The Weighing Equipment (Non-automatic Weighing Machines) Regulations 1988

PART I GENERAL

Citation, commencement and revocation

1.—(1) These Regulations may be cited as the Weighing Equipment (Non-automatic Weighing Machines) Regulations 1988 and shall come into force on 1st November 1988.

(2) The Regulations set out in Schedule 5 to these Regulations are hereby revoked to the extent specified in column 2.

Interpretation

2.—(1) In these Regulations unless the context otherwise requires—

“accelerating machine” means a machine which provides an indication by switching from one state of rest to the other;

“accuracy classification” means classification as a Class I, Class II, Class III or Class IIII machine in accordance with the provisions of Schedule 2 to these Regulations;

“the Act” means the Weights and Measures Act 1985;

“additive tare device” means a tare device which does not intrude upon any of the weighing ranges of the weight indicating and printing devices with which it is associated;

“analogue” means capable of assigning any value or position within a continuous range;

“approved minimum load” means the minimum load which a machine is authorised to weigh;

“approved pattern” means a pattern in respect of which a certificate of approval granted or deemed to have been granted under section 12 of the Act is in force;

“automatic catchweight weighing machine” means an automatic weighing machine which determines but does not regulate the mass of individual items;

“automatic weighing machine” means weighing equipment that includes a machine which accomplishes a weighing operation without intervention by an operator and which sets in motion an automatic process characteristic of the machine;

“automatic zero tracking device” means a device which is designed to correct small, slow changes within the zero setting range of the machine;

“ballast” means any of the materials to which the expression ballast applies in Schedule 4 to the Act;

“certificate of approval” means a certificate of approval of a pattern of weighing equipment granted or renewed by the Secretary of State under section 12 of the Act or any instrument having effect under paragraph 11 of Schedule 11 to the Act as if it were a certificate of approval so granted on 4th April 1979;

“counting machine” means a machine which, by weighing articles of uniform size and composition—

(a)

determines the number of such articles placed on or removed from its load receptor, or

(b)

detects when a pre-determined number of such articles have been placed on or removed from its load receptor;

“customer check weighing machine” means a non-automatic weighing machine which, in accordance with section 7(4)(a) of the Act, is made available for use for trade by any prospective buyer of goods so that he may check their weight before purchasing them;

“device for interpolation of reading” means a device which subdivides without special adjustment the weight scale of an indicating device;

“digital” means capable of assigning only certain discrete values or positions within a continuous range by a series of discontinuous steps;

“first part of the range” means that part of the weighing range defined, in verification scale intervals according to the accuracy classification of the machine, by the Table in Schedule 4 to these Regulations;

“graduated” means having its operating range subdivided into one or more continuous series of scale intervals;

“level indicating device” means a device which indicates when the structure to which it is attached is tilted away from its correct operating position;

“live part” means a part of a machine which, when a force is applied to it, could cause an alteration of the indicated or printed value;

“load receptor” means a part of a machine on which loads are placed for the purpose of their being weighed;

“locking device” means a device which engages a live part or parts of a machine to prevent relative movement between live parts and the frame or casing of the machine;

“mark of EEC initial verification” means the mark described in paragraph 5 of Schedule 1 to the Measuring Instruments (EEC Requirements) Regulations 1988(1);

“maximum capacity” means the greatest load which a weight indicating or printing device is constructed to indicate or print, as the case may be, when all associated tare devices are set to zero;

“maximum load” means the sum of the maximum capacity plus the maximum of any additive tare;

“metrological characteristics” means those operational characteristics of a machine which are evaluated during testing of the machine in accordance with the appropriate provisions of Regulation 35 of and Schedule 3 to these Regulations;

“multiple weighing” means determining the mass of a load by totalising the results of more than one static weighing operation during each of which the load is only partially supported by the load receptor;

“non-automatic weighing machine” means weighing equipment that includes a machine which accomplishes a weighing operation and which requires the intervention of an operator during the weighing process, especially to deposit loads on, or remove loads from, the load receptor and also to determine the result of the weighing process, and for the purposes of these Regulations shall include a weigh-price-labeller;

“non-self indicating machine” means a machine in which the position of equilibrium is obtained entirely by the intervention of an operator;

“notice of examination” means a notice of examination caused to be published by the Secretary of State giving particulars of a pattern in respect of which a certificate of approval has been granted;

“prescribed limits of error” has the meaning set out in Regulation 36 below;

“published particulars” means, in relation to an approved pattern, the particulars of the approved pattern which are published under section 12 of the Act;

“range of self indication” means the range within which the position of equilibrium is obtained without the intervention of the operator;

“relieving device” means a device which can prevent forces applied to a load or weight receptor being transmitted to certain delicate bearings;

“rider” means a small poise which can be moved along a graduated bar or beam;

“rounding error” means the difference between the indicated or printed digital value and the result the machine would give if it were analogue;

“scale interval” means the value, expressed in units of measurement of mass, equal to—

(a)

in the case of a machine with an analogue indicating device, the smallest subdivision of the scale; or

(b)

in the case of a machine with a digital indicating or printing device, the smallest difference between two consecutive indicated or printed values;

“self indicating machine” means a machine in which the position of equilibrium is obtained without the intervention of the operator;

“self service weighing machine” means a non-automatic weighing machine which, in accordance with section 7(1) and (4)(a) of the Act, is made available for use for trade by any prospective buyer of goods so that the weight and price of goods selected by him is determined and made known to him;

“semi-self indicating machine” means a machine in which the operator only intervenes above a certain range of self indication or printing, in order to re-establish the function of self indication or printing;

“the stamp” means the prescribed stamp(2);

“subtractive tare device” means a tare device which intrudes on the weighing range of any weight indicating and printing device with which it is associated;

“tare device” means a device for—

(a)

resetting the weight indicating and weight printing devices to zero when a load is on the associated load receptor, or

(b)

subtracting a preset value of weight from the weight indicating or printing device;

“vehicle check weighing machine” means a non-automatic weighing machine which, in accordance with section 7(4)(a) of the Act, is made available for use for trade only for the purpose of checking compliance with statutory provisions regarding the weight and axle weight of road vehicles;

“verification scale interval” means the metrologically significant value of the scale interval for the verification of the machine which is determined from Schedule 2 to these Regulations;

“weigh-price-labeller” means an automatic catchweight weighing machine which has facilities to price and label individual articles, and for the purpose of these Regulations such a machine is deemed to be a non-automatic weighing machine;

“weighing mode” means one of the number of ways of operating a machine which is necessary to bring into use each of its indicating, printing and taring devices, load receptors and combinations of load receptors, weighing ranges and values of verification scale interval;

“weighing range” means the range between the maximum capacity and—

(a)

the approved minimum load, or

(b)

in a case where there is no approved minimum load marking, the lowest value of weight which can be indicated or printed;

“weight indicating device” means a device which is not a weight printing device and which indicates the weight of a load on an associated load receptor of the machine;

“weight printing device” is a device which can print the weight of a load which is on an associated load receptor of the machine;

“weight receptor”, in relation to a machine where equilibrium is obtained totally or partially by means of weights, means a live part of the machine on which the weights are placed for a weighing operation; and

“zero setting device” means a device by which a machine may be balanced, set to indicate zero, or set to a datum position when the load receptor is empty.

(2) The abbreviations of, and symbols for, units of measurement used in these Regulations refer to the relevant units as follows:—

hundredweight	cwt
quarter	qr
pound	lb
ounce	oz
ounce troy	oz tr
dram	dr
grain	gr
tonne	t
kilogram	kg, kilog
gram	g, grm
carat (metric)	CM
milligram	mg
millimetre	mm

Application

3.—(1) Subject to paragraphs (2) to (4) below, these Regulations apply to all non-automatic weighing machines for use for trade, and such machines are hereby prescribed for the purposes of section 11(1) of the Act.

(2) Nothing in these Regulations shall apply to any non-automatic weighing machine of the following descriptions:—

(a) counting machines without weight indicating or weight printing devices and which are for use only for counting the number of articles;

(b) machines for use only for weighing coins or currency notes for the purpose of determining their number;

(c) machines for use for grading by reference to their weight for the purpose of trading transactions by reference to that grading, of hens' eggs in shell which are intended for human consumption;

(d) machines for use only for weighing paint (other than paste paint);

(e) machines for use only as vehicle check weighing machines and bearing a conspicuous notice to that effect;

(f) machines for use only for making up packages if, and only if, the packages are subsequently checked in accordance with section 49(1)(b) of the Act;

(g) machines specified in paragraph 7 of Schedule 4 to the Weights and Measures (Packaged Goods) Regulations 1986(3) for use only in checking packages in accordance with section 49(1)(b) or (2)(a) of the Act;

and in this paragraph “packages” means packages as defined in section 68(1) of the Act.

(3) Other than Regulations 4 and 21 to 30 below, nothing in these Regulations shall apply to any non-automatic weighing machine which bears the mark of EEC initial verification.

(4) Other than Regulations 4(4), 21, 22 and 30, nothing in these Regulations shall apply to any weighing machine with counting facilities which:

(a) has been in use for trade solely for counting before 1st November 1988; and

(b) bears the legends: “Not to be used for weighing for trade” and “Not to be used for direct trade with the public”; and

(c) has not been passed as fit for use for trade and stamped.

Purposes of use for trade

4.—(1) On or after 1st September 1991, where a non-automatic weighing machine is marked with a weighing range, no person shall use that machine for trade for the purpose of determining the value of loads, expressed in units of measurement of mass, which are outside that range.

(2) Notwithstanding paragraph (1) above, a machine may be used for trade in the range between zero indication and the approved minimum load only

(a) during the determination of postal or other tariffs, and

(b) where there is a common tariff for any weight value at and below the approved minimum load.

(3) No person shall use for trade for the purpose of determining postal tariffs a machine having a digital weight indicating or printing device, unless—

(a) each of its weight indicating or printing devices has a scale interval of 1 g or less; or

(b) in accordance with the published particulars of the approved pattern the machine is marked “For determining postal tariffs only”.

(4) No person shall use for trade a machine carrying a marking required by the published particulars of the approved pattern or these Regulations for a purpose which does not accord with the marking.

(5) No person shall use for trade any non-automatic weighing machine other than a machine of accuracy classification as a Class I or Class II machine in any transaction—

(a) in gold, silver or other precious metals,

(b) in precious stones,

(c) in jewellery, or

(d) by retail in drugs or other pharmaceutical products, in which case for non-graduated Class II machines, having a maximum capacity of not less than 25 g and not more than 1 kg, the verification scale interval “e” in Table 2 of Schedule 2 to these Regulations shall be Max/2000.

(6) No person shall use a Class IIII non-automatic weighing machine for trade for any purpose other than:

(a) for weighing ballast;

(b) for weighing other goods, in accordance with the published particulars of the approved pattern;

(c) for use as a customer check weighing machine; or

(d) if it is of a type described in paragraph 16(a) or (b) in Part V of Schedule 2 to these Regulations and stamped before 1st November 1988.

(7) No person shall on or after 1st September 1991 use for trade any non-automatic weighing machine for the purpose of multiple weighing.

(8) No person shall use a Class I or Class II machine, fitted with a rider, a device for interpolation of reading or an indicating device on which the last figure is clearly differentiated from the other figures, for direct trade with the public.

(9) No person shall have a self service weighing machine available for trade unless it complies with the requirements of these Regulations.

PART II MATERIALS, PRINCIPLES OF CONSTRUCTION AND MARKING OF NON-AUTOMATIC WEIGHING MACHINES

5.—(1) Where a non-automatic weighing machine has interchangeable or reversible parts, the interchange or reversal thereof shall not affect its metrological characteristics.

(2) The constituent parts of a non-automatic weighing machine shall be sufficiently strong to withstand the wear and tear of ordinary use in trade.

6.—(1) No non-automatic weighing machine shall have monetary indications in units other than decimal currency units.

(2) No price computing non-automatic weighing machine shall—

(a) indicate in digital form during a weighing operation a part of a penny in the amount of the price to be paid by the buyer; or

(b) indicate the price in digital form and have any monetary indications in units of a part of a penny in vulgar fraction form which are capable of being used during a weighing operation to calculate the price.

7.  The load receptor of a non-automatic weighing machine shall be so constructed as to provide for easy and practicable weighings for all test purposes not exceeding the maximum capacity of that machine, unless otherwise specified in the published particulars of the approved pattern.

8.  Where a non-automatic weighing machine is fitted with a zero setting device designed to compensate for the wear and tear of ordinary use in trade, the device shall have a total range not exceeding 4 per cent. of the maximum capacity of that machine, or as specified in the published particulars of the approved pattern, as the case may be.

9.  Every non-automatic weighing machine shall comply with the requirements in Schedule 2 to these Regulations for accuracy classification.

10.—(1) Subject to paragraph (2) below, every non-automatic weighing machine shall be fitted with an adjustable levelling device or devices and one or more level indicating devices to cover all directions.

(2) Nothing in paragraph (1) above shall apply to a machine which is permanently installed, freely suspended, or is a Class II, Class III or Class IIII machine which meets the requirements of paragraph 16 in Part III of Schedule 3 to these Regulations.

11.—(1) Subject to the following paragraphs of this Regulation, every non-automatic weighing machine shall be made in accordance with a pattern in respect of which a certificate of approval is in force.

(2) The marking of a machine in accordance with the requirements of Regulation 15(2) below after it has been made in accordance with such a pattern shall not in itself be a breach of paragraph (1) above.

(3) Nothing in paragraph (1) above shall apply to a machine of the type known as “common form” which was first stamped before 4th April 1989.

(4) Any dispensation from the observance of the requirements of Regulation 5(1)(b) of the Weights and Measures Regulations 1963(4), being a dispensation made by the Secretary of State before 1st November 1988 under the provisions of section 14(3) of the Act or under section 14(3) of the Weights and Measure Act 1963(5) and relating to a non-automatic weighing machine, shall be deemed to be a dispensation from observance of the requirements of paragraph (1) above.

12.  Any pit provided for the installation of a non-automatic weighing machine shall be provided with adequate drainage.

13.—(1) Subject to paragraph (2) below, the approved minimum load for a non-automatic weighing machine shall be that specified in Schedule 2 to these Regulations.

(2) Nothing in paragraph (1) above shall apply in the case of a machine in relation to which the published particulars of the approved pattern specify the amount of the minimum load appropriate to that particular pattern.

14.—(1) The graduated weight indicating, printing and tare devices of any non-automatic weighing machine which is first passed as fit for use for trade on or after 1st November 1988 shall—

(a) have scale intervals in one of the following forms:—

(i) 1 × 10ⁿ, 2 × 10ⁿ or 5 × 10ⁿ, the index n being a positive or a negative whole number or zero, or

(ii) ⅛ oz, ¼ oz, ½ oz, 1 oz, 2 oz, 4 oz, 8 oz, ¼ lb or ½ lb; and

(b) subject to paragraph (2) below, give weighing results which comply with the principle of reading by simple juxtaposition.

(2) The requirements of paragraph (1)(b) above shall not apply—

(a) to semi-self indicating machines with mechanical weight indicating devices which have a range of self indication of 2 lb, but no weight printing device;

(b) to semi-self indicating machines, made in accordance with an approved pattern, having mechanical weight indicating devices with a range of self indication of 500 g; or

(c) to that part of any weighing result which is obtained by adding the values of weights or poises.

15.—(1) Every non-automatic weighing machine first passed as fit for use for trade before 1st May 1989 shall be legibly and durably marked either as in paragraph (2) below or with—

(a) the name of the maker or supplier; and

(b) either—

(i) the maximum capacity of the weight indicating and printing devices, or

(ii) the purported capacity, where the maximum load exceeds the maximum capacity.

(2) Every non-automatic weighing machine which is passed as fit for use for trade on or after 1st May 1989 shall be legibly and durably marked with—

(a) the name of the maker or supplier;

,

,

or

(the accuracy classification of the machine, in accordance with the requirements of Schedule 2 to these Regulations);

(c) “Max . . .” (the maximum capacity of the weight indicating and weight printing devices);

(d) “Min . . .” (the approved minimum load);

(e) “e = . . .” (the verification scale interval associated with the weight indicating, printing and tare devices, which is determined by the requirements in Schedule 2 to these Regulations);

(f) where relevant—

(i) the number of the certificate of approval or of the notice of examination in respect of the pattern in accordance with which the machine is made, preceded by the words “Certification No.”, “Cert. No.” or “Notice No.”, as the case may be;

(ii) “T = − . . .” if different from “Max . . .” or “T = + . . .” (the maximum range of the subtractive or additive tare device respectively);

(iii) “d = . . .” and “d_T = . . .” if different from “e = . . .” (the scale intervals of the graduated weight indicating and/or printing devices and graduated tare devices respectively).

16.—(1) Where units of measurement are marked on non-automatic weighing machines first passed as fit for use for trade—

(a) before 27th April 1978, they shall be marked, in the case of the dram, in full or by means of the abbreviation or symbol, dr, only;

(b) before 1st December 1980, they shall be marked in full or, except in the case of the ton or stone, by means of one of the following abbreviations or symbols only:—

• cwt, qr, lb, oz, oz tr, gr, t, kg, kilog, g, grm, CM, mg;

(c) on or after those dates, they shall be marked in metric units or in pounds or ounces, in full or by means of one of the following abbreviations or symbols only:—

• lb, oz, oz tr, t, kg, g, CM, mg.

(2) Nothing in paragraph (1) above shall authorise the use for trade of the ton, hundredweight, quarter, stone or grain in any circumstances, other than those permitted by paragraph 14(1) and (3) of Schedule 11 to the Act or of the dram in any circumstances other than those permitted by paragraph 12(1) and (2) of that Schedule.

17.  Only a non-automatic weighing machine of Class I, or Class II with a maximum capacity not exceeding 12 kg, shall be provided with—

(a) a rider;

(b) a device for interpolation of reading; or

(c) an indicating device on which the last figure is clearly differentiated from the other figures.

18.  Where a non-automatic weighing machine which is first passed as fit for use for trade after 1st September 1989 shows price expressed as an amount of money per unit of weight, such unit of weight shall be expressed per ounce, per quarter pound, per pound, per hundred grams, per kilogram or per tonne.

19.—(1) Every non-automatic weighing machine which is in use for trade for operation by a prospective buyer for the purpose of making known to him the weight and where appropriate the price of goods selected by him whether as a customer check weighing machine or as a self service weighing machine shall—

(a) be a self indicating weighing machine; and

(b) be specified as being for such use in the published particulars of the approved pattern in the case of a weighing machine having a digital indicating device.

(2) In addition, any machine which is made available as a self service weighing machine shall—

(a) be a price computing weighing machine having digital displays of weight, unit price and price to pay, together with an associated label printer;

(b) have any bag provided for the goods selected by the prospective buyer such that the goods are readily visible through it; and

(c) only be used in connection with the sale of different commodities, other than commodities having the same unit price, provided that they are readily distinguishable from each other.

(3) Any machine which is provided solely as a customer check weighing machine shall be limited to a non-printing weighing machine.

20.  Every non-automatic weighing machine shall be provided with—

(a) either:

(i) an irremovable plug or stud made of soft metal; or

(ii) in the case of a Class I machine a special plate permanently and irremovably attached to the base of the machine; and

(b) such sealing arrangements as may be provided for the stamp as set out in the certificate of approval or the notice of examination in respect of that pattern.

PART III MANNER OF ERECTION AND USE FOR TRADE

21.  Where a non-automatic weighing machine is fitted with one or more level indicating devices, no person shall use the machine for trade unless each device indicates that it has been set to its reference position.

22.  Where a non-automatic weighing machine is marked with a temperature range, no person shall use the machine for trade in temperatures outside that range.

23.  Where a non-automatic weighing machine is marked with the manner of use, no person shall use the machine for trade in a manner which does not accord with the marking.

24.  Where a non-automatic weighing machine is fitted with a weight or any other printing device, the machine shall be so erected and used that the printing device, when used, produces a clear and durable printout.

25.  No person shall use for trade a non-automatic weighing machine when any live part is wholly or partly submerged in liquid, except as specified in the published particulars of the approved pattern.

26.  Every non-automatic weighing machine shall be erected in such a manner that, during a weighing operation, the load being weighed is stationary relative to the load receptor and supported only by the load receptor.

27.  Except as specified in the published particulars of the approved pattern, every non-automatic weighing machine shall be erected in such a manner that the operator can, notwithstanding the nature of the machine or its surroundings, readily take up a single position from which he can—

(a) see, directly or with the aid of mirrors, closed-circuit television or other suitable permanently installed facilities, the whole of the unladen load receptor;

(b) operate the weighing machine’s controls; and

(c) obtain a weight reading from the weighing machine.

28.—(1) Subject to paragraph (2) below, every Class I or Class II non-automatic weighing machine, used in association with a weight or weights to determine the value of any load in terms of metric units of mass other than carat (metric) units, shall be used for trade for such purpose only in association with weights which bear the mark of EEC initial verification in accordance with—

(a) the provisions of Council Directive No. 74/148/EEC(6) on above-medium accuracy weights in the case of Class II machines; or

(b) the provisions of the said Directive except for those provisions relating to weights of Class M1 in the case of Class I machines.

(2) The requirements of this Regulation shall not apply to any non-automatic weighing machine for use for trade in any transaction by retail in drugs or other pharmaceutical products.

29.  No non-automatic weighing machine which has weight scale intervals expressed solely in decimal parts of a pound shall be used for the purposes of any sale by retail involving the weighing of goods by that machine in the presence of the buyer, unless a weight printing device associated with or forming part of the machine is used in such a manner that the buyer is presented with a ticket from that device recording in writing the weight of the goods.

30.—(1) Subject to paragraph (2) below, every non-automatic weighing machine shall be properly balanced or set to zero immediately prior to use.

(2) Paragraph (1) above shall not apply in the case of a machine of an approved pattern if, in the published particulars thereof, it is described as not being so constructed as to balance when unloaded.

PART IV TESTING

31.—(1) Every non-automatic weighing machine submitted for testing shall be completely assembled and in a clean condition.

(2) For the purposes of the performance by an inspector of his functions under the Act or these Regulations relating to inspection, testing, passing as fit for use for trade and stamping of any non-automatic weighing machine, a person submitting such a machine to an inspector or who an inspector has reasonable cause to believe has control of such a machine for use for trade shall, if requested, provide for the inspector’s use such material or items required by Regulations 33 and 34 below as the inspector may reasonably require, and any material or items so provided shall be returned to the person in question.

32.  No non-automatic weighing machine which is to be permanently installed in the position in which it is to be used shall be tested, passed as fit for use for trade and stamped unless it has been completely erected ready for use and installed in the position in which it is to be used.

33.—(1) Every non-automatic weighing machine, where the maximum load does not exceed 5 tonnes, shall be tested by the use of weights complying with the Weights and Measures (Local and Working Standard Weights and Testing Equipment) Regulations 1986(7) as set out in the following Table:

(1)	(2)
Accuracy classification	Weights to be used
Class I	} Local standard weights, or working standard weights which fall within the prescribed limits of error relating to the equivalent local standard weight.
Class II
Class III and having more than 5000 scale intervals	Local standard weights, working standard weights, or test weights which fall within half the prescribed limits of error for the test weight in question.
Class III and having no more than 5000 scale intervals	} Local standard weights, working standard weights or test weights.
Class IIII

(2) Where the maximum load of a machine exceeds 5 tonnes, the test loads shall consist of a minimum of 5 tonnes of weights complying with the Regulations referred to in paragraph (1) above and may consist of loose material for the remainder up to the maximum load.

34.  Every non-automatic weighing machine designed to be operated by means of a coin, currency note, credit card or other such device as specified in the published particulars of the approved pattern shall be tested by use of the coin, currency note, credit card or device as appropriate.

35.—(1) Subject to paragraph (2) below, every non-automatic weighing machine shall be tested in accordance with the appropriate testing procedures specified in Schedule 3 to these Regulations or, where appropriate, those specified in the published particulars of the approved pattern.

(2) In the case of a machine marked with an approved minimum load, the prescribed limits of error specified in Schedule 4 to these Regulations shall not apply as from 1st September 1991 for test loads of less than the amount of that load.

PART V SUPPLEMENTARY PROVISIONS

Prescribed limits of error

36.  The prescribed limits of error relating to non-automatic weighing machines shall be those set out in Schedule 4 to these Regulations.

Passing as fit for use for trade

37.—(1) Subject to paragraphs (2) to (4) below, no non-automatic weighing machine shall be passed as fit for use for trade unless—

(a) it complies with all the appropriate requirements of these Regulations; and

(b) on testing, it falls within the prescribed limits of error.

(2) Notwithstanding paragraph (1)(a) above, a non-automatic weighing machine which was first passed as fit for use for trade before 1st November 1988 may continue to be passed as fit for use for trade even if it does not comply with the requirements of Regulations 7 and 17 above.

(3) Notwithstanding paragraph (1)(b) above, a non-automatic weighing machine marked

or

which was first passed as fit for use for trade before 1st November 1988 may, provided that it meets the tilt testing requirements for a machine having an adjustable levelling device or devices and one or more level indicating devices to cover all directions, continue to be passed as fit for use for trade—

(a) if it bears the legend “Only to be used on a level surface”; or

(b) until 1st March 1990 if there is no legend.

(4) Notwithstanding paragraph (1)(b) above, a non-automatic weighing machine which was first passed as fit for use for trade before 1st November 1988 may continue to be passed as fit for use for trade provided that the error in excess or in deficiency over the first part of the range is within or equal to one verification scale interval.

Stamping

38.—(1) The stamp shall be placed on the plug, stud or plate and on every sealing device referred to in Regulation 20 above.

(2) No non-automatic weighing machine shall be stamped in accordance with paragraph (1) above if it bears any mark which, in the opinion of the inspector, might reasonably be mistaken for the stamp, or any statement or mark (other than an inspector’s stamp) which purports to be or, in the opinion of the inspector, might reasonably be mistaken for an expression of approval or guarantee of accuracy by any body or person.

Obliteration of stamps

39.  Stamps shall be obliterated by an inspector, in accordance with the requirements of these Regulations, by means of punches or pincers of suitable sizes of a six-pointed star design as shown in the following illustration:

40.—(1) Subject to paragraphs (2) and (3) below, an inspector shall obliterate the stamp on any non-automatic weighing machine which—

(a) fails upon testing to fall within the prescribed limits of error in relation to obliteration of the stamp; or

(b) fails to comply with any other appropriate requirement of these Regulations.

(2) Except as provided by Regulation 41 below, where any non-automatic weighing machine does not fully comply with the requirements of these Regulations, but the nature or degree of the non-compliance is not, in the inspector’s opinion, such as to require the immediate obliteration of the stamp, he shall give to the proprietor or any person in control of the machine a notice calling on him to have the machine corrected within a stated period not exceeding 28 days, and shall obliterate the stamp if the correction has not been made within the stated period.

(3) Notwithstanding paragraph (1)(a) above, a non-automatic weighing machine which was first passed as fit for use for trade before 1st November 1988 may remain in use provided that the error in excess or deficiency over the first part of the range is within or equal to two verification scale intervals.

41.—(1) An inspector shall obliterate the stamp on any non-automatic weighing machine which has, since it was last stamped, had any alteration or addition made to it such that it could not be passed as fit for use for trade under Regulation 37 above.

(2) Subject to paragraph (3) below, an inspector shall obliterate the stamp on any non-automatic weighing machine which has, since it was last stamped, been the subject of any adjustment, alteration, addition, repair or replacement which could, in the opinion of the inspector, have affected its accuracy or function.

(3) Where a machine has been subjected to one or other of the occurrences in paragraph (2) above and the chief inspector of weights and measures for the area in which the machine is situated has been furnished in writing with details of the occurrence, an inspector may obliterate the stamp.

42.  An inspector may obliterate the stamp on any non-automatic weighing machine which—

(a) is in use for trade for a particular purpose and:

(i) which does not meet the requirements of Regulation 4 above; or

(ii) for which purpose, in the opinion of the inspector, it is otherwise unsuitable; or

(b) is in use for trade in circumstances where the machine is subjected to any extraordinary environmental or operating conditions which, in the opinion of the inspector—

(i) prevent the machine operating consistently and correctly, or

(ii) are likely prematurely to degrade the metrological characteristics of the machine.

43.—(1) For the purpose of these Regulations, the obliteration of any one stamp on any non-automatic weighing machine shall be deemed to be the obliteration of all other stamps on that machine.

(2) Where the stamp on one non-automatic weighing machine forming part of an inter-connected system is obliterated, paragraph (1) above shall not apply so as to prevent the system or any other machine in the system being used, provided that the integrity of the remainder of the system is unimpaired.

44.  Where the inspector has obliterated a stamp on a non-automatic weighing machine which is made available for use by the public (whether on payment or otherwise) he may attach to the machine a notice bearing the words—

• “Out of use”.

PART VI AMENDMENT OF OTHER INSTRUMENTS

45.  The Regulations specified in Schedule 1 to these Regulations shall be amended in the manner specified in that Schedule.

John Butcher

Parliamentary Under-Secretary of State,

Department of Trade and Industry

12th May 1988