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The Measuring Instruments (EEC Requirements) Regulations 1988

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Obliteration of EEC signs and marks

21.—(1) An inspector may obliterate any EEC sign or mark if he is satisfied–

(a)that the instrument bearing the sign or mark falls outside the relevant limits of error for instruments of the category to which it belongs; or

(b)that the instrument does not comply in any other respect with the requirements of the relevant Directive.

(2) In paragraph (1) above “the relevant limits of error” means the maximum permissible errors laid down by the relevant Directive for instruments in service or, if the relevant Directive does not specify maximum permissible errors for instruments in service, the maximum permissible errors laid down for instruments of the category in question by Schedule 4 to these Regulations.

(3) Where the sole ground for obliterating any EEC sign or mark under paragraph (1) above is that given in sub-paragraph (a) of that paragraph, the inspector may, instead of immediately obliterating the sign or mark, serve upon the person in possession of the instrument a notice requiring him to ensure that the instrument is brought within the limits of error there mentioned before the expiry of twenty-eight days or such shorter period as may be specified in the notice.

(4) If a notice given under paragraph (3) above is not complied with the inspector shall obliterate the sign or mark in question.

(5) Without prejudice to paragraph (1) above, an inspector may, at the request of any person appearing to him to be the owner of an instrument, obliterate any EEC sign or mark on the instrument which is related to an EEC pattern approval (whether granted under these Regulations or by any member State other than the United Kingdom) which the inspector is satisfied has ceased to have effect.

(6) Subject to paragraph (7) below, obliteration under this Regulation shall be carried out by the inspector by means of punches or pincers of a six-pointed star design as shown in the following illustration:–

(7) Paragraph (6) above shall not apply where in the opinion of the inspector it would be impossible to obliterate any EEC sign or mark by the method there specified; and in any such case obliteration shall be carried out in such other manner as the Secretary of State may direct, whether generally or in relation to signs or marks of any particular description.

(8) In the case of an instrument to which Regulation 13(9) above applies the preceding provisions of this Regulation (other than paragraph (5)) shall have effect as if references to an inspector were references to the Secretary of State or to an inspector of a nominated local weights and measures authority.

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