The Measuring Instruments (Non-Prescribed Instruments) Regulations 2006 (revoked)

Interpretation U.K.

2.—(1) In these Regulations—

“area measuring instrument” means an instrument that serves for the determination of the area of irregular shaped objects, e.g. for leather;

“authorised representative” means a person who is established within a member State and authorised by a manufacturer, in writing, to act on his behalf;

“automatic catchweigher” means an automatic weighing instrument that determines the mass of pre-assembled discrete loads (for example pre-packages) or single loads of loose material;

“automatic checkweigher” means an automatic catchweigher that subdivides articles of different mass into two or more subgroups according to the value of the difference of their mass and a nominal set-point;

“automatic gravimetric filling instrument” means an automatic weighing instrument that fills containers with a predetermined and virtually constant mass of product from bulk;

“automatic weighing instrument” means an instrument that determines the mass of a product without the intervention of an operator and follows a predetermined programme of automatic processes characteristic of the instrument intended to determine the mass of a body by using the action of gravity on that body;

“base conditions” in relation to gas meters and volume conversion devices, means the specified conditions to which the measured quantity of fluid is converted;

“CE marking” means the CE marking referred to in regulation 11;

“capacity serving measure” means a capacity measure (such as a drinking glass, jug or thimble measure) designed to determine a specified volume of a liquid (other than a pharmaceutical product) which is sold for immediate consumption;

“the Commission” means the European Commission;

“conformity assessment procedure” means any procedure referred to in regulation 10;

“continuous totaliser” means an automatic weighing instrument that continuously determines the mass of a bulk product on a conveyor belt, without systematic sub-division of the product and without interrupting the movement of the conveyor belt;

“designating authority” means—

(a)

except in relation to designation of notified bodies for the assessment of volume conversion devices, the Secretary of State; and

(b)

in relation to the designation of notified bodies for the assessment of volume conversion devices—

(i)

in Great Britain, the Gas and Electricity Markets Authority; and

(ii)

in Northern Ireland, the Northern Ireland Authority for Energy Regulation;

“the Directive” means Directive 2004/22/EC of the European Parliament and of the Council of 31st March 2004 on measuring instruments M1 ;

“discontinuous totaliser” means an automatic weighing instrument that determines the mass of a bulk product by dividing it into discrete loads. The mass of each discrete load is determined in sequence and summed and each discrete load is then delivered to bulk;

“essential requirements” means, in respect of each measuring instrument, the general requirements of measuring instruments set out in Annex I and the specific requirements applicable to that instrument set out in Annex MI-001, Annex MI-002, Annex MI-004, Annex MI-005, Annex MI-006, Annex MI–008 and Annex MI-009 as set out in Parts A to G in Schedule 1;

“gas meter” means an instrument designed to measure, memorise and display the quantity of fuel gas (volume or mass) that has passed it;

“harmonised standard” means a technical specification (adopted by the European Committee for Standardisation (CEN), the European Communities for Electrotechnical Standardisation (CENELEC) or the European Telecommunications Standards Institute (ETSI) or jointly by two or all of these organisations, at the request of the Commission pursuant to Directive 98/34/EC of the European Parliament and of the Council of 22nd June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society Services M2 , as amended by Directive 98/48/EC M3 , and prepared in accordance with the General Guidelines agreed between the Commission and one or more of CEN, CENELEC and ETSI;

“heat meter” means an instrument designed to measure the heat which, in a heat exchange circuit, is given up by a liquid called the heat-conveying liquid. It is either a complete instrument or a combined instrument consisting of the sub-assemblies, flow sensor, temperature sensor pair, and calculator, or a combination of these;

“in writing” includes text that is—

(a)

transmitted by electronic means;

(b)

received in legible form; and

(c)

capable of being used for subsequent reference;

“length measuring instrument” means an instrument that serves for the determination of the length of rope-type materials (e.g. textiles, bands, cables) during feed motion of the product to be measured;

“M marking” means the M marking referred to in regulation 11;

“manufacturer” means a person responsible for the conformity of the measuring instrument with these Regulations with a view to either placing it on the market under his own name or putting it into use for his own purposes, or both;

“material measure of length” means an instrument comprising scale marks whose distances are given in legal units of length;

“measuring instrument” means any device or system defined in these Regulations;

“multi-dimensional measuring instrument” means a measuring instrument that serves for the determination of the edge length (length, height, width) of the smallest enclosing rectangular parallelepiped of a product;

“normative document” means a document containing technical specifications adopted by the Organisation Internationale de Métrologie Légale (OIML), subject to the procedure stipulated in Article 16.1, the reference of which is for the time being published by the Commission in the Official Journal of the European Union pursuant to Article 16.1(b);

“notified body” means—

(a)

the Secretary of State; or

(b)

a person designated under regulation 4,

and who has been notified to the Commission and the other member States pursuant to Article 11.1;

“notified body criteria” means the criteria set out in Part 1 of Schedule 2;

“place on the market” means making available for the first time in a member State a measuring instrument intended for an end user, whether for reward or free of charge;

“put into use” means the first use of a measuring instrument intended for the end user for the purposes for which it was intended;

“rail-weighbridge” means an automatic weighing instrument having a load receptor inclusive of rails for conveying railway vehicles;

“relevant national standard” means a standard applicable to a measuring instrument—

(a)

implementing a harmonised standard that has been published in the Official Journal of the European Union C series; and

(b)

the reference of which is published—

(i)

in the United Kingdom by the Secretary of State; or

(ii)

in another member State by the competent authority pursuant to the third sub-paragraph of Article 13.1;

“relevant normative document” means a normative document applicable to a measuring instrument the reference of which is published—

(a)

in the United Kingdom by the Secretary of State; or

(b)

in another member State by the competent authority pursuant to the third sub-paragraph of Article 13.2;

“sub-assembly” means a hardware device, mentioned as such in the instrument-specific requirements in Part 2 of Schedule 1 that functions independently and together—

(a)

with other sub-assemblies with which it is compatible; or

(b)

with a measuring instrument with which it is compatible;

makes up a measuring instrument;

“volume conversion device” means a device fitted to a gas meter that automatically converts the quantity measured at metering conditions into a quantity at base conditions; and

“water meter” means an instrument designed to measure, memorise and display the volume at metering conditions of water passing through the measurement transducer for the measurement of volumes of clean cold or heated water.

(2) In these Regulations a reference to a member State includes Norway, Iceland and Liechtenstein M4 .

(3) References in these Regulations to an Article, Annex or a part of an Annex are references to an Article, Annex, or a part of an Annex to the Directive.

Marginal Citations

M1 OJ No. L135, 30.4.04, p.1.

M2 OJ No. L204, 21.7.98, p.37.

M3 OJ No. L217, 5.8.98, p.18.

M4 The application of Directive 2004/22/EC (OJ No. L135, 30.4.04, p.1 was extended to the European Economic Area by Decision No. 31/205 (OJ No. L198, 28.7.05, p.20).