Measuring Equipment (Capacity Measures) Regulations (Northern Ireland) 1998

Part I General

Citation, commencement, revocation and saving

1.—(1) These Regulations may be cited as the Measuring Equipment (Capacity Measures) Regulations (Northern Ireland) 1998 and shall come into operation on 1st April 1998.

(2) The Regulations specified in the first column of Schedule 1 are hereby revoked to the extent specified in the third column of that Schedule save in relation to capacity measures passed as fit for use for trade and stamped before these Regulations come into operation.

Interpretation

2.—(1) In these Regulations—

“BS 604: 1982” means the British Standard specification for graduated glass measuring cylinders(1);

“BS 1922: 1987” means the British Standard specification for glass dispensing measures for pharmaceutical purposes(2);

“BS 6001: Part 1: 1991” means the British Standard specification for sampling procedures for inspection by attributes(3);

“BS 6002: Part 1: 1993” means the British Standard specification for single sampling plans indexed by acceptable quality level (AQL) for lot-by-lot inspection(4);

“BS 6696: 1986” means the British Standard methods for use and testing of volumetric glassware(5);

“another member State” means a member State of the European Communities other than the United Kingdom;

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

“discrimination threshold” means, in the case of weighing equipment with a digital indicator, the weight which produces a change of reading of one digit, and in the case of weighing equipment with an analogue indicator, the weight which produces a one millimetre movement of the pointer; and in this definition, “analogue” means capable of assigning any value or position within a continuous range;

“double measure” means a measure comprising two parts, each part being a capacity measure;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(6) as adjusted by the Protocol signed at Brussels on 17th March 1993(7);

“EEA State” means a State which is a Contracting Party to the EEA Agreement other than the United Kingdom;

“graduated measure” means a measure with more than four scale marks or, in the case of a measure which is both a metric and imperial measure, in each of metric and imperial units;

“the Order” means the Weights and Measures (Northern Ireland) Order 1981;

“the prescribed limits of error” shall be construed in accordance with regulation 15;

“the stamp” means the stamp prescribed by the Weights and Measures (Prescribed Stamp) Regulations (Northern Ireland) 1969(8);

“subdivided measure” means a measure with four or fewer scale marks or, in the case of a measure which is both a metric and imperial measure, in each of metric and imperial units; and

“suitable weighing machine” means a weighing machine having a discrimination threshold and a repeatability in grams not exceeding one-fifth of the appropriate limit of error expressed in millimetres relating to the standard, equipment or measure it is used to test.

(2) In these Regulations any reference to the importation of a capacity measure into Northern Ireland from another member State or from an EEA State includes such importation through Great Britain.

(3) The abbreviations of, and symbols for, units of measurement used refer to the relevant units as set out in the Table hereto:

TABLE

Imperial System		Metric System
gallon	gal	litre	l or L
quart	qt	centilitre	cl or cL
pint	pt	millilitre	ml
fluid ounce	fl oz
Degree Celsius ... ... ... ... °C

Application of Regulations

3.—(1) These Regulations apply to liquid capacity measures and dry capacity measures for use for trade, other than—

(a) liquid capacity measures to which the Capacity Serving Measures (Intoxicating Liquor) Regulations (Northern Ireland) 1993(9) apply;

(b) liquid capacity measures specified in paragraph 4 of Schedule 4 to the Weights and Measures (Packaged Goods) Regulations (Northern Ireland) 1990(10) for use only for making up or checking packages in accordance with Article 31(9) or (10)(a) of the Order; or

(c) liquid capacity measures for use for measuring liquid lubricants;

(d) liquid capacity measures for use for measuring milk;

(e) dry capacity measures for use for measuring peas and beans;

(f) capacity measures which exceed—

(i) 20 litres for metric measures; or

(ii) 16 pints for imperial measures; or

(g) capacity measures being containers which—

(i) have been supplied by retail containing a cosmetic product;

(ii) are provided by an individual to a retailer; and

(iii) are used by the retailer in the presence of the individual in ascertaining or determining the amount by volume of a cosmetic product which is of the same description as that mentioned in sub-paragraph (i) and is to be supplied to him in the container,

and in this sub-paragraph “cosmetic product” means any substance or preparation intended to be placed in contact with the various external parts of the human body (that is to say, the epidermis, hair system, nails, lips and external genital organs) or with the teeth and the mucous membranes of the oral cavity with a view exclusively, or mainly to cleaning them, perfuming them, changing their appearance, correcting bodily odours, protecting them or keeping them in good condition.

(2) Regulations 4, 5, 6(1)(a) to (d), 7, 9, 10, 12 and 16(4) and (5)(a) do not apply to dispensing measures for pharmaceutical purposes.

(3) Capacity measures to which these Regulations apply are hereby prescribed for the purposes of Article 9(1) of the Order.

(4) Graduated and subdivided capacity measures referred to in regulation 16(5)(c) are hereby prescribed as being lawful for use for trade for the purposes of Article 8(1)(b) of the Order.

(1)

ISBN No. 0 580 12515 7, published by the British Standards Institution in April 1952, as amended in February 1982

(2)

ISBN No. 0 580 15701 6, published by the British Standards Institution in April 1953, as amended in January 1969 and January 1982

(3)

ISBN No. 0 580 195732 2, published by the British Standards Institution on 30th March 1972, as amended in May 1991

(4)

ISBN No. 0 580 22581 X, published by the British Standards Institution on 15th November 1993

(5)

ISBN No. 0 580 15076 3, published by the British Standards Institution on 28th February 1986

(6)

O.J. No. C305, 23.11.92, p. 66

(7)

O.J. No. C194, 19.7.93, p. 143

(8)

S. R. & O. (N.I.) 1969 No. 11

(9)

S.R. 1993 No. 441 as amended by S.R. 1995 No. 228

(10)

S.R. 1990 No. 410 to which there are amendments not relevant to these Regulations