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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.
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