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The Measuring Instruments Regulations 2016

Status:

This is the original version (as it was originally made).

  1. Introductory Text

  2. PART 1 INTRODUCTORY

    1. 1.Citation, commencement and extent

    2. 2.Interpretation

    3. 3.Meaning of “measuring instrument” and related expressions and application of these Regulations

    4. 4.Revocations and transitional and consequential provisions

    5. 5.Exception for trade fairs, exhibitions and demonstration

  3. PART 2 REGULATED MEASURING INSTRUMENTS – OBLIGATIONS OF ECONOMIC OPERATORS

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

      1. 6.Introductory

      2. 7.Manufacturers’ responsibilities – design, conformity assessment and marking of regulated measuring instruments

      3. 8.Manufacturers – obligations in respect of records

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

      5. 10.Manufacturers’ obligations in relation to the marking of regulated measuring instruments with serial numbers etc.

      6. 11.Manufacturers to mark contact details on regulated measuring instruments where possible

      7. 12.Documentation to accompany regulated measuring instruments

      8. 13.Action to be taken where regulated measuring instruments placed on the market are not in conformity with the essential requirements

      9. 14.Provision of information to the competent authority

      10. 15.Use of authorised representatives by manufacturers

    2. CHAPTER 2 OBLIGATIONS OF IMPORTERS

      1. 16.Introductory

      2. 17.Ensuring compliance of regulated measuring instruments

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

      4. 19.Requirements to mark importers’ details on regulated measuring instruments

      5. 20.Importers’ duty to ensure that regulated measuring instruments are accompanied by relevant documentation

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

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

      8. 23.Action to be taken by importers where regulated measuring instruments placed on the market by them are not in conformity with essential requirements

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

      10. 25.Provision of information to the competent authority

    3. CHAPTER 3 OBLIGATIONS OF DISTRIBUTORS

      1. 26.Introductory

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

      3. 28.Distributors – verification obligations

      4. 29.Distributors not to make non-conforming regulated measuring instruments available on the market etc.

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

      6. 31.Action to be taken by distributors where regulated measuring instruments placed on the market by them are not in conformity with essential requirements

      7. 32.Provision of information to the competent authority

    4. CHAPTER 4 IDENTIFICATION OF ECONOMIC OPERATORS

      1. 33.(1) Economic operators must, on request, identify to the market...

  4. PART 3 NON-PRESCRIBED MEASURING INSTRUMENTS

    1. 34.Introductory

    2. 35.Establishing compliance with the essential requirements – non-prescribed measuring instruments

  5. PART 4 CONFORMITY OF MEASURING INSTRUMENTS

    1. CHAPTER 1 ESTABLISHING COMPLIANCE WITH THE ESSENTIAL REQUIREMENTS

      1. 36.Introductory

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

      3. 38.Presumptions of conformity of measuring instruments

      4. 39.Conformity assessment procedures

      5. 40.Capacity serving measures - accredited in house bodies

      6. 41.Subsidiaries and contractors

      7. 42.Fees

    2. CHAPTER 2 REQUIREMENTS AS TO THE TECHNICAL DOCUMENTATION REQUIRED FOR THE PURPOSES OF CONFORMITY ASSESSMENT

      1. 43.Application of this Chapter

      2. 44.General requirements to be met by technical documentation

      3. 45.Specific information to be included in technical documentation

    3. CHAPTER 3 REQUIREMENTS RELATING TO EU DECLARATIONS OF CONFORMITY

      1. 46.Application of Chapter

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

      3. 48.Measuring instruments that require more than one declaration of conformity

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

    4. CHAPTER 4 CONFORMITY MARKING

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

      2. 51.General principles relating to the M marking

      3. 52.Rules and conditions for affixing the CE marking and the M marking

  6. PART 5 NOTIFICATION OF CONFORMITY ASSESSMENT BODIES

    1. 53.Introductory

    2. 54.The notifying authority

    3. 55.Notification

    4. 56.Presumption of conformity of notified bodies

    5. 57.Contents of notification

    6. 58.Monitoring

    7. 59.Delegation to the United Kingdom Accreditation Service

    8. 60.Changes to notifications

  7. PART 6 USE FOR TRADE OF CERTAIN REGULATED MEASURING INSTRUMENTS

    1. 61.The use for trade of the following equipment must comply...

  8. PART 7 MARKET SURVEILLANCE AND ENFORCEMENT

    1. CHAPTER 1 MARKET SURVEILLANCE

      1. 62.The market surveillance authority

      2. 63.Regulated measuring instruments presenting a risk

      3. 64.EU safeguard procedure

      4. 65.Compliant regulated measuring instruments which present a risk

      5. 66.Provisions as to directions under regulations 63 and 65

    2. CHAPTER 2 ENFORCEMENT AUTHORITIES AND PROCEDURES

      1. 67.Enforcement of the Regulations

      2. 68.Compliance notice procedure

      3. 69.Enforcement notices

      4. 70.Review of enforcement decisions of a competent authority

      5. 71.Offence of failure to comply with an enforcement notice

      6. 72.Disqualification

      7. 73.Re-qualification

      8. 74.Testing of regulated measuring instruments

  9. PART 8 OFFENCES

    1. 75.Unauthorised application of authorised marks

    2. 76.Offences by economic operators etc.

    3. 77.Penalties for offences

    4. 78.Defence of due diligence

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

  10. PART 9 MISCELLANEOUS AND SUPPLEMENTAL

    1. 80.Service of documents etc.

    2. 81.Review

  11. Signature

    1. SCHEDULE 1

      ESSENTIAL REQUIREMENTS AND APPLICABLE CONFORMITY ASSESSMENT PROCEDURES

      1. 1.Introductory

      2. 2.Water Meters

      3. 3.Gas meters

      4. 4.Volume conversion devices

      5. 5.Active electrical energy meters

      6. 6.Thermal Energy Meters

      7. 7.Non-water liquid measuring systems

      8. 8.Automatic weighing instruments

      9. 9.Taximeters

      10. 10.Material measures of length

      11. 11.Capacity serving measures

      12. 12.Dimensional measuring instruments

      13. 13.Exhaust gas analysers

    2. SCHEDULE 2

      MEASURING INSTRUMENT WHICH MAY CONTINUE TO BE PUT INTO USE

      1. 1.Cold water meters

      2. 2.A cold-water meter— (a) in respect of a pattern of...

      3. 3.Gas meters

      4. 4.A gas meter for use for trade—

      5. 5.Active electrical energy meters

      6. 6.An active electrical energy meter for use for trade which...

      7. 7.An active electricity meter for use for trade—

      8. 8.Automatic Weighing instruments

      9. 9.Measuring systems for the measurement of liquid fuel and lubricants

      10. 10.(1) A measuring system for use for trade in the...

      11. 11.Measuring systems used for deliveries from road tankers

      12. 12.(1) A measuring system for use for trade in the...

      13. 13.Taximeters

      14. 14.Material measures of length

      15. 15.(1) A material measure of length— (a) in respect of...

      16. 16.Exhaust gas analyser

    3. SCHEDULE 3

      REVOCATIONS AND TRANSITIONAL AND CONSEQUENTIAL PROVISIONS

      1. 1.Instruments revoked

      2. 2.Transitional provisions

      3. 3.Amendments to the Consumer Rights Act 2015

      4. 4.Modifications to the application of the Gas Act 1986

      5. 5.Modifications to the application of the Gas (Northern Ireland) Order 1996

      6. 6.Modifications to the application of the Electricity Act 1989

      7. 7.Modifications to the application of the Electricity (Northern Ireland) Order 1992

    4. SCHEDULE 4

      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 measures 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...

    5. SCHEDULE 5

      REQUIREMENTS RELATED TO NOTIFIED BODIES

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

      2. 2.A conformity assessment body must be independent of the organisation...

      3. 3.(1) A conformity assessment body, its top level management and...

      4. 4.Conformity assessment bodies and their personnel must—

      5. 5.(1) A conformity assessment body must be capable of carrying...

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

      7. 7.(1) The impartiality of the conformity assessment bodies, their top...

      8. 8.(1) Conformity assessment bodies must take out liability insurance.

      9. 9.(1) The personnel of a conformity assessment body must observe...

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

    6. SCHEDULE 6

      IN SERVICE REQUIREMENTS FOR CERTAIN REGULATED MEASURING INSTRUMENTS IN GREAT BRITAIN

      1. PART 1 INTRODUCTORY

        1. 1.(1) This Schedule applies to the use for trade of...

      2. PART 2 COLD WATER METERS

        1. 2.Requirements for use for trade

        2. 3.Maximum permissible error

        3. 4.(1) Where a cold water meter is marked with—

      3. PART 3 LIQUID FUEL AND LUBRICANTS

        1. 5.Requirements for use for trade

        2. 6.No person may use for trade a measuring system unless—...

        3. 7.Maximum permissible error

        4. 8.Manner of use

      4. PART 4 LIQUID FUEL DELIVERED FROM ROAD TANKERS

        1. 9.Requirements for use for trade

        2. 10.No person shall use for trade a measuring system unless—...

        3. 11.Maximum permissible error

        4. 12.Manner of use

        5. 13.Minimum measured quantity

      5. PART 5 AUTOMATIC CATCHWEIGHERS

        1. 14.Interpretation of Part

        2. 15.Requirements for use for trade of automatic catchweighers

        3. 16.Maximum permissible error

        4. 17.Manner of use

        5. 18.Where an automatic catchweigher is marked with a measurement range,...

        6. 19.No person may use for trade an automatic catchweigher other...

        7. 20.(1) Where an automatic catchweigher is marked with a temperature...

        8. 21.Manner of erection and installation

      6. PART 6 AUTOMATIC GRAVIMETRIC FILLING INSTRUMENTS

        1. 22.(1) No person may use for trade an automatic gravimetric...

        2. 23.Maximum permissible error

        3. 24.Manner of use

        4. 25.Automatic gravimetric filling instruments to be set to zero

        5. 26.Manner of erection and installation

      7. PART 7 AUTOMATIC DISCONTINOUS TOTALISERS

        1. 27.Requirements for use for trade

        2. 28.Manner of use

        3. 29.Manner of erection and installation

      8. PART 8 AUTOMATIC RAIL WEIGHBRIDGES

        1. 30.Requirements for use for trade

        2. 31.Manner of erection and installation

        3. 32.Maximum permissible error and accuracy class

        4. 33.Manner of use

      9. PART 9 BELTWEIGHERS

        1. 34.Requirements for use for trade

        2. 35.Manner of use

        3. 36.Position of the operator

        4. 37.Manner of erection and installation

      10. PART 10 MATERIAL MEASURES OF LENGTH

        1. 38.Requirements for use for trade

        2. 39.Manner of use

      11. PART 11 CAPACITY SERVING MEASURES

        1. 40.Requirements for use for trade

        2. 41.Manner of use

    7. SCHEDULE 7

      MONETARY PENALTIES

      1. 1.Introduction

      2. 2.Procedure

      3. 3.Appeals

      4. 4.Interest and recovery

  13. Explanatory Note

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