The Non-automatic Weighing Instruments Regulations 2000

Application of Regulations

3.—(1) Subject to paragraph (2) below, these Regulations apply to any instrument.

(2) These Regulations do not apply to—

(a) an instrument—

(i) in respect of a pattern of which EEC pattern approval was granted or extended before 1st January 1993 under the Measuring Instruments (EEC Requirements) Regulations 1988(1) (in this regulation referred to as “the MI Regulations”) or by any member State other than the United Kingdom and which is in force; and

(ii) which bears a mark of EEC initial verification or of EEC partial verification which is first affixed before 1st January 2003 under the MI Regulations or by any member State other than the United Kingdom; or

(b) an instrument which—

(i) does not require EEC pattern approval; and

(ii) bears a mark of EEC initial verification or of EEC partial verification which is first affixed before 1st January 2003 under the MI Regulations or by any member State other than the United Kingdom; or

(c) an instrument—

(i) of a pattern in respect of which pattern approval is granted or extended under section 12 of the 1985 Act and which is in force; and

(ii) which is first passed as fit for use for trade and stamped before 1st January 2003 under the Weighing Equipment (Non-automatic Weighing Machines) Regulations 1988(2) (in this regulation referred to as “the 1988 NAWM Regulations”) or the Weighing Equipment (Non-automatic Weighing Machines) Regulations 2000(3) (in this regulation referred to as “the 2000 NAWM Regulations”); or

(d) an instrument which—

(i) does not require pattern approval under section 12 of the 1985 Act; and

(ii) was first passed as fit for use for trade and stamped before 4th April 1989, under the 1988 NAWM Regulations; or

(e) an instrument which—

(i) is not required to comply with either the MI Regulations or the 2000 NAWM Regulations;

(ii) does not comply with regulation 5 or with regulation 6, as the case may require; and

(iii) is first put into service before 1st January 2003.

(3) For the avoidance of doubt it is hereby declared that the 1985 Act, the MI Regulations and the 2000 NAWM Regulations continue to apply to instruments to which these Regulations do not apply by virtue of paragraph (2) above.

(4) For the purposes of this regulation—

(a) a grant of EEC pattern approval, an exemption from such approval or the affixing of a mark of EEC initial verification shall be in accordance with the relevant provisions of the MI Regulations or in the case of any other member State in accordance with the relevant provisions of measures in force which implement Council Directive 73/360/EEC(4), as amended by Commission Directives 76/696/EEC(5) and 82/622/EEC(6), and

(b) the affixing of an EEC mark of partial verification shall be in accordance with the relevant provisions of the MI Regulations or, in the case of any other member State, in accordance with the relevant provisions of measures in force which implement Council Directive 71/316/EEC(7) as amended by Council Directives 72/427/EEC(8), 83/575/EEC(9), 87/354/EEC(10), 87/355/EEC(11) and 88/665/EEC(12).

(1)

S.I. 1988/186 amended by S.I. 1988/1128.

(2)

S.I. 1988/876 amended by S.I. 1988/2120, 1991/2019, 1992/3037, 1994/1851 and 1995/428.

(3)

S.I. 2000/932; these Regulations revoked the instruments referred to in footnote (c) above on 2nd May 2000.

(4)

OJ No. L335, 5.12.73, p. 1.

(5)

OJ No. L236, 27.8.76, p. 26.

(6)

OJ No. L252, 27.8.82, p. 2.

(7)

OJ No. L202, 6.9.71, p. 1, OJ/SE 1971(II) p. 707.

(8)

OJ No. L291, 28.12.72, p. 156, OJ/SE 1972, 28-30 Dec., p. 71.

(9)

OJ No. L332, 28.11.83, p. 43.

(10)

OJ No. L192, 11.7.87, p. 43.

(11)

OJ No. L192, 11.7.87, p. 46.

(12)

OJ No. L382, 31.12.88, p. 42.