Weights and Measures (Northern Ireland) Order 1981

Approved patterns of equipment for use for trade N.I.

10.—(1) Where any pattern of weighing or measuring equipment is submitted to the Department for the purpose by any person in such manner as may be prescribed, the Department shall examine in such manner as it thinks fit the suitability for use for trade of equipment of that pattern, having regard in particular to the principle, materials and methods used or proposed to be used in its construction, and if the Department is satisfied that such equipment is suitable for use for trade, then, subject to Article 12(2), it shall issue a certificate of approval of that pattern and cause particulars of the pattern to be published.

(2) Paragraph (1) applies to a pattern consisting of an approved pattern with modifications as it applies to other patterns, and in this paragraph “approved pattern” means a pattern in respect of which a certificate of approval under paragraph (1) is in force.

(3) A certificate of approval under paragraph (1) may be granted or renewed subject to such conditions as the Department thinks fit; and if any person—

(a) knowing that a condition other than a condition mentioned in Article 11(1)( b) has been imposed with respect to any equipment, uses, or causes or permits any other person to use, that equipment in contravention of that condition; or

(b) knowing that any condition has been imposed with respect to any equipment, disposes of that equipment to any other person in a state in which it could be used for trade without informing that other person of that condition,

he shall be guilty of an offence and the equipment shall be liable to be forfeited.

(4) The Department, after consultation with such persons as appear to the Department to be interested, may at any time revoke any certificate granted under this Article, and shall cause notice of any such revocation to be published; and where the Department so revokes any certificate, then if any person, knowing that the certificate has been revoked, and save as may be permitted by any fresh certificate granted in respect of it—

(a) uses for trade, or has in his possession for such use; or

(b) causes or permits any other person so to use, any equipment of the pattern in question; or

(c) disposes of any such equipment to any other person in a state in which it coud be so used without informing that other person of the revocation;

he shall be guilty of an offence and the equipment shall be liable to be forfeited.

(5) The provisions of paragraph (4) relating to offences and forfeiture shall not apply in consequence of the revocation of a certificate of approval if the notice of the revocation published under that paragraph states that instead of those provisions the provisions of Article 11(4) are to apply in consequence of the revocation.

(6) Any equipment of a pattern in respect of which a certificate of approval has been granted under this Article may, and in such cases as may be prescribed shall, be marked in the prescribed manner so as to identify it with the pattern in question.

(7) A certificate granted under section 6 of the Weights and Measures Act 1904 [1904 c.28] in respect of any pattern of weighing or measuring equipment shall be deemed for the purposes of this Order to be a certificate of approval of that pattern granted under this Article.

(8) If the Department by notice published in the Belfast Gazette so directs, a certificate granted or deemed to have been granted by the Secretary of State in respect of any pattern of weighing or measuring equipment for the purposes of section 12 of the[F1 Act of 1985] shall be deemed, or shall cease to be deemed, for the purposes of this Order to be a certificate of approval of that pattern or, as the case may be, granted and published under this Article; and

(a) where a certificate such as is first-mentioned was granted subject to a condition corresponding to a condition which may be imposed under paragraph (3), that paragraph shall apply as if the condition had been imposed under that paragraph; and

(b) where either a certificate such as is first-mentioned at any time ceases to be deemed to be a certificate granted under this Article, paragraph (4) shall have effect as if it had then been revoked.

F1 1985 c. 72