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Part VIE+W+S Administration

Inspectors of weights and measuresE+W+S

72 Appointment of inspectors.E+W+S

(1)Each local weights and measures authority shall from time to time appoint from among persons holding certificates of qualification under section 73 below, and reasonably remunerate—

(a)a chief inspector of weights and measures, and

(b)such number of other inspectors of weights and measures, if any (who may, if the authority so desire, include a deputy chief inspector), as may be necessary for the efficient discharge in the authority’s area of the functions conferred or imposed on inspectors by or under this Act [F1and the packaged goods regulations].

(2)Any person appointed under subsection (1) above shall hold office during the pleasure of the authority by whom he was appointed.

(3)A chief inspector shall be responsible to the local weights and measures authority for the custody and maintenance of the local standards, working standards and testing and stamping equipment provided for the area for which he was appointed and generally for the operation of the arrangements made to give effect in that area to the purposes of this Act [F2and the packaged goods regulations].

(4)A deputy chief inspector may perform any functions of the chief inspector for the area for which he was appointed in any case where it appears to the local weights and measures authority to be desirable or necessary in the interests of the efficient operation of the said arrangements to authorise him so to do, and when so authorised shall have all the powers of a chief inspector.

Textual Amendments

73 Certificate of qualification to act as inspector.E+W+S

(1)The Secretary of State shall provide for the holding of examinations for the purpose of ascertaining whether persons possess sufficient skill and knowledge for the proper performance of the functions of an inspector, and for the grant of certificates of qualification to persons who pass such examinations.

(2)The Secretary of State may if he thinks fit arrange with some other person for that person to hold examinations for the purpose mentioned in subsection (1) above.

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)There shall be charged in respect of any examination which is held by the Secretary of State under this section such fees as the Secretary of State may from time to time with the approval of the Treasury determine.

Textual Amendments

74 Performance by inspectors of additional functions.E+W+S

(1)The arrangements made by a local weights and measures authority to give effect in their area to the purposes of this Act [F4or the packaged goods regulations] may include the provision under the supervision of the chief inspector for their area of a service for the adjustment of weights and measures, but not of other weighing or measuring equipment.

(2)Where a service is provided under subsection (1) above, the local weights and measures authority shall charge such reasonable fees as they may determine in connection with it.

(3)No person holding office as an inspector who is employed in the inspection of weighing or measuring equipment for the purposes of its use for trade shall also undertake, whether as part of a service provided under subsection (1) above or otherwise, the adjustment for those purposes of weighing or measuring equipment of any description.

(4)F5. . ., a local weights and measures authority may make arrangements whereby an inspector may, at the request of any person and subject to payment by that person of such fee, if any, as the authority may think fit, carry out and submit to that person a report on—

(a)a weighing or other measurement of any goods submitted for the purpose by that person at such place as the authority may direct or approve;

(b)a test of the accuracy of any weighing or measuring equipment so submitted.

[F6(5)A local weights and measures authority may also make arrangements whereby an inspector may, at the request of the Secretary of State and subject to payment by him of such fee, if any, as the authority may think fit, provide advice and assistance to the Secretary of State in connection with the carrying out by him of any audit or inspection under section 11A(3) above or paragraph 7(3) of Schedule 3A to this Act.

(6)Subsections (4) and (5) above are without prejudice to the functions of local weights and measures authorities or inspectors under any other provision of this Act [F7or any provision of the packaged goods regulations].]

Textual Amendments

F5Words in s. 74(4) omitted (29.3.1999) by virtue of S.I. 1999/503, art. 2(10)

F6S. 74(5)(6) inserted (29.3.1999) by S.I. 1999/503, art. 2(11)

75 Offences in connection with office of inspector.E+W+S

(1)Any inspector who—

(a)stamps any weighing or measuring equipment in contravention of any provision of this Act [F8or the packaged goods regulations] or of any instrument made under this Act or without duly testing it, or

(b)derives any profit from, or is employed in, the making, adjusting or selling of weighing or measuring equipment, or

(c)knowingly commits any breach of any duty imposed on him by or under this Act or otherwise misconducts himself in the execution of his office,

shall be guilty of an offence.

[F9(1A)Any approved verifier who–

(a)stamps any weighing or measuring equipment in contravention of any provision of this Act or of any instrument made under this Act or without duly testing it, or

(b)commits any breach of any duty imposed on him by or under this Act [F10or the packaged goods regulations],

shall be guilty of an offence.

(2)If any person who is not an inspector, or is not an approved verifier, acts or purports to act as such, he shall be guilty of an offence.

(3)Section 34 of this Act shall apply in relation to proceedings for an offence under subsection (1A)(b) above as it applies in relation to proceedings for an offence under Part IV of this Act.]

Textual Amendments

F9S. 75(1A)(2)(3) substituted for s. 75(2) (29.3.1999) by S.I. 1999/503, art. 2(12)