57. The Secretary of State is the market surveillance authority for the purposes of these Regulations and RAMS.
58.—(1) This regulation applies where the market surveillance authority has sufficient reason to believe that a regulated non-automatic weighing instrument presents a risk in relation to any of the purposes set out in regulation 3(2).
(2) Where this regulation applies the market surveillance authority must carry out an evaluation of the regulated non-automatic weighing instrument covering all relevant requirements of these Regulations which apply to that instrument.
(3) The relevant economic operators in relation to the non-automatic weighing instrument must co-operate as necessary with the market surveillance authority for that purpose.
(4) Where, in the course of the evaluation referred to in paragraph (2), the market surveillance authority finds that that the regulated non-automatic weighing instrument does not comply with the essential requirements applicable to it, it must without delay issue a direction which requires the relevant economic operator to—
(a)take all appropriate corrective actions;
(b)withdraw the regulated non-automatic weighing instrument from the market; or
(c)recall it within a reasonable period commensurate with the nature of the risk.
(5) Where the market surveillance authority acts under paragraph (4) it must without delay inform the [F1approved] body that carried out the conformity assessment procedure in respect of the regulated non-automatic weighing instrument of—
(a)the respect in which the regulated non-automatic weighing instrument is not in conformity with the requirements of these Regulations; and
(b)the actions that the authority is requiring the relevant economic operator to take.
F2(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) The economic operator must ensure that all appropriate corrective action is taken in respect of all the regulated non-automatic weighing instruments concerned that it has made available [F3in the United Kingdom].
(8) Where the relevant economic operator does not take adequate corrective action within a reasonable period, the market surveillance authority must take all provisional measures to prohibit or restrict the regulated non-automatic weighing instrument being made available on the market, to withdraw the instrument from that market or to recall it.
(9) Where the market surveillance authority takes measures under paragraph (8), the market surveillance authority must notify the [F4Secretary of State] of those measures without delay.
(10) A notification under paragraph (9) must include all available details, in particular—
(a)the data necessary for the identification of the non-compliant regulated measuring instrument;
(b)the origin of the instrument;
(c)the nature of the non-compliance alleged and the risk involved;
(d)the nature and duration of the measures taken;
(e)the arguments put forward by the relevant economic operator; and
(f)whether the non-compliance is due to either of the following—
(i)failure of the regulated measuring instrument to meet the requirements relating to a risk; or
(ii)shortcomings in the [F5designated] standards referred to in regulation 34(a).
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F1Word in reg. 58(5) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 33(a) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F2Reg. 58(6) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 33(b) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 58(7) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 33(c) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 58(9) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 33(d) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F5Word in reg. 58(10)(f)(ii) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 33(e) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
58.—(1) This regulation applies where the market surveillance authority has sufficient reason to believe that a regulated non-automatic weighing instrument presents a risk in relation to any of the purposes set out in regulation 3(2).
(2) Where this regulation applies the market surveillance authority must carry out an evaluation of the regulated non-automatic weighing instrument covering all relevant requirements of these Regulations which apply to that instrument.
(3) The relevant economic operators in relation to the non-automatic weighing instrument must co-operate as necessary with the market surveillance authority for that purpose.
(4) Where, in the course of the evaluation referred to in paragraph (2), the market surveillance authority finds that that the regulated non-automatic weighing instrument does not comply with the essential requirements applicable to it, it must without delay issue a direction which requires the relevant economic operator to—
(a)take all appropriate corrective actions;
(b)withdraw the regulated non-automatic weighing instrument from the market [F33in Northern Ireland]; or
(c)recall it within a reasonable period commensurate with the nature of the risk.
(5) Where the market surveillance authority acts under paragraph (4) it must without delay inform the notified body that carried out the conformity assessment procedure in respect of the regulated non-automatic weighing instrument of—
(a)the respect in which the regulated non-automatic weighing instrument is not in conformity with the requirements of these Regulations; and
(b)the actions that the authority is requiring the relevant economic operator to take.
(6) [F34Subject to paragraph (6A),] where the market surveillance authority considers that non-compliance is not restricted to [F35Northern Ireland], it must inform the Commission and the other [F36relevant] states of the results of the evaluation and of the actions which they have required the economic operator to take.
[F37(6A) Paragraph (6) does not require the Secretary of State to inform the Commission or the other relevant states where the non-compliance extends only to any of England or Wales or Scotland.]
(7) The economic operator must ensure that all appropriate corrective action is taken in respect of all the regulated non-automatic weighing instruments concerned that it has made available on the market throughout [F38Northern Ireland].
(8) Where the relevant economic operator does not take adequate corrective action within a reasonable period, the market surveillance authority must take all provisional measures to prohibit or restrict the regulated non-automatic weighing instrument being made available on the market [F39in Northern Ireland], to withdraw the instrument from that market or to recall it.
(9) Where the market surveillance authority takes measures under paragraph (8), the market surveillance authority must notify the Commission and the other [F40relevant] states of those measures without delay.
(10) A notification under paragraph (9) must include all available details, in particular—
(a)the data necessary for the identification of the non-compliant regulated measuring instrument;
(b)the origin of the instrument;
(c)the nature of the non-compliance alleged and the risk involved;
(d)the nature and duration of the measures taken;
(e)the arguments put forward by the relevant economic operator; and
(f)whether the non-compliance is due to either of the following—
(i)failure of the regulated measuring instrument to meet the requirements relating to a risk; or
(ii)shortcomings in the harmonised standards referred to in regulation 34(a).
Extent Information
E7This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F33Words in reg. 58(4)(b) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(1)(a)
F34Words in reg. 58(6) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(1)(b)(i)
F35Words in reg. 58(6) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(1)(b)(ii)
F36Word in reg. 58(6) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(1)(b)(iii)
F37Reg. 58(6A) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(1)(c)
F38Words in reg. 58(7) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(1)(d)
F39Words in reg. 58(8) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(1)(e)
F40Word in reg. 58(9) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(1)(f)
59.—(1) Where another [F7relevant] state has initiated the procedure under Article 37 of the Directive, the market surveillance authority must without delay, inform the Commission and the other [F7relevant] states of—
(a)any measures taken by competent authority in respect of the regulated non-automatic weighing instrument;
(b)any additional information which the market surveillance authority has at its disposal relating to the lack of conformity of the regulated non-automatic weighing [F8instrument.]
F9(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where a measure taken by another [F10relevant] state in respect of a regulated non-automatic weighing instrument is considered justified under Article 37(7) of the Directive, the market surveillance authority must ensure that appropriate measures to withdraw the instrument are taken in respect of the regulated non-automatic weighing instrument without delay.
(3) If, pursuant to Article 38 of the Directive, the Commission considers a direction given pursuant to regulation 58(4) is unjustified, the market surveillance authority must forthwith withdraw it and notify other competent authorities and economic operators affected accordingly.]
Textual Amendments
F6Reg. 59 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 34 (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F7Word in reg. 59(1) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(2)(a)(i)
F8Word in reg. 59(1)(b) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(2)(a)(ii)
F9Reg. 59(1)(c) omitted (N.I.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(2)(a)(iii)
F10Word in reg. 59(2) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(2)(b)
60.—(1) This regulation applies where, having carried out an evaluation under regulation 58 (regulated non-automatic weighing instruments presenting a risk), the market surveillance authority finds that although a regulated non-automatic weighing instrument is in compliance with the requirements of these Regulations, it presents a risk in relation to its use in relation to any activity referred to in regulation 3(2).
(2) Where this regulation applies, the market surveillance authority must issue a direction requiring the economic operator to—
(a)take all appropriate measures to ensure that the non-automatic weighing instrument concerned, when placed on the market, no longer presents that risk;
(b)withdraw the non-automatic weighing instrument from the market; or
(c)recall it within a reasonable period, commensurate with the nature of the risk as it may prescribe.
(3) Where this regulation applies, the market surveillance authority must immediately inform the [F11Secretary of State] of all available details including—
(a)the data necessary for the identification of the regulated non-automatic weighing instrument concerned;
(b)the origin and supply chain of the regulated non-automatic weighing instrument;
(c)the nature of the risk involved; and
(d)the nature and duration of the national measures taken.
Extent Information
E2This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F11Words in reg. 60(3) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 35 (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
60.—(1) This regulation applies where, having carried out an evaluation under regulation 58 (regulated non-automatic weighing instruments presenting a risk), the market surveillance authority finds that although a regulated non-automatic weighing instrument is in compliance with the requirements of these Regulations, it presents a risk in relation to its use in relation to any activity referred to in regulation 3(2).
(2) Where this regulation applies, the market surveillance authority must issue a direction requiring the economic operator to—
(a)take all appropriate measures to ensure that the non-automatic weighing instrument concerned, when placed on the market [F41in Northern Ireland], no longer presents that risk;
(b)withdraw the non-automatic weighing instrument from the market [F42in Northern Ireland]; or
(c)recall it within a reasonable period, commensurate with the nature of the risk as it may prescribe.
(3) Where this regulation applies, the market surveillance authority must immediately inform the Commission and the other [F43relevant] states of all available details including—
(a)the data necessary for the identification of the regulated non-automatic weighing instrument concerned;
(b)the origin and supply chain of the regulated non-automatic weighing instrument;
(c)the nature of the risk involved; and
(d)the nature and duration of the national measures taken.
Extent Information
E8This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F41Words in reg. 60(2)(a) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(3)(a)(i)
F42Words in reg. 60(2)(b) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(3)(a)(ii)
F43Word in reg. 60(3) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(3)(b)
61.—(1) This regulation applies in relation to directions given under regulations 58 (regulated non-automatic weighing instruments presenting a risk) and 60 (compliant regulated non-automatic weighing instruments which present a risk).
(2) A direction must—
(a)be in writing;
(b)describe the regulated non-automatic weighing instrument to which it relates in a manner sufficient to identify that instrument;
(c)specify the risk identified by the market surveillance authority; and
(d)specify the steps that the economic operator must take (including the time period within which they must be taken).
(3) The Secretary of State may impose a monetary penalty on an economic operator who fails to comply with a direction given under regulation 58 or 60.
(4) Schedule 5 has effect in relation to monetary penalties imposed under paragraph (3).
62.—(1) In Great Britain, it is the duty of every local weights and measures authority to enforce these Regulations within its area.
(2) In Northern Ireland, it is the duty of the Department for the Economy to enforce these Regulations (other than Part 7).
(3) The Secretary of State—
(a)must enforce these Regulations when required to do so in the capacity of the market surveillance authority; and
(b)may otherwise than in the capacity of market surveillance authority enforce these Regulations and for that purpose may appoint any person to act on his behalf.
(4) No proceedings for an offence under these Regulations may be instituted in England and Wales except by or on behalf of a competent authority.
(5) Nothing in these Regulations authorises a competent authority to bring proceedings in Scotland for an offence.
(6) No proceedings shall be instituted in Northern Ireland for an offence under these Regulations in respect of a regulated non-automatic weighing instrument except—
(a)by or on behalf of a competent authority which has responsibility for enforcing these Regulations in respect of that regulated non-automatic weighing instrument; or
(b)the Director of Public Prosecutions for Northern Ireland.
63.—(1) This regulation applies where a competent authority has reasonable grounds for considering that one or more of the following breaches applies in relation to a regulated non-automatic weighing instrument that has been placed on the market—
(a)the [F12UK] marking or the M marking has been affixed in violation of [F13regulation 44 or regulation 45];
(b)the [F14UK] marking or the M marking has not been affixed;
(c)the identification number of the [F15approved] body, where the body is involved in the production control phase has—
(i)been affixed otherwise than in accordance with the requirements of these Regulations; or
(ii)not been affixed;
(d)the F16... declaration of conformity has not been drawn up correctly;
(e)the technical documentation is either not available or is not complete;
(f)the information referred to in regulation 10 (manufacturers to mark contact details on regulated non-automatic weighing instruments) or regulation 18 (requirements to mark importers' details on regulated non-automatic weighing instruments) is absent, false or incomplete; or
(g)any other failure—
(i)by a manufacturer to comply with the requirements of Chapter 1 of Part 2; or
(ii)by an importer to comply with the requirements of Chapter 2 of Part 2.
(2) The competent authority may serve a notice in writing (“a compliance notice”) on the economic operator it considers is responsible for the breach which must—
(a)describe the regulated non-automatic weighing instrument to which it relates in a manner sufficient to identify that instrument;
(b)specify which of the circumstances in paragraph (1) applies in relation to the regulated non-automatic weighing instrument;
(c)require the economic operator on whom the notice is served to take steps specified in the notice to remedy the matters referred to in sub-paragraph (b);
(d)specify the date, being not less than 21 days from the date of the notice, by which the steps specified in it must be taken; and
(e)warn that person that, where the non-conformity continues beyond the date specified in sub-paragraph (d), the competent authority may take further action under regulation 64 (enforcement notice procedure) in respect of that regulated non-automatic weighing instrument.
(3) Where a compliance notice is served by a competent authority other than the Secretary of State, it must, at the same time as it serves that notice, send a copy to the Secretary of State.
Extent Information
E3This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F12Word in reg. 63(a) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 36(a) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F13Words in reg. 63(1)(a) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 36(b) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F14Word in reg. 63(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 36(a) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F15Word in reg. 63(1)(c) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 36(c) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F16Word in reg. 63(1)(d) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 36(d) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
63.—(1) This regulation applies where a competent authority has reasonable grounds for considering that one or more of the following breaches applies in relation to a regulated non-automatic weighing instrument that has been placed on the market—
(a)the CE marking or the M marking has been affixed in violation of Article 30 of the RAMS Regulation or the requirements of these Regulations;
(b)the CE marking or the M marking has not been affixed;
(c)the identification number of the notified body, where the body is involved in the production control phase has—
(i)been affixed otherwise than in accordance with the requirements of these Regulations; or
(ii)not been affixed;
[F44(ca)the UK(NI) indication—
(i)has not been affixed, in contravention of regulation 45A; or
(ii)has been affixed other than in accordance with regulation 45A;]
(d)the EU declaration of conformity has not been drawn up correctly;
(e)the technical documentation is either not available or is not complete;
(f)the information referred to in regulation 10 (manufacturers to mark contact details on regulated non-automatic weighing instruments) or regulation 18 (requirements to mark importers' details on regulated non-automatic weighing instruments) is absent, false or incomplete; or
(g)any other failure—
(i)by a manufacturer to comply with the requirements of Chapter 1 of Part 2; or
(ii)by an importer to comply with the requirements of Chapter 2 of Part 2.
(2) The competent authority may serve a notice in writing (“a compliance notice”) on the economic operator it considers is responsible for the breach which must—
(a)describe the regulated non-automatic weighing instrument to which it relates in a manner sufficient to identify that instrument;
(b)specify which of the circumstances in paragraph (1) applies in relation to the regulated non-automatic weighing instrument;
(c)require the economic operator on whom the notice is served to take steps specified in the notice to remedy the matters referred to in sub-paragraph (b);
(d)specify the date, being not less than 21 days from the date of the notice, by which the steps specified in it must be taken; and
(e)warn that person that, where the non-conformity continues beyond the date specified in sub-paragraph (d), the competent authority may take further action under regulation 64 (enforcement notice procedure) in respect of that regulated non-automatic weighing instrument.
(3) Where a compliance notice is served by a competent authority other than the Secretary of State, it must, at the same time as it serves that notice, send a copy to the Secretary of State.
Extent Information
E9This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
64.—(1) This regulation applies where a competent authority has reasonable grounds for considering that an economic operator on whom a compliance notice has been served by the competent authority has failed to comply with that notice.
(2) The competent authority may serve a notice (“an enforcement notice”) on the economic operator which must—
(a)be in writing;
(b)describe the regulated non-automatic weighing instrument to which it relates in a manner sufficient to identify that instrument;
(c)specify, with reasons, the respects in which, in the opinion of the competent authority, the compliance notice has not been complied with;
(d)specify the steps that the economic operator must take to comply with the compliance notice; and
(e)specify the date, being not less than 21 days from the date of the notice, by which the economic operator is required to take the steps specified in it.
(3) An enforcement notice may impose either or both of the following requirements where appropriate—
(a)that the regulated non-automatic weighing instrument is to be withdrawn from the market unless the steps referred to in paragraph (2)(d) are taken; or
(b)that the placing on the market or making available on the market of the regulated non-automatic weighing instrument is to be prohibited or restricted unless the steps referred to in paragraph (2)(d) are taken.
(4) Where an enforcement notice is served by an competent authority other than the Secretary of State, it must at the same time as it serves that notice send a copy of the notice to the Secretary of State.
(5) If the Secretary of State is of the opinion that consideration ought to be given as to whether a certificate or notification which is granted by [F17an approved] body should be withdrawn, the Secretary of State must inform [F18that approved] body of that fact.
F19(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E4This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F17Words in reg. 64(5) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 37(a)(i) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F18Words in reg. 64(5) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 37(a)(ii) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F19Reg. 64(6) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 37(b) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
64.—(1) This regulation applies where a competent authority has reasonable grounds for considering that an economic operator on whom a compliance notice has been served by the competent authority has failed to comply with that notice.
(2) The competent authority may serve a notice (“an enforcement notice”) on the economic operator which must—
(a)be in writing;
(b)describe the regulated non-automatic weighing instrument to which it relates in a manner sufficient to identify that instrument;
(c)specify, with reasons, the respects in which, in the opinion of the competent authority, the compliance notice has not been complied with;
(d)specify the steps that the economic operator must take to comply with the compliance notice; and
(e)specify the date, being not less than 21 days from the date of the notice, by which the economic operator is required to take the steps specified in it.
(3) An enforcement notice may impose either or both of the following requirements where appropriate—
(a)that the regulated non-automatic weighing instrument is to be withdrawn from the market [F45in Northern Ireland] unless the steps referred to in paragraph (2)(d) are taken; or
(b)that the placing on the market or making available on the market of the regulated non-automatic weighing instrument is to be prohibited or restricted unless the steps referred to in paragraph (2)(d) are taken.
(4) Where an enforcement notice is served by an competent authority other than the Secretary of State, it must at the same time as it serves that notice send a copy of the notice to the Secretary of State.
(5) If the Secretary of State is of the opinion that consideration ought to be given as to whether a certificate or notification which is granted by a United Kingdom notified body should be withdrawn, the Secretary of State must inform that notified body of that fact.
F46(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Extent Information
E10This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F45Words in reg. 64(3)(a) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(4)(a)
F46Reg. 64(6) omitted (N.I.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 13 para. 6(4)(b)
65.—(1) Where a notice is served under regulation 63 (compliance notice procedure) or 64 (enforcement notice procedure) by a competent authority other than the Secretary of State, an economic operator who is aggrieved by the decision to serve that notice may, in accordance with paragraphs (2) and (3) apply to the Secretary of State to review the decision and on such application the Secretary of State may—
(a)hold an inquiry in connection with the decision; and
(b)appoint an assessor for the purposes of assisting him with his review or any such inquiry.
(2) An application for a review of a decision under paragraph (1) must be made by notice in writing to the Secretary of State before the end of the period of 21 days beginning with the day on which the notice is served on the economic operator by the competent authority under regulation 63 or 64
(3) A notice of application for review under this regulation must state the grounds on which the application is made.
(4) The Secretary of State must, within a reasonable time, inform the economic operator and the authority referred to in paragraph (1) in writing of the Secretary of State's decision whether to uphold the decision of that authority and—
(a)in a case where the Secretary of State upholds that decision, must also state the grounds for the Secretary of State's decision; and
(b)in a case where the Secretary of State does not uphold that decision, may—
(i)where the review relates to regulation 63, give instructions for the withdrawal of the notice given under paragraph (2) of that regulation; or
(ii)where the review relates to regulation 64, give instructions for the withdrawal of the notice given under paragraph (2) of that regulation.
66.—(1) This paragraph applies where an enforcement notice has been served pursuant to regulation 64 (enforcement notice procedure) on an economic operator by a competent authority other than the Secretary of State and either—
(a)the time for making an application for a review pursuant to regulation 65 (review of decisions of competent authorities) has expired without such an application having been made; or
(b)an application has been made by the economic operator and determined without an instruction for the withdrawal of the notice being given and a period of 21 days has elapsed beginning with the day after notice of the outcome of the review has been served on the economic operator.
(2) Where this paragraph (1) applies, if the economic operator on whom the [F20enforcement notice] has been served, fails to comply with the requirements of that notice, that economic operator is guilty of an offence.
(3) An economic operator that fails to comply with an enforcement notice served on the economic operator by the Secretary of State is guilty of an offence.
Textual Amendments
F20Words in reg. 66(2) substituted (1.2.2019) by The Weights and Measures etc. (Miscellaneous) (Amendment) Regulations 2019 (S.I. 2019/5), regs. 1, 7(3)
67.—(1) Where the circumstances in paragraph (2) apply, an inspector may affix a disqualification mark to a regulated non-automatic weighing instrument which bears the—
(a)[F21UK] marking;
(b)M marking; and
(c)identification number of the [F22approved] body which carried out the conformity assessment procedure in respect of the instrument
(2) The circumstances referred to in paragraph (1) are that the instrument is used for any of the purposes listed in regulation 3(2) in circumstances where—
(a)the instrument does not conform to the essential requirements;
(b)the instrument does not conform to any F23...type examination certificate issued in relation to it;
(c)by reason of any adjustment, alteration, addition, repair or replacement it is likely that the instrument has ceased to be compliant with the essential requirements; or
(d)any requirements applicable to the instrument by virtue of Part 7 are not met.
(3) Where one or more of the markings and identification requirements referred to in paragraph (1) is not affixed to a regulated non-automatic weighing instrument, the inspector may affix a disqualification mark to the instrument.
(4) Where it appears to the inspector that the nature or degree of non-compliance of the regulated non-automatic weighing instrument under paragraph (1) is not such that a disqualification mark should be immediately affixed to it, the inspector may give to any person in possession of the instrument a notice requiring the person to ensure that the instrument is made to comply with the essential requirements before the expiry of 21 days from the date of the notice or such longer period as may be specified in the notice.
(5) If a notice given under paragraph (4) is not complied with, the inspector must affix a disqualification mark to the regulated non-automatic weighing instrument.
(6) Any disqualification mark which is affixed to a regulated non-automatic weighing instrument under this regulation must be affixed in such a position that it is clearly visible when the instrument is in its regular operating position.
[F24(6A) A disqualification mark may be affixed to a regulated non-automatic weighing instrument by affixing to the instrument a label which clearly, legibly and indelibly bears the disqualification mark.]
(7) A person is guilty of an offence if that person uses for any of the purposes mentioned in regulation 3(2) a regulated non-automatic weighing instrument to which there is affixed a disqualification mark, unless a re-qualification mark has been affixed to it in accordance with regulation 68 (re-qualification).
Extent Information
E5This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F21Word in reg. 67(1)(a) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 38(a)(i) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F22Word in reg. 67(1)(c) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 38(a)(ii) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F23Word in reg. 67(2)(b) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 38(b) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F24Reg. 67(6A) inserted (9.12.2021) by The Product Safety and Metrology etc. (Amendment) Regulations 2021 (S.I. 2021/1273), regs. 1, 5(3)
67.—(1) Where the circumstances in paragraph (2) apply, an inspector may affix a disqualification mark to a regulated non-automatic weighing instrument which bears the—
(a)CE marking;
(b)M marking; and
(c)identification number of the notified body which carried out the conformity assessment procedure in respect of the instrument
(2) The circumstances referred to in paragraph (1) are that the instrument is used for any of the purposes listed in regulation 3(2) in circumstances where—
(a)the instrument does not conform to the essential requirements;
(b)the instrument does not conform to any EU-type examination certificate issued in relation to it;
(c)by reason of any adjustment, alteration, addition, repair or replacement it is likely that the instrument has ceased to be compliant with the essential requirements; or
(d)any requirements applicable to the instrument by virtue of Part 7 are not met.
(3) Where one or more of the markings and identification requirements referred to in paragraph (1) is not affixed to a regulated non-automatic weighing instrument, the inspector may affix a disqualification mark to the instrument.
(4) Where it appears to the inspector that the nature or degree of non-compliance of the regulated non-automatic weighing instrument under paragraph (1) is not such that a disqualification mark should be immediately affixed to it, the inspector may give to any person in possession of the instrument a notice requiring the person to ensure that the instrument is made to comply with the essential requirements before the expiry of 21 days from the date of the notice or such longer period as may be specified in the notice.
(5) If a notice given under paragraph (4) is not complied with, the inspector must affix a disqualification mark to the regulated non-automatic weighing instrument.
(6) Any disqualification mark which is affixed to a regulated non-automatic weighing instrument under this regulation must be affixed in such a position that it is clearly visible when the instrument is in its regular operating position.
[F24(6A) A disqualification mark may be affixed to a regulated non-automatic weighing instrument by affixing to the instrument a label which clearly, legibly and indelibly bears the disqualification mark.]
(7) A person is guilty of an offence if that person uses for any of the purposes mentioned in regulation 3(2) a regulated non-automatic weighing instrument to which there is affixed a disqualification mark, unless a re-qualification mark has been affixed to it in accordance with regulation 68 (re-qualification).
Extent Information
E11This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F24Reg. 67(6A) inserted (9.12.2021) by The Product Safety and Metrology etc. (Amendment) Regulations 2021 (S.I. 2021/1273), regs. 1, 5(3)
68.—(1) This regulation applies where—
(a)a disqualification mark has been affixed to a regulated non-automatic weighing instrument in accordance with regulation 67 (disqualification);
(b)a notice has been served under regulation 67(4); or
(c)a regulated non-automatic weighing instrument intended to be used for any of the purposes mentioned in regulation 3(2) in the circumstances referred to in [F25regulation 67(2) or 67(3)] but a disqualification mark has not been affixed to the instrument.
(2) A person requiring a re-qualification mark to be affixed to the regulated non-automatic weighing instrument must submit it, in such manner as may be directed, to a re-qualification authority and provide such assistance as the requalification authority may reasonably require.
(3) For the purposes of this regulation, a requalification authority is—
(a)an inspector;
(b)an approved verifier;
(c)[F26an] approved F27... body for module F or F1 in [F28Schedule 7]; or
(d)a manufacturer whose quality system has been approved by a UK [F29approved] body under module D or D1 of [F30Schedule 7] for the purposes of re-qualification.
(4) A requalification authority may affix a re-qualification mark to that regulated non-automatic weighing instrument if satisfied that the instrument is compliant with—
(a)the essential requirements;
(b)any F31...type examination certificate which applies to it; and
(c)where it is intended that the instrument is to be used for trade any requirements applicable to that instrument by virtue of Schedule 4.
(5) For the purposes of being satisfied that a re-qualification mark may be affixed to a regulated non-automatic weighing instrument, a requalification authority may take such steps as the requalification authority considers appropriate, including testing the instrument by means of such test equipment as the requalification authority considers appropriate and suitable for the purpose.
(6) There may be charged in respect of any steps taken under paragraph (5) such fees as are reasonable in the circumstances.
(7) The requalification authority must keep a record of any test carried out under paragraph (5).
(8) Where a re-qualification mark is affixed to a regulated non-automatic weighing instrument pursuant to paragraph (4), it must be affixed in such a position that it obliterates as far as possible any disqualification mark.
[F32(9) Where a re-qualification mark is affixed to a regulated non-automatic weighing instrument pursuant to paragraph (4), it must be accompanied by—
(a)the letters indicating the status of the requalification authority, as follows—
(i)“INS” if the requalification authority is an inspector;
(ii)“AV” if the requalification authority is an approved verifier;
(iii)“AB” if the requalification authority is an approved body for module F or F1 in Schedule 7; or
(iv)“AM” if the requalification authority is a manufacturer whose quality system has been approved by an approved body under module D or D1 of Schedule 7 for the purposes of re-qualification;
(b)the identification number of the requalification authority;
(c)the year of re-qualification in numerical form; and
(d)the letters “GB” or, where the instrument was placed on the market pursuant to regulation 32D (Qualifying Northern Ireland Goods), the letters “QNIG”.
(10) In this regulation—
(a)“identification number of the requalification authority” means—
(i)where the requalification authority is an inspector or approved verifier, the number used to identify them in connection with their approval by or under section 11 of the Weights and Measures Act 1985 (certain equipment to be passed and stamped by inspector);
(ii)where the requalification authority is an approved body, the identification number assigned to it pursuant to regulation 53(1)(a);
(iii)where the requalification authority is a manufacturer whose quality system has been approved by an approved body under module D or D1 of Schedule 7 for the purposes of re-qualification, the requalification authority identification number assigned to it by the Secretary of State;
(b)the re-qualification mark and the information accompanying it required by paragraph (9) may be affixed to a regulated non-automatic weighing instrument by affixing to the instrument a label which clearly, legibly and indelibly bears the re-qualification mark and that accompanying information.]
Extent Information
E6This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F25Words in reg. 68(1)(c) substituted (1.2.2019) by The Weights and Measures etc. (Miscellaneous) (Amendment) Regulations 2019 (S.I. 2019/5), regs. 1, 7(4)
F26Word in reg. 68(3)(c) substituted (E.W.S.) (9.12.2021) by The Product Safety and Metrology etc. (Amendment) Regulations 2021 (S.I. 2021/1273), regs. 1, 11(6)(a)
F27Word in reg. 68(3)(c) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 39(a)(i) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F28Words in reg. 68(3)(c) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 39(a)(ii) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F29Word in reg. 68(3)(d) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 39(b)(i) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F30Words in reg. 68(3)(d) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 39(b)(ii) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F31Word in reg. 68(4)(b) omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 39(c) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F32Reg. 68(9)(10) inserted (E.W.S.) (9.12.2021) by The Product Safety and Metrology etc. (Amendment) Regulations 2021 (S.I. 2021/1273), regs. 1, 11(6)(b)
68.—(1) This regulation applies where—
(a)a disqualification mark has been affixed to a regulated non-automatic weighing instrument in accordance with regulation 67 (disqualification);
(b)a notice has been served under regulation 67(4); or
(c)a regulated non-automatic weighing instrument intended to be used for any of the purposes mentioned in regulation 3(2) in the circumstances referred to in [F47regulation 67(2) or 67(3)] but a disqualification mark has not been affixed to the instrument.
(2) A person requiring a re-qualification mark to be affixed to the regulated non-automatic weighing instrument must submit it, in such manner as may be directed, to a re-qualification authority and provide such assistance as the requalification authority may reasonably require.
(3) For the purposes of this regulation, a requalification authority is—
(a)an inspector;
(b)an approved verifier;
(c)a UK approved notified body for module F or F1 in Annex II to the Directive; or
(d)a manufacturer whose quality system has been approved by a UK notified body under module D or D1 of Annex II to the Directive for the purposes of re-qualification.
(4) A requalification authority may affix a re-qualification mark to that regulated non-automatic weighing instrument if satisfied that the instrument is compliant with—
(a)the essential requirements;
(b)any EU-type examination certificate which applies to it; and
(c)where it is intended that the instrument is to be used for trade any requirements applicable to that instrument by virtue of Schedule 4.
(5) For the purposes of being satisfied that a re-qualification mark may be affixed to a regulated non-automatic weighing instrument, a requalification authority may take such steps as the requalification authority considers appropriate, including testing the instrument by means of such test equipment as the requalification authority considers appropriate and suitable for the purpose.
(6) There may be charged in respect of any steps taken under paragraph (5) such fees as are reasonable in the circumstances.
(7) The requalification authority must keep a record of any test carried out under paragraph (5).
(8) Where a re-qualification mark is affixed to a regulated non-automatic weighing instrument pursuant to paragraph (4), it must be affixed in such a position that it obliterates as far as possible any disqualification mark.
[F48(9) Where a re-qualification mark is affixed to a regulated non-automatic weighing instrument pursuant to paragraph (4), it must be accompanied by—
(a)the letters indicating the status of the requalification authority, as follows—
(i)“INS” if the requalification authority is an inspector;
(ii)“AV” if the requalification authority is an approved verifier;
(iii)“NB” if the requalification authority is a UK approved notified body for module F or F1 in Annex II to the Directive; or
(iv)“AM” if the requalification authority is a manufacturer whose quality system has been approved by a UK notified body under module D or D1 of Annex II to the Directive for the purposes of re-qualification;
(b)the identification number of the requalification authority;
(c)the year of re-qualification in numerical form; and
(d)the letters “NI”.
(10) In this regulation—
(a)“identification number of the requalification authority” means—
(i)where the requalification authority is an inspector or approved verifier, the number used to identify them in connection with their approval by or under article 9 of the Weights and Measures (Northern Ireland) Order 1981 (weighing or measuring equipment for use for trade);
(ii)where the requalification authority is a UK approved notified body, the identification number referred to in regulation 45B(1)(a);
(iii)where the requalification authority is a manufacturer whose quality system has been approved by a UK notified body under module D or D1 of Annex II to the Directive for the purposes of re-qualification, the requalification authority identification number assigned to it by the Secretary of State;
(b)the re-qualification mark and the information accompanying it required by paragraph (9), may be affixed to a regulated non-automatic weighing instrument by affixing to the instrument a label which clearly, legibly and indelibly bears the re-qualification mark and that accompanying information.]
Extent Information
E12This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F47Words in reg. 68(1)(c) substituted (1.2.2019) by The Weights and Measures etc. (Miscellaneous) (Amendment) Regulations 2019 (S.I. 2019/5), regs. 1, 7(4)
F48Reg. 68(9)(10) inserted (N.I.) (9.12.2021) by The Product Safety and Metrology etc. (Amendment) Regulations 2021 (S.I. 2021/1273), regs. 1, 14
69.—(1) Where an inspector considers that a test of a regulated non-automatic weighing instrument is necessary, otherwise than for the purposes of regulation 68 (re-qualification), the inspector may require the person who has control of the instrument, or whom the inspector has reasonable cause to believe has control of the instrument, to provide to the inspector such equipment, test liquid, materials, qualified personnel or other assistance as the inspector may reasonably require.
(2) Every instrument submitted for testing must be in a clean condition.
70.—(1) This regulation applies to a regulated non-automatic weighing instrument.
(2) If it appears to an inspector that a regulated non-automatic weighing instrument used for a purpose mentioned in regulation 3(2)—
(a)for a purpose for which it is unsuitable; or
(b)in circumstances where it is subject to any extraordinary environmental or operating conditions which—
(i)may prevent it operating consistently or accurately; or
(ii)are likely prematurely to degrade its metrological characteristics,
the inspector may affix a disqualification mark to the instrument; and any such mark must be affixed in such a position that it is clearly visible when the instrument is in its regular operating position.