The Non-automatic Weighing Instruments Regulations 2016

Compliant regulated non-automatic weighing instruments which present a riskE+W+S

This adran has no associated Memorandwm Esboniadol

60.—(1) This regulation applies where, having carried out an evaluation under regulation 58 (regulated non-automatic weighing instruments presenting a risk), the market surveillance authority finds that although a regulated non-automatic weighing instrument is in compliance with the requirements of these Regulations, it presents a risk in relation to its use in relation to any activity referred to in regulation 3(2).

(2) Where this regulation applies, the market surveillance authority must issue a direction requiring the economic operator to—

(a)take all appropriate measures to ensure that the non-automatic weighing instrument concerned, when placed on the market, no longer presents that risk;

(b)withdraw the non-automatic weighing instrument from the market; or

(c)recall it within a reasonable period, commensurate with the nature of the risk as it may prescribe.

(3) Where this regulation applies, the market surveillance authority must immediately inform the [F1Secretary of State] of all available details including—

(a)the data necessary for the identification of the regulated non-automatic weighing instrument concerned;

(b)the origin and supply chain of the regulated non-automatic weighing instrument;

(c)the nature of the risk involved; and

(d)the nature and duration of the national measures taken.

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Compliant regulated non-automatic weighing instruments which present a riskN.I.

60.—(1) This regulation applies where, having carried out an evaluation under regulation 58 (regulated non-automatic weighing instruments presenting a risk), the market surveillance authority finds that although a regulated non-automatic weighing instrument is in compliance with the requirements of these Regulations, it presents a risk in relation to its use in relation to any activity referred to in regulation 3(2).

(2) Where this regulation applies, the market surveillance authority must issue a direction requiring the economic operator to—

(a)take all appropriate measures to ensure that the non-automatic weighing instrument concerned, when placed on the market [F2in Northern Ireland], no longer presents that risk;

(b)withdraw the non-automatic weighing instrument from the market [F3in Northern Ireland]; or

(c)recall it within a reasonable period, commensurate with the nature of the risk as it may prescribe.

(3) Where this regulation applies, the market surveillance authority must immediately inform the Commission and the other [F4relevant] states of all available details including—

(a)the data necessary for the identification of the regulated non-automatic weighing instrument concerned;

(b)the origin and supply chain of the regulated non-automatic weighing instrument;

(c)the nature of the risk involved; and

(d)the nature and duration of the national measures taken.

Extent Information

E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments