The Measuring Instruments Regulations 2016

Regulation 61

SCHEDULE 6 U.K. IN SERVICE REQUIREMENTS FOR CERTAIN REGULATED MEASURING INSTRUMENTS IN GREAT BRITAIN

PART 1 U.K. INTRODUCTORY

1.—(1) This Schedule applies to the use for trade of regulated measuring instruments as follows— U.K.

(a) Part 2 applies to water meters used for trade for the supply of potable water in the temperature range from 0.1°C to and including 30°C;

(b) Part 3 applies to measuring systems which are used for the continuous and dynamic measurement in a quantity not exceeding 100 litres or 100 kilograms of a liquid fuel, lubricant or a mixture of fuel and lubricant other than—

(i) liquefied petroleum gas; or

(ii) liquefied natural gas;

(c) Part 4 applies to measuring systems (other than one used in connection with the refuelling of aircraft, ships or hovercraft) which are used for the continuous and dynamic measurement in a quantity exceeding 100 litres or 100 kilograms of liquid fuels delivered from a road tanker other than—

(i) liquefied gases;

(ii) lubricating oils;

(iii) liquid fuels of a temperature below -153°C; or

(iv) liquid fuels of a dynamic viscosity exceeding 100 millipascal seconds at 15°C;

(d) Part 5 applies to automatic catchweighers;

(e) Part 6 applies to automatic gravimetric filling instruments;

(f) Part 7 applies to automatic discontinuous totalisers;

(g) Part 8 applies to automatic rail weighbridges;

(h) Part 9 applies to beltweighers;

(i) Part 10 applies to material measures of length; and

(j) Part 11 applies to capacity serving measures.

(2) In this Schedule, “minimum measured quantity” means, in relation to a measuring system, the smallest quantity of liquid fuel for which the measurement is metrologically acceptable for the measuring system.

PART 2 U.K. COLD WATER METERS

Requirements for use for trade U.K.

2.  No person may use for trade a water meter for the supply of potable water to domestic premises in the temperature range from 0.1°C to and including 30°C (“a cold water meter”) unless—

(a) it is compliant with the essential requirements applicable to cold water meters (other than the provisions relating to maximum permissible errors);

(b) it operates within the maximum permissible errors set out in paragraph 3; and

(c) the requirements of paragraph 4 are complied with.

Maximum permissible error U.K.

3.—(1) Where a cold-water meter is used for trade within a flowrate range set out in column 1 of the following Table, it must operate within the maximum permissible error specified for that flowrate range set out in column 2 of that Table.

Column 1	Column 2
Flowrate range	Maximum permissible error as a percentage of quantity delivered
Q1 to ˂ Q2	± 6%
Q2 to and including Q4	± 2.5%

(2) For the purposes of that Table—

(a) “Q₁” is the lowest flowrate at which the cold-water meter provides indications that satisfy the requirements concerning the maximum permissible errors;

(b) “Q₂” is the flowrate value occurring between the permanent and minimum flowrates, at which the flowrate range is divided into two zones, the upper zone and the lower zone, each zone having a characteristic maximum permissible error;

(c) “Q₃” is the permanent flowrate; and

(d) “Q₄” is the highest flowrate at which the cold-water meter operates in a satisfactory manner.

4.—(1) Where a cold water meter is marked with— U.K.

(a) a temperature range, it must not be used for trade in temperatures outside that range; or

(b) a flowrate range, it must not be used at a flowrate outside that range.

(2) Where a cold-water meter bears a mark which signifies the manner and purposes of use, it must not be used for trade in a manner or for a purpose which does not accord with that marking.

(3) A cold water meter must not be used for trade in circumstances—

(a) in which it may be prevented from operating consistently or accurately; or

(b) which are likely prematurely to degrade its metrological characteristics.

(4) A cold-water meter must not be used for trade unless, when adjusted, the calibration of the instrument is set as close to zero as practicable.

PART 3 U.K. LIQUID FUEL AND LUBRICANTS

Requirements for use for trade U.K.

5.  In this Part of this Schedule, “ measuring system” means a measuring system which is used for the continuous and dynamic measurement in a quantity not exceeding 100 litres or 100 kilograms of a liquid fuel, lubricant or a mixture of fuel and lubricant other than—

(a) liquefied petroleum gas; or

(b) liquefied natural gas.

6.  No person may use for trade a measuring system unless— U.K.

(a) it is compliant with the essential requirements other than the provisions relating to maximum permissible errors;

(b) it is so positioned as to facilitate testing;

(c) it operates within the maximum permissible errors in paragraph 7; and

(d) the requirements of paragraph 8 are complied with.

Maximum permissible error U.K.

7.—(1) In the case of a measuring system used to measure a quantity of liquid fuel—

(a) above the minimum measured quantity of the measuring system, the maximum permissible error shall be determined in accordance with the following Table.

	Accuracy class of measuring system
	0.3	0.5	1.0	1.5	2.5
Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
Quantity	MPE	MPE	MPE	MPE	MPE
Less than 0.1L	+ 4.8mL -2.4mL	+8mL -4mL	+16mL -8mL	+24mL -12mL	+40mL -20mL
From 0.1L to ˂ 0.2L	+ 4.8% -2.4%	+ 8% -4%	+16% -8%	+ 24% -12%	+ 40% -20%
From 0.2L to ˂ 0.4L	+ 4.8mL -2.4mL	+ 8mL -4mL	+ 16mL -8mL	+ 24mL -12mL	+ 40mL -20mL
From 0.4L to ˂ 1L	+ 1.2% -0.6%	+ 2% -1%	+ 4% -2%	+ 6% -3%	+ 10% -5%
From 1L to ˂ 2L	+12mL -6mL	+20mL -10mL	+40mL -20mL	+60mL -30mL	+100mL -50mL
2L or more	+0.6% -0.3%	+1% -0.5%	+2% -1%	+3% -1.5%	+5% -2.5%

(b) equal to the minimum measured quantity of the measuring system, the maximum permissible error shall be determined in accordance with the following Table.

	Accuracy class of measuring system
	0.3	0.5	1.0	1.5	2.5
Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
Quantity	MPE	MPE	MPE	MPE	MPE
Less than 0.1L	+4.8mL -2.4mL	+8mL -4mL	+16mL -8mL	+24mL -12mL	+40mL -20mL
From 0.1L to ˂ 0.2L	+ 4.8% -2.4%	+8% -4%	+ 16% -8%	+24% -12%	+40% -20%
From 0.2L to ˂ 0.4L	+ 9.6mL -4.8mL	+ 16mL -8mL	+ 32mL -16mL	+ 48mL -24mL	+ 80mL -40mL
From 0.4L to ˂ 1L	+ 2.4% -1.2%	+ 4% -2%	+8% -4%	+ 12% -6%	+ 20% -10%
From 1L to ˂ 2L	+24mL -12mL	+40mL -20mL	+80mL -40mL	+120mL -60mL	+200mL -100mL
2L or more	+1.2% -0.6%	+2% -1%	+4% -2%	+6% -3%	+10% -5%

(2) But the maximum permissible error for a quantity above the minimum measured quantity of the measuring system shall not be less than the maximum permissible error for a quantity equal to the minimum measured quantity.

(3) Where the measuring system falls within an accuracy class of 0.3, 0.5, 1.0, 1.5 or 2.5, it shall, for a quantity set out in column 1 of the relevant Table, operate within the maximum permissible error set out in column 2, 3, 4, 5 or 6 of that Table for that class and that quantity.

Manner of use U.K.

8.—(1) Where a measuring system is marked with—

(a) a temperature range, it must not be used for trade in temperatures outside that range; and

(b) a flowrate range, it must not be used for trade at a flowrate outside that range.

(2) A measuring system must not be used for trade unless it is marked in a manner which is sufficiently clear to enable the buyer to identify the product which that measuring system delivers but this paragraph does not apply where the measuring system is used in the absence of the buyer.

(3) A measuring system must not be used for trade in circumstances which are likely prematurely to degrade its metrological characteristics.

(4) A measuring system must not be used for trade unless the sales indicator—

(a) is set to zero before measurement of the liquid fuel commences;

(b) remains at zero until that fuel starts to emerge from the system;

(c) is not reset to zero during measurement of that fuel; and

(d) cannot be advanced by any means other than by the discharge of that fuel from the system and the proper operation of the system.

(5) If a measuring system is adjusted, it must not be used for trade unless the calibration of the system is set as close to zero error as is practicable.

(6) Where a measuring system used for trade bears a mark (other than a mark referred to in paragraph (1)) which signifies the manner and purpose of use, that system must not be used in a manner or for a purpose which does not accord with that marking.

(7) A measuring system must not be used in circumstances in which it may be prevented from operating consistently or accurately.

(8) Nothing in paragraphs (6) or (7) shall prevent the use for trade of a measuring system where a buyer chooses to take a delivery which is less than the minimum measured quantity.

PART 4 U.K. LIQUID FUEL DELIVERED FROM ROAD TANKERS

Requirements for use for trade U.K.

9.  In this Part of this Schedule, “ measuring system” means a measuring system (other than one used in connection with the refuelling of aircraft, ships or hovercraft) which is used for the continuous and dynamic measurement in a quantity exceeding 100 litres or 100 kilograms of liquid fuel delivered from a road tanker other than—

(a) liquefied gases;

(b) lubricating oils;

(c) liquid fuels of a temperature below -153°C; or

(d) liquid fuels of a dynamic viscosity exceeding 100 millipascal seconds at 15°C.

10.  No person shall use for trade a measuring system unless— U.K.

(a) it is compliant with the essential requirements other than the provisions relating to maximum permissible errors;

(b) it is erected an installed so as to facilitate testing;

(c) it operates within the maximum permissible errors in paragraph 11; and

(d) the requirements of paragraphs 12 and 13 are complied with.

Maximum permissible error U.K.

11.—(1) A measuring system which falls within an accuracy class of 0.3, 0.5 or 1.0 must, when used to measure a quantity set out in column 1 of the following Table, operate within the maximum permissible error as set out in column 2, 3 or 4 of that Table for that class and that quantity.

	Accuracy class
	0.3	0.5	1.0
Column 1	Column 2	Column 3	Column 4
Quantity delivered	Maximum permissible error	Maximum permissible error	Maximum permissible error
MMQ to and including MMQ x 2	± 0.6% x MMQ	± 1% x MMQ	±2% x MMQ
˃MMQ x 2	± 0.3% x quantity delivered	± 0.5% x quantity delivered	± 1.0% x quantity delivered

(2) In the Table, “MMQ” means minimum measured quantity.

Manner of use U.K.

12.—(1) Where a measuring system is marked with—

(a) a temperature range, it must not be used for trade in temperatures outside that range; or

(b) a flowrate range, it must not be used for trade at a flowrate outside that range.

(2) A measuring system which bears a mark which signifies the manner and purpose of use must not be used for trade in a manner or for a purpose which does not accord with that marking.

(3) If a measuring system is adjusted, it must not be used for trade unless the calibration of the system is set as close to zero error as is practicable.

(4) A measuring system must not be used for trade unless it is fitted with a ticket printing mechanism which provides an individual printed ticket.

(5) A measuring system must not be used for trade in circumstances which are likely prematurely to degrade its metrological characteristics.

(6) A measuring system must not be used for trade unless the sales indicator—

(a) is set to zero before measurement of the liquid fuel commences;

(b) remains at zero until that fuel starts to emerge from the instrument;

(c) is not reset to zero during measurement of that fuel; and

(d) cannot be advanced by any means other than by the discharge of that fuel from the instrument and the proper operation of instrument.

(7) A measuring system must not be used in circumstances—

(a) which are likely prematurely to degrade its metrological characteristics; or

(b) in which it may be prevented from operating consistently or accurately.

Minimum measured quantity U.K.

13.—(1) A measuring system must not be used to measure quantities of liquid fuel delivered from a road tanker that are less than the minimum measured quantity but this paragraph does not apply where—

(a) a measurement is made to determine payments in respect of any customs or excise duty; or

(b) a frustrated delivery has taken place and all reasonable precautions have been taken and all due diligence has been exercised to avoid a frustrated delivery.

(2) In sub-paragraph (1)(b), “frustrated delivery” means a delivery of liquid fuel from a road tanker which cannot be completed because—

(a) there is insufficient space in the buyer's storage tank;

(b) continuing the delivery would result in contamination of the liquid fuel or the mixing of different types of liquid fuel; or

(c) a component of the meter measuring system breaks down.

PART 5 U.K. AUTOMATIC CATCHWEIGHERS

Interpretation of Part E+W+S

14.  In this Part references to an automatic catchweigher are to accuracy classes Y(I), Y(II), Y(a) and Y(b) as defined in [F1 Schedule 1G].

Textual Amendments

F1 Words in Sch. 6 para. 14 substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 27 para. 53 (with Sch. 27 para. 50(a)) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Requirements for use for trade of automatic catchweighers U.K.

15.—(1) No person shall use for trade an automatic catchweigher unless—

(a) it is compliant with the essential requirements other than the provisions relating to maximum permissible errors;

(b) in the case of an automatic catchweigher of accuracy class Y(I), Y(II), Y(a) or Y(b) it operates within the maximum permissible errors in paragraph 16;

(c) the requirements of paragraphs 17 to 20 are complied with; and

(d) it has been erected and installed in accordance with the requirements of paragraph 21.

Maximum permissible error U.K.

16.—(1) The maximum permissible error for an automatic catchweigher in automatic operation is to be determined in accordance with the following table—

Net Load (m) in verification scale intervals (e)				Maximum permissible error
Y(I)	Y(II)	Y(a)	Y(b)
0 ˂ m ≤ 50 000	0 ˂ m ≤ 5 000	0 ˂ m ≤ 500	0 ˂ m ≤ 50	±2e
50 000 ˂ m ≤ 200 000	5 000 ˂ m ≤ 20 000	500 ˂ m ≤ 20 2000	50 ˂ m ≤ 200	±3e
200 000 ˂ m	20 000 ˂ m≤ 100 000	2 000 ˂ m ≤ 10 000	200 ˂ m ≤ 20 1 000	±4e

(2) The maximum permissible error for an automatic catchweigher in non-automatic operation is to be determined in accordance with the following table—

Net Load (m) in verification scale intervals (e)				Maximum permissible error
Y(I)	Y(II)	Y(a)	Y(b)
0 ˂ m ≤ 50 000	0 ˂ m ≤ 5 000	0 ˂ m ≤ 500	0 ˂ m ≤ 50	±1e
50 000 ˂ m ≤ 200 000	5 000 ˂ m ≤ 20 000	500 ˂ m ≤ 20 2000	50 ˂ m ≤ 200	±2e
200 000 ˂ m	20 000 ˂ m≤ 100 000	2 000 ˂ m ≤ 10 000	200 ˂ m ≤ 20 1 000	±3e

Manner of use U.K.

17.  An automatic catchweigher marked with a measurement range may be used for trade for determining the difference between two weights where both items fall within the measurement range.

18.  Where an automatic catchweigher is marked with a measurement range, no person may use the catchweigher for trade for determining a weight outside that range in relation— U.K.

(a) to, or to articles made from, gold, silver or other precious metals, including gold or silver thread or fringe;

(b) to precious stones or pearls; or

(c) to drugs or other pharmaceutical products.

19.  No person may use for trade an automatic catchweigher other than catchweigher of accuracy class Y(I) or Y(II) in any transaction— U.K.

(a) in, or in articles made from gold silver or other precious metals, including gold or silver thread or fringe; or

(b) in precious stones or pearls.

20.—(1) Where an automatic catchweigher is marked with a temperature range, it must not be used for trade in temperatures outside that range. U.K.

(2) Where an automatic catchweigher bears a mark which signifies the manner and purpose of use, it must not be used for trade in a manner or for a purpose which does not accord with that marking.

(3) An automatic catchweigher of accuracy class Y(b) must only be used for weighing ballast or waste.

(4) An automatic catchweigher must not be used for trade in circumstances—

(a) in which it may be prevented from operating consistently or accurately; or

(b) which are likely prematurely to degrade its metrological characteristics.

(5) For the purposes of paragraph (3), “waste” means any substance that its holder discards, or intends or is required to discard, including any waste disposed of for reprocessing or recycling purposes.

Manner of erection and installation U.K.

21.—(1) Every automatic catchweigher must be positioned so as to facilitate cleaning and testing.

(2) The installation of an automatic catchweigher must be so designed that an automatic weighing operation will be the same for testing as for use for a transaction.

(3) If an automatic catchweigher has any special equipment for its control which is not a permanent fixture of the catchweigher, it must be kept in the vicinity of the catchweigher.

PART 6 U.K. AUTOMATIC GRAVIMETRIC FILLING INSTRUMENTS

22.—(1) No person may use for trade an automatic gravimetric filling instrument unless— U.K.

(a) it is compliant with the essential requirements other than the provisions relating to permissible errors;

(b) the instrument operates within the limits of the maximum permissible error determined in accordance with paragraph 23;

(c) the requirements of paragraphs 24 and 25 are complied with;

(d) it has been erected and installed in accordance with the requirements of paragraph 26;

(e) subject to paragraph (f), where test fills are required these limits are determined on the basis of consecutive fills; and

(f) in the case of an instrument of the description and maximum capacity set out respectively, in columns 1 and 2 of the Table set out in this paragraph, it is within the accuracy class specified for that instrument in column 3 or within an accuracy class of a higher level of precision than the specified class.

Accuracy classes for automatic gravimetric filling instruments used for trade

Description of use of filling instrument	Maximum capacity of filling instruments	Accuracy Class
(1)	(2)	(3)
For use for weighing potato crisps and other snack foods	Any capacity	X(2)
For use for weighing solid fuel	110 kg or less	X(1)
For use for weighing vegetable produce	55 kg or less	X(1)
For weighing waste	Any capacity	X(1)
For use for weighing materials not described in any of the above	Less than 5 kg	X(1)
	5 kg or more	X(0.5)

Maximum permissible error U.K.

23.—(1) A automatic gravimetric filling instrument shall have a specified accuracy class X(x) for which the maximum permissible error value of each fill from the average shall be equal to the limits specified in the following table, multiplied by the class designation factor (x) calculated in accordance with sub-paragraph (2)—

Value of the mass of the fills (m) in grams	Maximum permissible deviation of each fill from the average for class X(1)
	In use
m ≤ 50	9%
50 ˂ m ≤ 100	4.5 grams
100 ˂ m ≤ 200	4.5%
200 ˂ m ≤ 300	9 grams
300 ˂ m ≤ 500	3%
500 ˂ m ≤ 1000	15 grams
1 000 ˂ m ≤ 10 000	1.5%
10 000 ˂ m ≤ 15 000	150 grams
15 000 ˂ m	1%

(2) In sub-paragraph (1), (x) shall be 1 x 10^k, 2 x 10^k, 5 x 10^k, k being a positive or negative whole number or zero.

(3) For in-service testing, when the reference particle mass exceeds 0.1 of the maximum permissible in-service deviation, the values derived from the table in sub-paragraph (1) shall be increased by 1.5 times the value of the reference particle mass. However the maximum value of the maximum permissible deviation shall not exceed (x) by 9%.

(4) Particle mass correction is not applicable to limits which are derived from the table in sub-paragraph (1) including influence quality tests and zero setting.

(5) The table in sub-paragraph (1) is illustrative of the maximum permissible deviation where the class designation factor is 1.

Manner of use U.K.

24.—(1) Where an automatic gravimetric filling instrument is marked with a temperature range, it must not be used for trade in temperatures outside that range.

(2) Where an automatic gravimetric filling instrument bears a mark which signifies the manner and purpose of use, it must not be used for trade in a manner or for a purpose which does not accord with that marking.

(3) An automatic gravimetric filling instrument must only be used for trade for the purpose of weighing material the value of which, expressed in units of measurement of mass, is neither less than the value of the minimum capacity nor more than the value of the maximum capacity.

(4) An automatic gravimetric filling instrument must not be used for trade in circumstances—

(a) in which it may be prevented from operating consistently or accurately; or

(b) which are likely prematurely to degrade its metrological characteristics.

Automatic gravimetric filling instruments to be set to zero U.K.

25.—(1) Subject to sub-paragraph (2), a person must not use an automatic gravimetric filling instrument for trade unless it is properly balanced or set to zero immediately prior to use.

(2) Paragraph (1) does not apply in the case of an instrument if it is designed so as not to balance when unloaded.

Manner of erection and installation U.K.

26.—(1) Every automatic gravimetric filling instrument must be so positioned as to facilitate cleaning and testing.

(2) Any special equipment for the control of measuring tasks performed by an automatic gravimetric filling instrument which is not a permanent fixture of the instrument must be kept in the vicinity of the instrument.

PART 7 U.K. AUTOMATIC DISCONTINOUS TOTALISERS

Requirements for use for trade U.K.

27.  No person shall use for trade an automatic discontinuous totaliser unless—

(a) it is compliant with—

(i) the essential requirements other than the provisions relating to maximum permissible errors;

(ii) the requirements of paragraph 28;

(b) it has been erected and installed in accordance with the requirements of paragraph 29; and

(c) in the case of a totaliser falling within an accuracy class set out in column 1 of the following Table, it falls within the maximum permissible error for that class set out in column 2 of that Table.

(1)	(2)
Accuracy class	Maximum permissible error of totalised load
0.2	± 0.2%
0.5	± 0.5%
1	± 1.0%
2	± 2.0%

Manner of use U.K.

28.—(1) Where an automatic discontinuous totaliser is marked with a temperature range, it must not be used for trade in temperatures outside that range.

(2) Where an automatic discontinuous totaliser bears a mark which signifies the manner and purpose of use, it must not be used for trade in a manner or for a purpose which does not accord with that marking.

(3) An automatic discontinuous totaliser shall only be used for trade for the purpose of weighing material the value of which, expressed in units of measurement of mass, is not—

(a) less than the minimum totalised load;

(b) less than the value of the minimum capacity unless processed as the last discrete load of a trade transaction; or

(c) more than the value of the maximum capacity.

(4) An automatic discontinuous totaliser must not be used for trade in such a manner as to cause—

(a) spillage of material from the load receptor; or

(b) loading of the weighing unit above its maximum capacity.

(5) An automatic discontinuous totaliser must not be used for trade in circumstances—

(a) in which it may be prevented from operating consistently or accurately; or

(b) which are likely prematurely to degrade its metrological characteristics.

Manner of erection and installation U.K.

29.—(1) An automatic discontinuous totaliser must be so positioned as to facilitate cleaning and testing.

(2) If any special equipment for an automatic discontinuous totaliser is not a permanent fixture of the instrument, it must be kept in the vicinity of the instrument.

(3) In this paragraph “special equipment” means equipment to allow the control of the measuring tasks.

(4) An automatic discontinuous totaliser which has either a non-automatic zero-setting device or semi-automatic zero setting device must be erected in such a manner that the operator can readily take up a position from which he can check the zero and operate the zero setting controls.

PART 8 U.K. AUTOMATIC RAIL WEIGHBRIDGES

Requirements for use for trade U.K.

30.  No person shall use for trade an automatic rail-weighbridge unless—

(a) it is compliant with the essential requirements other than the provisions relating to maximum permissible errors;

(b) it is erected and installed in accordance with paragraph 31;

(c) it operates within the maximum permissible errors in paragraph 32;

(d) the requirements of paragraph 33 are complied with.

Manner of erection and installation U.K.

31.—(1) Every automatic rail-weighbridge must be—

(a) so positioned as to facilitate cleaning and testing; and

(b) installed so that the weighing operation is the same for testing as it is for a transaction.

(2) If the weighing mechanism of the automatic rail-weighbridge is contained in a pit, there must be provision for drainage to ensure that no portion of the rail-weighbridge becomes submerged or partially submerged in any liquid.

Maximum permissible error and accuracy class U.K.

32.—(1) Where an automatic rail-weighbridge falls within an accuracy class in column 1 of the following Table, the rail-weighbridge must operate within the maximum permissible error specified for that class in column 2 of that Table—

Column 1	Column 2
Accuracy class	Maximum permissible error as a percentage of the mass of a single wagon or total train
0.2	± 0.2%
0.5	± 0.5%
1	± 1.0%
2	± 2.0%

(2) Where an automatic rail-weighbridge falls within an accuracy class 2, it shall only be used for trade for the weighing of a wagon loaded with—

(a) any of the materials to which the expression “ballast” applies in Schedule 4 of the 1985 Act;

(b) any material the disposal of which constitutes a landfill disposal as defined in section 70(2) of the Finance Act 1996 M1 , whether or not the disposal amounts to a taxable disposal as defined in section 40 of that Act; or

(c) waste.

(3) For the purposes of paragraph (2)(c), “waste” means any substance that its holder discards, or intends or is required to discard, including any waste disposed of for reprocessing or recycling purposes.

Marginal Citations

M1 1996 c.8.

Manner of use U.K.

33.—(1) Where an automatic rail-weighbridge is marked with—

(a) a temperature range, it must not be used for trade in temperatures outside that range;

(b) a weight measurement range, it must not be used for trade in a manner or for a purpose that does not accord with that marking.

(2) Where an automatic rail-weighbridge bears a mark which signifies the manner and purpose of use, it must not be used for trade in a manner or for a purpose which does not accord with that marking.

(3) An automatic rail-weighbridge must not be used for trade—

(a) unless it is properly balanced or set to zero immediately prior to use; or

(b) in circumstances—

(i) in which it may be prevented from operating consistently or accurately; or

(ii) which are likely prematurely to degrade its metrological characteristics.

(4) Where an automatic rail-weighbridge is fitted with a printing device, the rail-weighbridge must not be used for trade unless the printing device produces a printout which—

(a) indicates the weight or each wagon weighed or, in the case of a total train, the weight of that total train;

(b) indicates which wagon, if any, has travelled over the load receptor at a speed outside the range of operating speeds; and

(c) is not altered due to any wagon travelling over the load receptor more than once.

PART 9 U.K. BELTWEIGHERS

Requirements for use for trade U.K.

34.  No person shall use for trade a beltweigher unless—

(a) it is compliant with the essential requirements other than the provisions relating to maximum permissible errors;

(b) the requirements of paragraphs 35 and 36 are complied with;

(c) it has been erected and installed in accordance with the requirements of paragraph 37; and

(d) in the case of a beltweigher which is stated to be of an accuracy class set out in column 1 of the Table set out in this paragraph it is within the maximum permissible error for that accuracy class as set out in column 2 of that Table.

Column (1)	Column 2
Accuracy Class	Maximum permissible error for totalised load
0.5	± 0.5%
1	± 1.0%
2	± 2.0%

Manner of use U.K.

35.—(1) Where a beltweigher is marked with a temperature range, it must not be used for trade in temperatures outside that range.

(2) Where a beltweigher bears a mark which signifies the manner and purpose of use, it must not be used for trade in a manner or for a purpose which does not accord with that marking.

(3) A beltweigher of accuracy class 2 must only be used for trade for weighing any of the materials to which the term “ballast” applies in Schedule 4 of the 1985 Act.

(4) A beltweigher must not be used for trade in such a manner as to cause—

(a) spillage of material from the belt; or

(b) loading of the weighing unit above its maximum capacity.

(5) A beltweigher must not be used for trade in circumstances—

(a) in which it may be prevented from operating consistently or accurately; or

(b) in which are likely prematurely to degrade its metrological characteristics.

Position of the operator U.K.

36.  Every beltweigher must be erected in such a manner that the operator can readily take up a position from which he can—

(a) read any indication of zero totalisation;

(b) operate any zero-setting control; and

(c) see whether the belt passing over the weighing unit is empty.

Manner of erection and installation U.K.

37.—(1) Every beltweigher must be positioned so as to facilitate cleaning and testing.

(2) The installation of a beltweigher must be so designed that an automatic weighing operation will be the same for testing as for a transaction.

(3) Every beltweigher must be erected in such a way that it is possible to carry out a material test in a place where it is to be used, including in particular the depositing on, or removal from, the belt of material test loads in a reliable and easy manner, without disrupting the normal operation of the beltweigher.

(4) Any special equipment for the control of the measuring tasks of a beltweigher which is not a permanent fixture of the beltweigher, must be kept in the vicinity of the beltweigher.

PART 10 U.K. MATERIAL MEASURES OF LENGTH

Requirements for use for trade U.K.

38.  No person shall use for trade a material measure of length unless—

(a) it is compliant with the essential requirements other than the provisions relating to limits of maximum permissible errors;

(b) it operates within twice the limits of maximum permissible error referred to in the essential requirements; and

(c) the requirements of paragraph 39 are complied with.

Manner of use U.K.

39.—(1) Where a material measure of length is marked with a temperature range, it must not be used for trade in temperatures outside that range.

(2) Where a measure bears an inscription which signifies the manner and purpose of use, it must not be used for trade in a manner or for a purpose which does not accord with that inscription.

(3) No person shall use a material measure of length for trade in such manner as to expose it to environmental or other influences which may adversely affect its accuracy or function

PART 11 U.K. CAPACITY SERVING MEASURES

Requirements for use for trade U.K.

40.  No person shall use for trade a capacity serving measure unless—

(a) it is compliant with the essential requirements;

(b) the requirements of 41 are complied with; and

(c) it does not bear any decorations or designs which may cause confusion in use.

Manner of use U.K.

41.  No person shall use for trade a capacity serving measure for the measurement of intoxicating liquor before its transfer to a container in which the buyer is to receive it, unless the buyer has a clear and unobstructed view of the measurement and transfer.