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The Non-automatic Weighing Instruments Regulations 2016 CHAPTER 3 — CONFORMITY MARKING

43–45B5 provisions

Conformity with ... requirements to be indicated by the UK marking

43

The conformity of a regulated non-automatic weighing instrument with the requirements of these Regulations must be indicated by the presence on it of the UK marking and the M marking.

Prohibition on improper use of UK marking and the M marking

44

(1) An economic operator must not affix the UK marking or the M marking to a regulated non-automatic weighing instrument unless— (a) that economic operator is the manufacturer of the non-automatic weighing instrument; and (b) the conformity of the non-automatic weighing instrument with the essential requirements has been demonstrated by a conformity assessment procedure. (2) An economic operator must not affix a marking to a regulated non-automatic weighing instrument which is not the UK marking or the M marking but which purports to attest that the non-automatic weighing instrument satisfies the essential requirements. (3) An economic operator must not affix to a regulated non-automatic weighing instrument any other marking if the visibility, legibility and meaning of the UK marking or the M marking would be impaired as a result.

Rules and conditions for affixing the UK marking and the M marking etc.

45

(1) The UK marking and M marking (“the markings”) must be affixed to a regulated non-automatic weighing instrument in accordance with the provisions of this regulation. (2) The markings must be affixed visibly, legibly and indelibly to the regulated non-automatic weighing instrument , its data plate, or where regulation 6(2) applies in respect of the UK marking, to a label affixed to the regulated non-automatic weighing instrument, or to a document accompanying the regulated non-automatic weighing instrument . (3) The markings must be affixed before the regulated non-automatic weighing instrument is placed on the market. (4) The M marking must immediately follow the UK marking. (5) The markings must immediately be followed by the identification of the approved body where that body is involved in the production control phase as set out in Schedule 7 . (6) The identification number of the approved body which carried out the conformity assessment procedure must be affixed by the body itself, or under its instructions by the manufacturer or the manufacturer's authorised representative. (7) The markings and the identification number of the approved body may be followed by any other mark indicating a special risk or use.

UK(NI) indication

45A

(1) Where the CE marking is affixed on the basis of an assessment or a certificate issued by a notified body established in the United Kingdom, a UK(NI) indication must be affixed in relation to the regulated non-automatic weighing instrument, in accordance with this regulation. (2) The UK(NI) indication must be affixed— (a) visibly, legibly and indelibly; and (b) before the regulated non-automatic weighing instrument is placed on the market in Northern Ireland. (3) The UK(NI) indication must accompany the CE marking, wherever that is affixed in accordance with regulation 45. (4) The UK(NI) indication must be affixed by— (a) the manufacturer; or (b) the manufacturer's authorised representative. (5) When placing a regulated non-automatic weighing instrument on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation.

Register of notified bodies established in the United Kingdom

45B

(1) The Secretary of State must ensure that— (a) each notified body established in the United Kingdom is assigned an identification number; and (b) there is a register of— (i) notified bodies established in the United Kingdom; (ii) their notified body identification number; (iii) the activities for which they have been notified; (iv) any restrictions on those activities. (2) The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available. (3) The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b).

Back to The Non-automatic Weighing Instruments Regulations 2016 — full text

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