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The Non-automatic Weighing Instruments Regulations 2016
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- UK Statutory Instruments
- 2016 No. 1152
- PART 8
- CHAPTER 2
- Regulation 68
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Changes over time for: Section 68
Version Superseded: 09/12/2021
Alternative versions:
- 28/12/2016- Amendment
- 01/02/2019- Amendment
- 31/12/2020- Amendment
- 31/12/2020
Point in time - 09/12/2021- Amendment
Status:
Point in time view as at 31/12/2020. There are multiple versions of this provision on screen. These apply to different geographical extents.This version of this provision has been superseded.
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Changes to legislation:
There are currently no known outstanding effects for the The Non-automatic Weighing Instruments Regulations 2016, Section 68.
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Re-qualificationE+W+S
This section has no associated Explanatory Memorandum
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 [F1regulation 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 F2... body for module F or F1 in [F3Schedule 7]; or
(d)a manufacturer whose quality system has been approved by a UK [F4approved] body under module D or D1 of [F5Schedule 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 F6...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.
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
F1Words 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)
F2Word 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)
F3Words 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)
F4Word 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)
F5Words 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)
F6Word 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)
Re-qualificationN.I.
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 [F7regulation 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.
Extent Information
E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only
Textual Amendments
F7Words 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)
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