SCHEDULE 27E+W+SAmendment of the Measuring 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)after the definition of “active electrical energy meter”, insert—

““approved body” has the meaning given to it in regulation 53 (approved bodies);”;

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

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

(f)omit the definition of “Commission”;

(g)in the definition of “conformity assessment” before “measuring” insert “ regulated ”;

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

““declaration of conformity” means a declaration of conformity required to be drawn up in accordance with chapter 3 of Part 4;

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

“design examination certificate” means a design certificate issued by an approved body in accordance with Module H1 in Schedule 1B”;

(i)omit the definition of “dimensional measuring instrument”;

(j)in the definition of “distributor” before “measuring” insert “ regulated ”;

(k)in the definition of “essential requirements”—

(i)before “measuring” insert “ regulated ”;

(ii)for “1”, substitute “ 1A and 1C to 1J ”;

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

(m)omit the definition of “EU-design examination certificate”;

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

(o)in the definition of “exhaust gas analyser” before “measuring” insert “ regulated ”;

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

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

[F2““importer” means a person who—

(a)is established in the United Kingdom and places a regulated measuring instrument from a country outside of the United Kingdom on the market; or

(b)is established in Northern Ireland and places a regulated measuring 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;”];

(r)in the definition of “M marking”—

(i)before “measuring” insert “ regulated ”;

(ii)for “CE”, substitute “ UK ”;

(s)omit the definition of “measuring instrument”;

(t)in the definition of “make available on the market”—

(i)before “measuring” insert “ regulated ”;

[F3(ii)for “the European Economic Area market” substitute “market of Great Britain”;]

(u)in the definition of “manufacturer” insert “ regulated ” before “measuring” in each place it occurs;

(v)in the definition of “market surveillance authority”, omit from “and” to “EEA state”;

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

(x)omit the definition of “non-prescribed measuring instrument”;

(y)omit the definition of “notified body”;

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

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

(bb)in the definition of “place on the market”—

(i)before “measuring” insert “ regulated ”;

[F4(ii)for “, in the European Economic Area” substitute “of Great Britain”;]

(cc)in the definition of “putting into use” insert “ regulated ” before “measuring”;

(dd)in the definition of “relevant conformity assessment procedure”—

(i)before “measuring” insert “ regulated ”;

(ii)for “Schedule 1”, substitute “ Schedules 1C to 1J ”;

(ee)in the definition of “relevant economic operator” insert “ regulated ” before “measuring” in both places it occurs;

(ff)omit the definition of “sub-assembly”;

(gg)in the definition of “taximeter” insert “ regulated ” before “measuring”;

(hh)in the definition of “technical specification” insert “ regulated ” before “measuring”;

(ii)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 in Schedule 1B;

“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;”;

(jj)omit the definition of “thermal energy meter”;

(kk)omit the definition of “Union harmonisation legislation”;

(ll)omit the definition of “United Kingdom Accreditation Service”;

(mm)omit the definition of “volume conversion device”;

(nn)in the definition of “withdraw” insert “ regulated ” before “measuring” in both places it occurs.

(3) After paragraph (1) insert—

“(1A) Schedules 1A to 1J reproduce the provisions of Annexes I to V, VII to X and XII to the Directive (respectively) with amendments to correct deficiencies in retained EU law.

(1B) A reference to a provision of Schedules 1A to 1J 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. 27 para. 2(2)(q) 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. 19(2)

F4Sch. 27 para. 2(2)(bb)(ii) substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology etc. (Amendment to Extent and Meaning of Market) (EU Exit) Regulations 2020 (S.I. 2020/676), regs. 1(1), 4(15)(b)

Commencement Information

I1Sch. 27 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