Unauthorised application of authorised marksE+W+S
71.—(1) Subject to paragraph (2), a person is guilty of an offence if, that person—
(a)affixes an authorised mark to a regulated non-automatic weighing instrument otherwise than in accordance with these Regulations;
(b)alters or defaces an authorised mark affixed to a regulated non-automatic weighing instrument (otherwise than as authorised by any provision of these Regulations);
(c)removes an authorised mark affixed to a regulated non-automatic weighing instrument; or
(d)affixes any other marking to a regulated non-automatic weighing instrument which is likely to deceive any person as to the meaning or form, or both, of an authorised mark.
(2) Where the alteration, defacement or removal of an authorised mark is occasioned solely—
(a)in the course of the adjustment or repair of a regulated non-automatic weighing instrument by a person regularly engaged in the business of repair of such instruments, or by that person's authorised agent; or
(b)by an enforcement officer or approved verifier in the carrying out of any of their functions under these Regulations,
that person or that person's authorised agent, enforcement officer or approved verifier is not guilty of an offence under paragraph (1)(b) or (1)(c).
(3) A person is guilty of an offence if that person places on the market, puts into service or uses for a purpose mentioned in regulation 3(2) a regulated non-automatic weighing instrument—
(a)from which, to that person's knowledge, an authorised mark has been removed; or
(b)which to that person's knowledge, bears—
(i)an authorised mark affixed otherwise than in accordance with these Regulations;
(ii)an authorised mark that has been altered or defaced otherwise than in the circumstances referred to in paragraph (2); or
(iii)any marking which is likely to deceive any person as to the meaning or form, or both, of an authorised mark.
(4) A regulated non-automatic weighing instrument in respect of which an offence under this regulation has been committed and any implement used in the commissioning of the offence shall be liable to be forfeited.
(5) In this regulation, “authorised mark” means
(a)the [F1UK] marking,
(b)the M marking,
(c)the identification number of the [F2approved] body which carried out the conformity assessment procedure in respect of the regulated non-automatic weighing instrument,
(d)a disqualification mark or
(e)a re-qualification 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
F1Word in reg. 71(5)(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. 40(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)
F2Word in reg. 71(5)(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. 40(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)
Unauthorised application of authorised marksN.I.
71.—(1) Subject to paragraph (2), a person is guilty of an offence if, that person—
(a)affixes an authorised mark to a regulated non-automatic weighing instrument otherwise than in accordance with these Regulations;
(b)alters or defaces an authorised mark affixed to a regulated non-automatic weighing instrument (otherwise than as authorised by any provision of these Regulations);
(c)removes an authorised mark affixed to a regulated non-automatic weighing instrument; or
(d)affixes any other marking to a regulated non-automatic weighing instrument which is likely to deceive any person as to the meaning or form, or both, of an authorised mark.
(2) Where the alteration, defacement or removal of an authorised mark is occasioned solely—
(a)in the course of the adjustment or repair of a regulated non-automatic weighing instrument by a person regularly engaged in the business of repair of such instruments, or by that person's authorised agent; or
(b)by an enforcement officer or approved verifier in the carrying out of any of their functions under these Regulations,
that person or that person's authorised agent, enforcement officer or approved verifier is not guilty of an offence under paragraph (1)(b) or (1)(c).
(3) A person is guilty of an offence if that person places on the market, puts into service or uses for a purpose mentioned in regulation 3(2) a regulated non-automatic weighing instrument—
(a)from which, to that person's knowledge, an authorised mark has been removed; or
(b)which to that person's knowledge, bears—
(i)an authorised mark affixed otherwise than in accordance with these Regulations;
(ii)an authorised mark that has been altered or defaced otherwise than in the circumstances referred to in paragraph (2); or
(iii)any marking which is likely to deceive any person as to the meaning or form, or both, of an authorised mark.
(4) A regulated non-automatic weighing instrument in respect of which an offence under this regulation has been committed and any implement used in the commissioning of the offence shall be liable to be forfeited.
(5) In this regulation, “authorised mark” means
(a)the CE marking,
(b)the M marking,
(c)the identification number of the notified body which carried out the conformity assessment procedure in respect of the regulated non-automatic weighing instrument,
[F3(ca)the UK(NI) indication;]
(d)a disqualification mark or
(e)a re-qualification 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