The Product Safety and Metrology etc. (Amendment) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in part in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular paragraphs (a), (d), (e), (ea) and (g) of section 8(2) of that Act) arising from the withdrawal of the United Kingdom from the European Union.

Part 2 extends to the whole of the United Kingdom and amends the Non-automatic Weighing Instruments Regulations 2016 (“NAWI”) and the Measuring Instruments Regulations 2016 (“MIR”), to amend the definitions of “disqualification mark” and “re-qualification mark” in each of those Regulations and inserts a schedule into both setting out the form of both marks.

Part 3 of these Regulations extends to England and Wales and Scotland only. Regulation 7 extends the period during which products meeting EU requirements may be lawfully placed on the market in Great Britain (which comprises England and Wales and Scotland), from 12 months from IP completion day to 24 months from IP completion day (that is, until 11pm on 31st December 2022). Regulation 8 extends the period during which conformity markings can be placed on a label affixed to, or a document accompanying the product, rather than the product itself, from 12 months to 24 months from IP completion day.

Regulations 9 and 10 amend EU references in the Supply of Machinery Regulations 2008 and the Pressure Equipment Regulations 2016. Regulations 11 and 12 amend NAWI and MIR to clarify the manner in which the processes of disqualification and re-qualification apply to instruments complying with EU requirements lawfully placed on the market in Great Britain and also make provision for relevant information to accompany a re-qualification mark, such as the type of authority that applied the mark. Regulation 13 amends regulation 14 of the Radio Equipment Regulations 2017 to make clear that certain information only has to be in the instructions accompanying a product (and removes the requirement for information to be on the packaging as well); and amends the Commission Implementing Regulation which required a UK marking and pictogram as this is no longer applicable or relevant after exit from the European Union.

Part 4 of these Regulations extend to Northern Ireland only, where, pursuant to the Protocol on Ireland / Northern Ireland in the Withdrawal Agreement, EU requirements continue to apply in respect of non-automatic weighing and measuring instruments and radio equipment. Regulation 14 and 15 amend NAWI and MIR to make provision for relevant information to accompany a re-qualification mark, such as the type of authority that applied the mark. Regulation 16 amends regulation 19 of the Radio Equipment Regulations 2017 to reflect the provisions of the European Directive 2014/53/EU which this implements.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.