The market surveillance authority
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The Secretary of State is the market surveillance authority for the purposes of these Regulations and RAMS.
The Measuring Instruments Regulations 2016 CHAPTER 1 — MARKET SURVEILLANCE
Regulated measuring instruments presenting a risk
63
(1) This regulation applies where the market surveillance authority has sufficient reason to believe that a regulated measuring instrument presents a risk on grounds of public interest, public health, public safety, public order, protection of the environment, protection of consumers, the levying of taxes and duties or fair trading. (2) Where this regulation applies the market surveillance authority must carry out an evaluation of the regulated measuring instrument covering all relevant requirements of these Regulations which apply to that instrument. (3) The relevant economic operators in relation to the regulated measuring instrument must co-operate as necessary with the market surveillance authority for that purpose. (4) Where in the course of the evaluation referred to in paragraph (2), the market surveillance authority finds that the regulated measuring instrument does not comply with the essential requirements applicable to it, it must without delay issue a direction which requires the relevant economic operator to— (a) take all appropriate corrective actions; (b) withdraw the instrument from the market; or (c) recall it within a reasonable period commensurate with the nature of the risk. (5) Where the market surveillance authority acts under paragraph (4), it must without delay inform the approved body that carried out the conformity assessment procedure in respect of the regulated measuring instrument of— (a) the respect in which the instrument is not in conformity with the requirements of these Regulations; and (b) the actions that the authority is requiring the relevant economic operator to take. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) The economic operator must ensure that all appropriate corrective action is taken in respect of all the regulated measuring instruments concerned that it has made available in the United Kingdom . (8) Where the relevant economic operator does not take adequate corrective action within a reasonable period, the market surveillance authority must take all provisional measures to prohibit or restrict the regulated measuring instrument being made available on the market, to withdraw the instrument from the market or to recall it. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
EU safeguard procedure
64
(1) Where another relevant state has initiated the procedure under Article 42 of the Directive, the Market surveillance authority must without delay, inform the Commission and the other relevant states of— (a) any measures taken by a competent authority in respect of the regulated measuring instrument; (b) any additional information which the market surveillance authority has at its disposal relating to the lack of conformity of the regulated measuring instrument. (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Where a measure taken by another relevant state in respect of a regulated measuring instrument is considered justified under Article 42 of the Directive, the market surveillance authority must ensure that appropriate measures to withdraw the instrument are taken in respect of the regulated measuring instrument without delay. (3) If, pursuant to Article 43 of the Directive, the Commission considers a direction given pursuant to regulation 63(4) is unjustified, the market surveillance authority must forthwith withdraw it and notify other enforcement authorities and economic operators affected accordingly.
Compliant regulated measuring instruments which present a risk
65
(1) This regulation applies where, having carried out an evaluation under regulation 63, the market surveillance authority finds that although a regulated measuring instrument is in compliance with the requirements of these Regulations, it presents a risk on grounds of public interest, public health, public safety, public order, protection of the environment, protection of consumers, the levying of taxes and duties or fair trading. (2) Where this regulation applies, the market surveillance authority must issue a direction requiring the economic operator to— (a) take all appropriate measures to ensure that the regulated measuring instrument concerned, when placed on the market, no longer presents that risk; (b) withdraw the regulated measuring instrument from the market; or (c) recall it within a reasonable period, commensurate with the nature of the risk as it may prescribe. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Provisions as to directions under regulations 63 and 65
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(1) This regulation applies in relation to directions given under regulations 63 and 65. (2) A direction must— (a) be in writing; (b) describe the regulated measuring instrument to which it relates in a manner sufficient to identify that instrument; (c) specify the risk identified by the market surveillance authority; (d) specify the steps that the economic operator must take (including the time period within which they must be taken). (3) The Secretary of State may impose a monetary penalty on an economic operator who fails to comply with a direction given under regulation 63 or 65. (4) Schedule 7 has effect in relation to a monetary penalty imposed under paragraph (3).
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