Citation, commencement and extent
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(1) These Regulations may be cited as the Measuring Instruments Regulations 2016. (2) These Regulations come into force on 28th December 2016. (3) These Regulations extend to Northern Ireland except Part 6.
The Measuring Instruments Regulations 2016 PART 1 — INTRODUCTORY
Interpretation
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(1) In these Regulations— “ the 1985 Act ” means the Weights and Measures Act 1985; ... ... “ active electrical energy meter ” means a device which measures the active electrical energy consumed in a circuit which is intended for residential, commercial or light industrial use; “ approved body ” has the meaning given to it in regulation 53 (approved bodies); “ authorised representative ” means any person established in the United Kingdom who has received a written mandate from a manufacturer to act on the manufacturer's behalf in relation to specified tasks; “ automatic weighing instrument ” means an instrument that— determines the mass of a product without the intervention of an operator; and follows a predetermined programme of automatic processes characteristic of the instrument intended to determine the mass of a body by using the action of gravity on that body; “ automatic gravimetric filing instrument ” means an automatic weighing instrument that fills containers with a predetermined and virtually constant mass of product from bulk; “ automatic catchweigher ” means an automatic weighing instrument that determines the mass of pre-assembled discrete loads (for example pre-packages) or single loads of loose material; “ automatic checkweigher ” means an automatic catchweigher which sub-divides articles of different mass into two or more sub-groups according to the value of the difference between their mass and the nominal set point; “ automatic discontinuous totaliser ” means an automatic weighing instrument that— determines the mass of a bulk product by dividing the product into discrete loads; determines in sequence and sums the mass of each discrete load; and delivers each discrete load to bulk; “ automatic rail-weighbridge ” means an automatic weighing instrument having a load receptor inclusive of rails for conveying railway vehicles; “ automatic weight grading instrument ” means an instrument which sub-divides articles of different mass into several sub-groups, each characterised by a given mass range; “ beltweigher ” means an automatic weighing instrument that continuously determines the mass of a bulk product on a conveyor belt without systematic subdivision of the product without interrupting the movement of the conveyor belt; “ capacity serving measure ” means a capacity serving measure (such as a drinking glass, jug or thimble measure) designed to determine a specified volume of a liquid (other than a pharmaceutical product) which is sold for immediate consumption; ... “ commencement date ” means the date referred to in regulation 1(2); ... “ competent authority ” means any person who is pursuant to regulation 67 (enforcement of the Regulations), authorised to enforce these Regulations; “ compliance notice ” means a notice served in accordance with regulation 68(2); “ conformity assessment ” means the process demonstrating whether the essential requirements relating to a regulated measuring instrument have been met; “ conformity assessment body ” means a body that performs conformity assessment activities including calibration, testing, certification and inspection; “ declaration of conformity ” means a declaration of conformity required to be drawn up in accordance with chapter 3 of Part 4; “ designated standard ” has the meaning given to it in regulation 2A; “ design examination certificate ” means a design certificate issued by an approved body in accordance with Module H1 in Schedule 1B ... “ the Directive ” means Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments ...; “disqualification mark” means a marking in the form set out in paragraph 1 of Schedule A1; “ distributor ” means any person in the supply chain, other than a manufacturer or an importer, who makes a regulated measuring instrument available on the market; “ economic operator ” means a manufacturer, authorised representative, importer or distributor; “ enforcement notice ” means a notice served in accordance with regulation 69(2); “ enforcement officer ” means— an inspector; or a person appointed by the Secretary of State to act on the Secretary of State's behalf to enforce these Regulations; “ essential requirements ” means, in relation to a regulated measuring instrument (or a class of that measuring instrument), the requirements specified as being applicable in relation to that measuring instrument (or that class) in Schedule 1A and 1C to 1J ; ... ... ... “ exhaust gas analyser ” means a regulated measuring instrument that serves, in relation to a motor vehicle engine with spark ignition, to determine at the moisture level of the sample analysed the volume fractions of the following exhaust gas components— carbon monoxide; carbon dioxide; oxygen; and hydrocarbons; “ gas meter ” means an instrument designed to measure, memorise and display the quantity of fuel gas (volume or mass) that has passed it which is intended for residential, commercial or light industrial use; ... “ importer ” means a person who— is established in the United Kingdom and places a regulated measuring instrument from a country outside of the United Kingdom on the market; or is established in Northern Ireland and places a regulated measuring instrument on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state; “ in writing ” includes text that is— transmitted by electronic means; received in legible form; and capable of being used for subsequent reference; “ M marking ” means a marking applied to a regulated measuring instrument which consists of the capital letter ‘M’ and the last two digits of the year of its affixing surrounded by a rectangle, the height of which is equal to that of the UK marking applied to that instrument; ... “ make available on the market ” means any supply of a regulated measuring instrument for distribution, or use on market of Great Britain in the course of a commercial activity, whether in return for payment or free of charge, and related expressions are to be construed accordingly; “ manufacturer ” means a person who— manufactures a regulated measuring instrument, or has a regulated measuring instrument designed or manufactured, and markets that regulated measuring instrument under their name or trade mark; or is to be treated as a manufacturer by virtue of regulation 6(2); “ market surveillance authority ” means the Secretary of State acting in the capacity of the market surveillance authority pursuant to the designation made by regulation 62 (the market surveillance authority) ...; “ material measure ” means— a material measure of length; or a capacity serving measure; “ material measure of length ” means an instrument comprising scale marks whose distances are given in legal units of length; ... ... “ non-water liquid measuring system ” means a measuring system for the continuous and dynamic measurement of quantities of liquids other than water where— the system comprises a meter and all devices required to ensure correct measurement or intended to facilitate the measuring operations; and the expression “ meter ” means an instrument designed to measure continuously, memorise and display the quantity at metering conditions of liquid flowing through the measurement transducer in a closed, fully charged conduit; “ normative document ” means a document containing technical specifications adopted by the International Organisation of Legal Metrology; ... ... ... “ place on the market ” means the first making available of a regulated instrument on the market of Great Britain and related expressions are to be construed accordingly; “ putting into use ” means the first use of a regulated measuring instrument intended for the end-user for the purposes for which it was intended and related expressions are to be construed accordingly; “ RAMS ” means Regulation (EC) 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (as from time to time amended); “ recall ” means any measure aimed at achieving the return of a regulated measuring instrument that has already been made available to the end-user and related expressions are to be construed accordingly; “ regulated measuring instrument ” means an instrument of the kind referred to in regulation 3(2); “ relevant conformity assessment procedure ” means, in relation to a particular regulated measuring instrument, a conformity assessment procedure specified in Schedules 1C to 1J as being applicable to that instrument; “ relevant economic operator ” means, in relation to a regulated measuring instrument, an economic operator with obligations in respect of that regulated measuring instrument under Part 2; “re-qualification mark” means a marking in the form set out in paragraph 2 of Schedule A1; ... “ taximeter ” means a device that works together with a signal generator to make a regulated measuring instrument with the device measuring duration, calculating distance on the basis of a signal delivered by the distance signal generator and calculating and displaying the fare to be paid for a trip on the basis of the calculated distance or the measured duration of the trip, or both; “ technical documentation ” means documentation prepared in accordance with Chapter 2 of Part 4; “ technical specification ” means a document that prescribes technical requirements to be fulfilled by a regulated measuring instrument; ... “ type examination certificate ” means a type examination certificate issued by an approved body in accordance with Module B in Schedule 1B; “ UK marking ” means the marking in the form set out in Annex 2 of RAMS; “ UK national accreditation body ” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS; ... ... ... “ water meter ” means an instrument designed to measure, memorise and display, the volume at metering conditions of water passing through the measurement transducer for the measurement of volumes of clean, cold or heated water intended for residential, commercial or light industrial use “ weights and measures authority ” means a local weights and measures authority within the meaning set out in section 69 of the Weights and Measures Act 1985 ; and “withdraw”, when used in relation to a regulated measuring instrument, means taking any measure aimed at preventing a regulated measuring instrument in the supply chain from being made available on the market and related expressions are to be construed accordingly. (1A) Schedules 1A to 1J reproduce the provisions of Annexes I to V, VII to X and XII to the Directive (respectively) with amendments to correct deficiencies in assimilated law. (1B) A reference to a provision of Schedules 1A to 1J is a reference to the equivalent provision of the relevant Annex to the Directive as set out in the relevant Schedule. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Other expressions used in these Regulations have in relation to the application of these Regulations to— (a) Great Britain, the same meanings as in the Weights and Measures Act 1985; and (b) Northern Ireland, the same meanings as it the Weights and Measures (Northern Ireland) Order 1981 .
Designated standard
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(1) Subject to paragraphs (6) and (7), in these Regulations a “ designated standard ” means a technical specification which is— (a) adopted by a recognised standardisation body or an international standardising body , for repeated or continuous application, with which compliance is not compulsory; and (b) designated by the Secretary of State by publishing the reference to the standard and maintaining that publication in a manner the Secretary of State considers appropriate. (2) For the purposes of paragraph (1), a “ technical specification ” means a document that prescribes technical requirements to be fulfilled by a regulated measuring instrument, process, service or system and which lays down one or more of the following— (a) the characteristics required of a regulated measuring instrument, including— (i) levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, and (ii) the requirements applicable to the regulated measuring instrument as regards the name under which the regulated measuring instrument is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures; and (b) production methods and processes relating to the regulated measuring instrument, where these have an effect on the characteristics of the regulated measuring instrument. (3) For the purposes of this regulation a “ recognised standardisation body ” means any one of the following organisations— (a) the European Committee for Standardisation (CEN); (b) the European Committee for Electrotechnical Standardisation (Cenelec); (c) the European Telecommunications Standards Institute (ETSI); (d) the British Standards Institution (BSI). (3A) In this regulation “ international standardising body ” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time). (4) When considering whether the manner of publication of a reference is appropriate in accordance with paragraph (1)(b), the Secretary of State must have regard to whether the publication will draw the standard to the attention of any person who may have an interest in the standard. (5) Before publishing the reference to a technical specification adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical specification is consistent with such technical specifications adopted by the other recognised standardisation bodies or by international standardising bodies as the Secretary of State considers to be relevant . (6) The Secretary of State may remove from publication the reference to a standard which has been published in accordance with paragraph (1)(b). (7) Where the Secretary of State removes the reference to a standard from publication, that standard is no longer a designated standard. (8) The Secretary of State may by regulations amend paragraph (3) to reflect any changes in the name or structure of the recognised standardisation bodies. (9) Regulations made under paragraph (8) are to be made by statutory instrument. (10) A statutory instrument containing regulations made under paragraph (9) is subject to annulment in pursuance of a resolution of either House of Parliament.
Meaning of “ regulated measuring instrument” ... and application of these Regulations
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(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In these Regulations a reference to a regulated measuring instrument means a measuring instrument of any of the following descriptions — (a) water meters used for trade for the supply of potable water in the temperature range from 0.1°C to and including 30°C; (b) gas meters for use for trade except a gas meter which is used under an agreement providing for the supply of a quantity of gas at a rate of flow which, if measured at a temperature of 15°C and a pressure of 1013.25 millibars, would exceed 1600 cubic meters an hour (or the equivalent quantity in kilograms); (c) active electrical energy meters for use for trade other than an instrument which is used under an agreement providing for the supply of active electrical energy where— (i) the maximum quantity supplied exceeds 100 kilowatts per hour; and (ii) the instrument provides measurement on a half-hourly basis; (d) non-water liquid measuring systems for use for trade of the following descriptions— (i) a measuring system which is used for the continuous and dynamic measurement in a quantity not exceeding 100 litres or 100 kilograms of a liquid fuel, lubricant or a mixture of fuel and lubricant other than— (aa) liquefied petroleum gas; or (bb) liquefied natural gas; (ii) a measuring system (other than one used in connection with the refuelling of aircraft, ships or hovercraft) which is used for the continuous and dynamic measurement in a quantity exceeding 100 litres or 100 kilograms of liquid fuel delivered from a road tanker other than— (aa) liquefied gases; (bb) lubricating oils; (cc) liquid fuels of a temperature below -153°C; or (dd) liquid fuels of a dynamic viscosity exceeding 100 millipascal seconds at 15°C; (e) automatic weighing instruments of the following kinds which are for use for trade— (i) automatic gravimetric filling instruments; (ii) automatic catchweighers (other than automatic checkweighers and automatic weight grading instruments); (iii) automatic rail-weighbridges; (iv) beltweighers; and (v) discontinuous totalisers; (f) taximeters intended for use for the protection of consumers; (g) material measures which are for use for trade of the following kinds— (i) material measures of length (excluding dipping and strapping tapes); (ii) capacity serving measures for the measurement of draft beer or cider of the following capacities: 1 / 3 pint, ½ pint, 2 / 3 pint, 1 pint, 2 pints, 4 pints, 8 pints and 16 pints; (iii) capacity serving measures for the measurement of liquids other than draft beer or cider of the following capacities in millilitres (ml) and litres (l): 5 ml, 10 ml, 20 ml, 25 ml, 35 ml, 50 ml, 70 ml, 100 ml, 125 ml, 150 ml, 175 ml, 200 ml, 250 ml, 500 ml, 1 l, 2 l, 2.5 l, 5 l, 10 l and 20 l; (h) exhaust gas analysers intended for use for the protection of the environment and public health except where the exhaust gas analyser includes or is connected to a device which is not used for the protection of the environment and public health; (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) These Regulations do not apply to the putting into use of the instruments listed in Schedule 2.
Revocations and transitional and consequential provisions
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Schedule 3 (revocations, and transitional and consequential provisions) has effect.
Exception for trade fairs, exhibitions and demonstration
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Nothing in these Regulations prevents the showing and use of a regulated measuring instrument which is not in conformity with the requirements of these Regulations at a trade fair, exhibition or demonstration for the marketing of regulated measuring instruments, provided that a visible sign clearly indicates— (a) the name and date of the trade fair or exhibition; (b) that the instrument is not in conformity with these Regulations; and (c) that the instrument is not available for sale until brought into conformity with these Regulations.
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