and the body for the purposes of conformity assessment.

2.  The body, its director and staff involved in conformity assessment tasks shall be free from all pressures and inducements, in particular financial inducements, that might influence their judgement or the results of their conformity assessment, especially from persons or groups of persons with an interest in the results of the assessments.

3.  The conformity assessment shall be carried out with the highest degree of professional integrity and requisite competence in the field of metrology. Should the body sub-contract specific tasks, it shall first ensure that the sub-contractor meets the requirements of these Regulations, and in particular of this Schedule. The body shall keep the relevant documents assessing the sub-contractor’s qualifications and the work carried out by him under these Regulations at the disposal of the Secretary of State.

4.  The body shall be capable of carrying out all the conformity assessment tasks for which it has been designated, whether those tasks are carried out by the body itself or on its behalf and under its responsibility. It shall have at its disposal the necessary staff and shall have access to the necessary facilities for carrying out in a proper manner the technical and administrative tasks entailed in conformity assessment.

5.  The body’s staff shall have—

(a) sound technical and vocational training, covering all conformity assessment tasks for which the notified body was designated;

(b) satisfactory knowledge of the rules governing the tasks which it carries out, and adequate experience of such tasks; and

(c) the requisite ability to draw up the certificates, records and reports demonstrating that the tasks have been carried out.

6.  The impartiality of the body, its director and staff shall be guaranteed. The remuneration of the body shall not depend on the results of the tasks it carries out. The remuneration of the body’s director and staff shall not depend on the number of tasks carried out or on the results of such tasks.

7.  The body shall satisfy the Secretary of State that it has adequate civil liability insurance.

8.  The body’s director and staff shall be bound to observe professional secrecy with regard to all information obtained in the performance of their duties pursuant to these Regulations, except vis-à-vis the Secretary of State.

PART 2 FUNCTIONS

Assessment of applications for certificates or notifications

9.—(1) Subject to paragraph 10, a notified body shall assess an application made by a manufacturer for the issue of—

(a) a certificate of conformity;

(b) a design or type examination certificate; or

(c) a notification of approval of the manufacturer’s quality system,

in accordance with the Annex applicable to the relevant conformity assessment procedure in respect of a material measure of length.

(2) In determining such an application, the notified body—

(a) shall have regard to the actual or usual environment of the material measure of length; and

(b) may have regard to any other standard or other technical criteria appearing to it to be relevant.

(3) Where, in the opinion of the notified body, the material measure of length to which an application relates is compliant with the essential requirements, it shall issue a certificate or notification which is in accordance with the paragraph 12.

(4) Where, in the opinion of the notified body, the material measure of length to which an application relates is not compliant with the essential requirements, it shall issue a notice to the applicant in accordance with paragraph 15.

(5) Where a certificate or notification under sub-paragraph (3) is issued by a United Kingdom notified body, it shall send a copy to the Secretary of State.

Limitations on duties to exercise functions

10.—(1) A notified body shall not accept an application for a certificate or notification in respect of a material measure of length unless the application—

(a) is in writing, in English or another language acceptable to that notified body;

(b) is accompanied by all relevant documentation, in which all writing is in English or another language acceptable to that notified body; and

(c) includes particulars of which applicable standards the manufacturer has applied or proposes to apply in respect of the measure.

(2) A notified body shall not be required to determine an application for a certificate or notification where the manufacturer has not—

(a) granted the notified body access to a material measure of length to which the application relates or the production facilities for the measure (including, where applicable, the production facilities envisaged in relation to a representative measure) to the extent that the notified body reasonably requests; and

(b) made available to the notified body such information as it may reasonably require to determine the application.

(3) A notified body shall not be required to carry out the functions referred to in regulation 7(4) (d) if—

(a) the person making the application has not submitted with the application the amount of the fee which the notified body requires to be submitted with the application pursuant to regulation 11; or

(b) the notified body reasonably believes that, having regard to the number of applications made to it pursuant to its designation which are outstanding, it will be unable to commence the required work within three months of receiving the application.

Contractors

11.—(1) A notified body may, in exercising its functions—

(a) arrange for some other person to carry out any test, assessment or inspection on its behalf; or

(b) require the applicant to satisfy another person with respect to any matter at the applicant’s expense.

(2) But nothing in sub-paragraph (1) authorises a notified body to rely on the opinion of another person with regard to whether a material measure of length is compliant with the any of the essential requirements of these Regulations.

(3) Nothing in these Regulations shall preclude a person referred to in sub-paragraph (1)(a) or (1)(b) above from charging any fee in respect of any work undertaken by him in pursuance of those sub-paragraphs.

Form of certificates and notifications

12.—(1) A certificate or notification issued by a notified body shall be in writing and, in addition to the requirements provided for in the relevant conformity assessment procedure, shall—

(a) be in English;

(b) give the name and address—

(i) of the applicant;

(ii) where the applicant is not the manufacturer, of the manufacturer;

(c) be signed on behalf of the notified body and give the identification number of the notified body;

(d) bear—

(i) the date of issue; and

(ii) the number of the certificate or notification.

(e) give particulars of the relevant material measure of length (where applicable, in relation to each variant) to which it relates sufficient to identify it, and shall state whether the measure to which it relates is a single item or a representative, or if it covers a number of variants of that measure; and

(f) certify that the material measure of length to which it relates is compliant with the essential requirements.

Conditions in certificates or notifications

13.—(1) A certificate or notification may be unconditional or may be subject to such conditions as the notified body considers appropriate.

(2) Such conditions may include a limitation on the environment for which the material measure of length is stated to be suitable.

(3) The conditions imposed pursuant to sub-paragraph (1) above may be varied in accordance with paragraph 15 by the notified body which issued the certificate or notification and such variation may include the imposition of new conditions or the removal of conditions.

Withdrawal of certificates or notifications

14.—(1) The notified body which issued the certificate or notification shall withdraw that certificate or notification in accordance with paragraph 15, if it appears that the material measure of length to which it relates is not compliant with the essential requirements.

Procedure where a notified body is minded to refuse to give, or to vary or withdraw a certificate or notification

15.—(1) Where a notified body is minded to—

(a) refuse to issue a certificate or notification;

(b) vary a certificate or notification (other than at the request of the person to whom it was given); or

(c) withdraw a certificate or notification,

it shall give the applicant, or the person to whom the certificate or notification was given, a notice in writing—

(i) giving reasons for the refusal, variation or withdrawal;

(ii) specifying the date on which the refusal, variation or withdrawal is to take effect; and

(iii) giving the applicant or person the opportunity to make representations within 21 days from the date of the notice and stating that the notified body shall consider any representations made to it within that period by that applicant or person.

(2) Where a notified body, having considered representations made to it under sub-paragraph (1), remains of the opinion that—

(a) an application for a certificate or notification should be refused; or

(b) a certificate or notification should be varied or withdrawn,

it shall inform the applicant, or the person to whom the certificate or notification was given, of that decision in writing and give that applicant or person information about the judicial remedies available to him.

(3) Where a notice is given under sub-paragraph (1) by a United Kingdom notified body, it shall send a copy to the Secretary of State.

Regulation 6(2)

SCHEDULE 3 TECHNICAL DOCUMENTATION

1.  The technical documentation shall render the design, manufacture and operation of the material measure of length intelligible and shall permit an assessment of its conformity with the appropriate requirements of these Regulations.

2.  The technical documentation shall be sufficiently detailed to ensure—

(a) the definition of the metrological characteristics,

(b) the reproducibility of the metrological performances of produced material measure of lengths when properly adjusted using appropriate intended means, and

(c) the integrity of the material measure of length.

3.  The technical documentation shall include insofar as relevant for assessment and identification of the material measure of length:

(a) a general description of the measure;

(b) manufacturing procedures to ensure consistent production;

(c) descriptions and explanations necessary for the understanding of sub-paragraph (b), including the operation of the measure;

(d) a list of the relevant national standards and/or relevant normative documents, applied in full or in part;

(e) descriptions of the solutions adopted to meet the essential requirements where the standards and/or normative documents referred to in regulation 5(1) have not been applied;

(f) results of design calculations and examinations;

(g) the appropriate test results, where necessary, to demonstrate that the type and/or measure is compliant with the requirements of these Regulations under declared rated operating conditions; and

(h) the EC-type examination certificates or EC design examination certificates in respect of material measure of lengths containing parts identical to those in the design.

4.  The manufacturer shall specify where markings have been applied.

Regulation 12(3)

SCHEDULE 4 MARKING AND INSCRIPTIONS

1.  The CE marking consists of the symbol “CE” according to the design laid down in paragraph I.B(d) of the Annex to Decision 93/465/EEC(1). The CE marking shall be at least 5 mm high.

2.  The M marking consists of the capital letter “M” and the last two digits of the year of its affixing, surrounded by a rectangle. The height of the rectangle shall be equal to the height of the CE marking. The M marking shall immediately follow the CE marking.

3.  The identification number of the notified body concerned shall follow the CE marking and the M marking.

4.  When a material measure of length is too small or too sensitive to carry the CE marking and the M marking, the markings shall be carried by the packaging, if any, and by the accompanying documents required by these Regulations.

5.  The CE marking and the M marking shall be indelible. The identification number of the notified body concerned shall be indelible or self-destructive upon removal. All markings shall be clearly visible or easily accessible.

Regulation 30

SCHEDULE 5 ADAPTATIONS FOR NORTHERN IRELAND

1.  In regulation 2(2), the reference to the Weights and Measures Act 1985(2) shall be construed as a reference to the Weights and Measures (Northern Ireland) Order 1981(3).

2.  Part III does not apply to Northern Ireland.

3.  In regulation 16—

(a) for paragraph (1), substitute the following paragraph—

“(1) The Department of Enterprise, Trade and Investment shall enforce these Regulations in Northern Ireland.”; and

(b) for paragraph (3), substitute the following paragraph—

“(3) No proceedings for an offence under these Regulations shall be instituted in Northern Ireland except by or on behalf of the Department of Enterprise, Trade and Investment or the Director of Public Prosecutions for Northern Ireland.”.

4.  In regulation 23—

(a) the reference in paragraph (3) to written information on oath shall be construed as a reference to a complaint on oath; and

(b) for paragraph (9) substitute the following paragraph—

“(9) In this regulation “credentials” in relation to an enforcement officer means an authenticated document showing that he is authorised to act to exercise the powers conferred on him by this regulation.”.

5.  In regulation 29(3) the reference to sub-section (1) of section 14 of the Civil Evidence Act 1968 shall be construed as a reference to sub-section (1) of section 10 of the Civil Evidence Act (Northern Ireland) 1971(4).

(1)

OJ No. L220, 30.8.93, p.23.

(2)

1985 c. 72.

(3)

S.I. 1981/231 (N.I. 10) and see S.I. 1982/846 (N.I. 11) and 1999/283 (N.I. 1).

(4)

1971 c. 36.