The Non-automatic Weighing Instruments (Amendment) Regulations 2008 (revoked)

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the enforcement provisions of the Non-automatic Weighing Instruments Regulations 2000 (S.I. 2000/3236) (“the principal Regulations”).

The principal Regulations have two purposes. First, they implement Council Directive 90/384/EEC (as amended by Council Directive 93/68/EEC) (“the Directive”) on the harmonisation of the laws of the member States relating to non-automatic weighing instruments (“instruments”). Secondly, Part III of the principal Regulations contains provisions in relation to instruments which are used for trade within the meaning of the Weights and Measures Act 1985 (“the 1985 Act”).

The amendments effected by these Regulations are principally concerned with—

(a)

who can exercise the official functions relating to instruments which are given to “authorised persons” under the principal Regulations; and

(b)

the affixing of “re-qualification stickers” in certain circumstances as an indication that instruments which have been “disqualified” (for example, for having become insufficiently accurate) have been brought back into compliance with the requirements of the Directive, any EC type-approval certificate and any applicable requirements of Part III of the principal Regulations.

The key changes introduced by these Regulations are as follows.

(a)

From 6th April 2008, an instrument to which a disqualification sticker has been affixed may be submitted for re-qualification by a local weights and measures inspector or an “approved verifier”, as well as by approved bodies and certain manufacturers.

(b)

Non-inspectors who have been authorised to exercise the functions of an authorised person by a chief inspector will remain able to do so while they remain employed by the same local weights and measures authority. In addition, the Secretary of State will be able to authorise non-inspectors to exercise the functions of an authorised person (other than the functions of disqualification and re-qualification).

An Impact Assessment in respect of these Regulations is available and a copy can be obtained from the National Weights and Measures Laboratory, Stanton Avenue, Teddington, Middlesex TW11 0JZ or from its website at www.nwml.gov.uk. Copies have been placed in the libraries of both Houses of Parliament.

In so far as they affect the application and enforcement of Part III of the principal Regulations (and are, to that extent, made under the 1985 Act rather than section 2(2) of the European Communities Act 1972), these Regulations have been notified to the European Commission in accordance with the requirements of Article 8 of Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations (OJ L 204, 21.7.1998, p. 37) as amended by Directive 98/48/EC of the European Parliament and of the Council (OJ L 217, 5.8.1998, p. 18).