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SCHEDULE 26E+W+SAmendment of the Non-automatic Weighing Instruments Regulations 2016

Amendment to regulation 2E+W+S

2.—(1) Regulation 2 (interpretation) is amended as follows.

(2) In paragraph (1)—

(a)omit the definition of “accreditation”;

(b)omit the definition of “accreditation certificate”;

(c)before the definition of “authorised representative” insert—

““approved body” has the meaning given to it in regulation 47 (approved bodies);”;

F1(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)omit the definition of “CE marking”;

(f)omit the definition of “Commission”;

(g)after the definition of “conformity assessment body” insert—

““conformity assessment procedure” means a procedure referred to in regulation 36;”;

“declaration of conformity” means a declaration of conformity required to be drawn up in accordance with Chapter 2 of Part 3;”;

“designated standard” has the meaning given to it in regulation 2A;”;

(h)in the definition of “the Directive” for “as from time to time amended;” substitute “ (as it has effect immediately before [F2IP completion day]) ” F3...;

[F4(ha)in the definition of “essential requirements” for “Annex I to the Directive” substitute “ Schedule 6 ”;]

(i)omit the definition of “EU declaration of conformity”;

(j)omit the definition of “EU-type examination certificate”

(k)omit the definition of “harmonised standard”;

(l)for the definition of “importer” substitute—

[F5““importer” means a person who—

(a)is established in the United Kingdom and places a non-automatic weighing instrument from a country outside of the United Kingdom on the market; or

(b)is established in Northern Ireland and places a non-automatic weighing instrument on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;”];

(m)in the definition of “M marking” for “CE” substitute “ UK ”;

[F6(n)in the definition of “make available on the market” for “European Economic Area market” substitute “market of Great Britain”;]

(o)omit the definition of “national accreditation body”;

(p)omit the definition of “notified body requirements”;

(q)omit the definition of “notifying authority”;

[F7(r)in the definition of “place on the market” for “in the European Economic Area” substitute “of Great Britain”;]

(s)in the definition of “technical documentation” for “Annex II to the Directive” substitute Schedule 7;

(t)after the definition of “technical specification” insert—

““Type-examination certificate” means a type-examination certificate issued by an approved body in accordance with Module B of Schedule 7;

“UK marking” means the marking in the form set out in Annex 2 of RAMS;

“UK national accreditation body” means the body appointed by the Secretary of State in accordance with Article 4 of RAMS;”;

(u)omit the definition of “Union harmonisation legislation”.

(3) After paragraph (1) insert—

“(1A) Schedules 6 to 8 reproduce the provisions of Annexes I to III to the Directive (respectively) with amendments to correct deficiencies in retained EU law.

(1B) A reference to any provision of Schedules 6 to 8 is a reference to the equivalent provision of the relevant Annex to the Directive as set out in the relevant Schedule.”.

(4) Omit paragraph (2).

Textual Amendments

F2Words in Sch. 26 para. 2(2)(h) substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/852), regs. 2(2), 4(2), Sch. 1 para. 1(o)(ii)

F3Words in Sch. 26 para. 2(h) omitted (31.12.2020 immediately before IP completion day) by virtue of The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/852), regs. 2(2), 4(3)(a)

F4Sch. 26 para. 2(ha) inserted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/852), regs. 2(2), 4(3)(b)

F5Words in Sch. 26 para. 2(2)(l) substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 18(2)

Commencement Information

I1Sch. 26 para. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1