The Non-automatic Weighing Instruments Regulations 2016

  1. Introductory Text

  2. PART 1 INTRODUCTORY

    1. 1.Citation commencement and extent

    2. 2.Interpretation

    3. 3.Application of these Regulations

    4. 4.Revocations and transitional and consequential provisions

  3. PART 2 REGULATED NON-AUTOMATIC WEIGHING INSTRUMENTS – OBLIGATIONS OF ECONOMIC OPERATORS

    1. CHAPTER 1 OBLIGATIONS OF MANUFACTURERS AND PERSONS TO BE TREATED AS MANUFACTURERS

      1. 5.Introductory

      2. 6.Manufacturers’ responsibilities – design, conformity assessment and marking of regulated non-automatic weighing instruments

      3. 7.Manufacturers’ obligations in respect of records

      4. 8.Manufacturers’ obligations to ensure continuing conformity with the essential requirements

      5. 9.Manufacturers’ obligations in relation to the marking of regulated non-automatic weighing instruments with serial numbers etc.

      6. 10.Manufacturers to mark contact details on regulated non-automatic weighing instruments

      7. 11.Documentation to accompany regulated non-automatic weighing instruments

      8. 12.Action to be taken where regulated non-automatic weighing instruments placed on the market are not in conformity with the essential requirements

      9. 13.Provision of information to the competent authority

      10. 14.Use of authorised representatives by manufacturers

    2. CHAPTER 2 OBLIGATIONS OF IMPORTERS

      1. 15.Introductory

      2. 16.Ensuring compliance of regulated non-automatic weighing instruments

      3. 17.Importers duty to notify manufacturer and market surveillance authorities of non-compliant regulated non-automatic weighing instruments that present a risk

      4. 18.Requirements to mark importers’ details on regulated non-automatic weighing instruments

      5. 19.Importers’ duty to ensure that regulated non-automatic weighing instruments are accompanied by relevant documentation.

      6. 20.Duty of importers to ensure proper conditions of storage and transport

      7. 21.Duties of importers with regard to monitoring etc.

      8. 22.Action to be taken by importers where regulated non-automatic weighing instruments placed on the market by them are not in conformity with essential requirements

      9. 23.Requirement for importer to keep copy of EU declaration of conformity

      10. 24.Provision of information to a competent authority

    3. CHAPTER 3 OBLIGATIONS OF DISTRIBUTORS

      1. 25.Introductory

      2. 26.Distributors – duty to act with due care

      3. 27.Distributors – verification obligations

      4. 28.Distributors not to make non-conforming non-automatic weighing instruments available on the market etc.

      5. 29.Duty of distributors to ensure proper conditions of storage and transport

      6. 30.Action to be taken by distributors where regulated non-automatic weighing instruments placed on the market by them are not in conformity with essential requirements

      7. 31.Provision of information to the competent authority

    4. CHAPTER 4 IDENTIFICATION OF ECONOMIC OPERATORS

      1. 32.(1) Economic operators must, on request, identify to the market...

  4. PART 3 CONFORMITY OF REGULATED NON-AUTOMATIC WEIGHING INSTRUMENTS

    1. CHAPTER 1 ESTABLISHING COMPLIANCE WITH THE ESSENTIAL REQUIREMENTS

      1. 33.Introductory

      2. 34.Methods of establishing conformity with the essential requirements

      3. 35.Presumptions of conformity of regulated non-automatic weighing instruments

      4. 36.Conformity assessment procedures

      5. 37.Subsidiaries and contractors

      6. 38.Fees

    2. CHAPTER 2 REQUIREMENTS RELATING TO EU DECLARATIONS OF CONFORMITY

      1. 39.Application of Chapter

      2. 40.Form and contents of EU declaration of conformity etc.

      3. 41.Regulated instruments that require more than one declaration of conformity

      4. 42.Responsibility of manufacturer that draws up declaration of conformity

    3. CHAPTER 3 CONFORMITY MARKING

      1. 43.Conformity with Directive requirements to be indicated by the CE marking

      2. 44.General principles relating to the M marking

      3. 45.Rules and conditions for affixing the CE marking and the M marking etc.

  5. PART 4 REQUIREMENTS FOR NON-REGULATED NON-AUTOMATIC WEIGHING INSTRUMENTS

    1. 46.(1) This regulation applies to a non-automatic weighing instrument which...

  6. PART 5 NOTIFICATION OF CONFORMITY ASSESSMENT BODIES

    1. 47.Introductory

    2. 48.The notifying authority

    3. 49.Notification

    4. 50.Presumption of conformity of notified bodies

    5. 51.Contents of notification

    6. 52.Monitoring

    7. 53.Delegation to the United Kingdom Accreditation Service

    8. 54.Changes to notifications

  7. PART 6 PUTTING INTO SERVICE OF REGULATED NON-AUTOMATIC WEIGHING INSTRUMENTS FOR THE PURPOSES LISTED IN REGULATION 3(2)

    1. 55.No person shall put into service a regulated non-automatic weighing...

  8. PART 7 USE FOR TRADE OF REGULATED NON-AUTOMATIC WEIGHING INSTRUMENTS IN GREAT BRITAIN

    1. 56.Schedule 4 applies to the use for trade of regulated...

  9. PART 8 MARKET SURVEILLANCE AND ENFORCEMENT

    1. CHAPTER 1 MARKET SURVEILLANCE

      1. 57.The market surveillance authority

      2. 58.Regulated non-automatic weighing instruments presenting a risk

      3. 59.EU safeguard procedure

      4. 60.Compliant regulated non-automatic weighing instruments which present a risk

      5. 61.Provisions as to directions under regulations 58 and 60

    2. CHAPTER 2 ENFORCEMENT PROCEDURES

      1. 62.Competent authorities and enforcement proceedings

      2. 63.Compliance notice procedure

      3. 64.Enforcement notice procedure

      4. 65.Review of decisions of a competent authorities

      5. 66.Offence of failing to comply with an enforcement notice

      6. 67.Disqualification

      7. 68.Re-qualification

      8. 69.Testing of regulated non-automatic weighing instruments

      9. 70.Unsuitable use of regulated non-automatic weighing instruments

  10. PART 9 OFFENCES

    1. 71.Unauthorised application of authorised marks

    2. 72.Offences by economic operators etc.

    3. 73.Penalties for offences

    4. 74.Defence of due diligence

    5. 75.Liability of persons other than the principal offender

  11. PART 10 MISCELLANEOUS AND SUPPLEMENTAL

    1. 76.Service of documents etc.

    2. 77.Review

  12. Signature

    1. SCHEDULE 1

      INFORMATION TO BE MARKED ON REGULATED NON-AUTOMATIC WEIGHING INSTRUMENTS

      1. 1.The number of the EU-type examination certificate, where appropriate.

      2. 2.The manufacturer’s name, registered trade name or registered trade mark....

      3. 3.The accuracy class, enclosed in an oval or in two...

      4. 4.Maximum capacity, in the form “Max …..”.

      5. 5.Minimum capacity, in the form “Min …..”.

      6. 6.Verification scale interval in the form “e =…..”

      7. 7.Type, batch and serial number

      8. 8.When applicable the following: (a) for instruments consisting of separate...

      9. 9.The requirements of points 1.2 to 1.5 of the Annex...

    2. SCHEDULE 2

      OPERATIONAL OBLIGATIONS OF NOTIFIED BODIES

      1. 1.Conformity assessment must be carried out in a proportionate manner,...

      2. 2.Conformity assessment bodies must perform their activities taking due account...

      3. 3.Where a notified body finds that the essential requirements have...

      4. 4.Where in the course of the monitoring of conformity following...

      5. 5.Where corrective measured are not taken or do not have...

      6. 6.Where a person is aggrieved at a decision taken by...

      7. 7.Notified bodies must inform the notifying authority of the following—...

      8. 8.Notified bodies must provide other bodies notified under this Directive...

      9. 9.Notified bodies must— (a) when requested by the Secretary of...

    3. SCHEDULE 3

      REQUIREMENTS RELATING TO NOTIFIED BODIES

      1. 1.A conformity assessment body must be established under the national...

      2. 2.A conformity assessment body must be a third party body...

      3. 3.A body belonging to a business association or professional federation...

      4. 4.A conformity assessment body, its top level management and the...

      5. 5.A conformity assessment body, its top level management and the...

      6. 6.Conformity assessment bodies must ensure that the activities of their...

      7. 7.Conformity assessment bodies and their personnel must carry out the...

      8. 8.A conformity assessment body must be capable of carrying out...

      9. 9.At all times and for each conformity assessment procedure and...

      10. 10.A conformity assessment body must have the means necessary to...

      11. 11.The personnel responsible for carrying out conformity assessment tasks must...

      12. 12.Conformity assessment bodies, their top-level management and the personal responsible...

      13. 13.The remuneration of the top-level management and personnel responsible for...

      14. 14.A conformity assessment body must satisfy the Secretary of State...

      15. 15.The personnel of a conformity assessment body must observe professional...

      16. 16.Conformity assessment bodies must participate in, or ensure that their...

    4. SCHEDULE 4

      USE FOR TRADE OF REGULATED NON-AUTOMATIC WEIGHING INSTRUMENTS IN GREAT BRITAIN

      1. 1.Restrictions on use of instruments for trade

      2. 2.Manner of erection of regulated non-automatic weighing instruments

      3. 3.Regulated non-automatic weighing instruments marked with temperature range

      4. 4.Regulated non-automatic weighing instruments marked with manner of use

      5. 5.Regulated non-automatic weighing instruments fitted with printing devices

      6. 6.Load receptors

      7. 7.Operation of regulated non-automatic weighing instrument

      8. 8.Regulated non-automatic weighing instruments to be set to zero or to be balanced before use

    5. SCHEDULE 5

      MONETARY PENALTIES

      1. 1.Introduction

      2. 2.Procedure

      3. 3.Appeals

      4. 4.Interest and recovery

  14. Explanatory Note