reg 72 Disqualification
(1) This regulation and regulation 73 (re-qualification) apply only in relation to a regulated measuring instruments of the following kinds— (a) cold water meters; (b) automatic weighing instruments; (c) material measures; and (d) non-water liquid measuring systems. (2) Where the circumstances in paragraph (3) apply, an inspector may affix a disqualification mark to a regulated measuring instrument which bears the— (a) UK marking; (b) M marking; and (c) identification number of the approved body which carried out the conformity assessment procedure in respect of the instrument. (3) The circumstances referred to in paragraph (2) are that the instrument is used for trade in circumstances where— (a) the instrument does not conform to the essential requirements (other than the requirements relating to maximum permissible errors); (b) the instrument is not in conformity with any ... type examination certificate or ... design examination certificate which applies to it; (c) by reason of any adjustment, alteration, addition, repair or replacement, it is likely that the instrument has ceased to conform with the essential requirements (other than the requirements relating to maximum permissible errors); or (d) any requirements applicable to the instrument by virtue of Part 6 are not met. (4) Where one or more of the markings and identification requirements referred to in paragraph (2) is not affixed to a regulated measuring instrument, the inspector may affix a disqualification mark to the instrument. (5) Where it appears to the inspector that the nature or degree of non-compliance of the regulated measuring instrument under paragraph (2) is not such that a disqualification mark should be immediately affixed to it or to any sealing device on it, the inspector may give to any person in possession of the instrument a notice requiring the person to ensure that the instrument is made to comply with the essential requirements before the expiry of 21 days from the date of the notice or such longer period as may be specified in the notice. (6) If a notice given under paragraph (5) is not complied with, the inspector must affix a disqualification mark to the regulated measuring instrument or to any sealing device on it. (7) Any disqualification mark which is affixed to a regulated measuring instrument under this regulation must be affixed in such a position that it is clearly visible when the instrument is in its regular operating position or where it is affixed to any sealing device on the instrument, it must be affixed in such a position that it obliterates as far as possible any inscription on that sealing device. (7A) A disqualification mark may be affixed to a relevant regulated measuring instrument by affixing to the instrument a label which clearly, legibly and indelibly bears the disqualification mark. (8) A person is guilty of an offence if that person uses for trade a regulated measuring instrument to which there is affixed a disqualification mark, unless a re-qualification mark has been affixed to it in accordance with regulation 73 (requalification).