Measuring Equipment (Liquid Fuel and Lubricants) (Amendment) Regulations (Northern Ireland) 2003

Statutory Rules of Northern Ireland

2003 No. 422

WEIGHTS AND MEASURES

Measuring Equipment (Liquid Fuel and Lubricants) (Amendment) Regulations (Northern Ireland) 2003

Made

25th September 2003

Coming into operation

31st October 2003

The Department of Enterprise, Trade and Investment(1), in exercise of the powers conferred by Articles 9(1) and 13(1) of the Weights and Measures (Northern Ireland) Order 1981(2) and now vested in it(3) and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Measuring Equipment (Liquid Fuel and Lubricants) (Amendment) Regulations (Northern Ireland) 2003 and shall come into operation on 31st October 2003.

Amendment of the Measuring Equipment (Liquid Fuel and Lubricants) Regulations (Northern Ireland) 1998

2.  The Measuring Equipment (Liquid Fuel and Lubricants) Regulations (Northern Ireland) 1998(4) shall be amended as provided in regulations 3 to 8.

3.  In regulation 1(2) after the definition of “liquid fuel” there shall be inserted –

““maximum delivery” means the largest quantity of liquid fuel which the measuring equipment is designed to measure;”.

4.  In regulation 2(1) between the word “gas” and “;” there shall be inserted the words “and liquefied natural gas”.

5.  After regulation 8 there shall be added the following regulation –

“Tests to be carried out by an inspector

8A.— (1) In testing measuring equipment with a view to passing it as fit for use for trade, an inspector shall test in accordance with the appropriate testing procedures specified in paragraphs (2) and (3) and, if the inspector considers it appropriate, those specified in the certificate of approval or notice of examination.

(2) When testing in accordance with the provisions of this paragraph and paragraph (3), an inspector shall ensure that –

(a) measuring equipment which is constructed to deliver only a fixed quantity shall be tested by its delivering that fixed quantity of test liquid;

(b) measuring equipment which is constructed to deliver multiples of a fixed quantity shall be tested by its delivery of that fixed quantity of test liquid and additionally by its being determined that for such measuring equipment any indicator of the number of deliveries made functions correctly; and

(c) (i) save as provided in sub-paragraphs (ii) and (iii), measuring equipment which is constructed to continuously meter liquid shall be tested by its providing a minimum delivery of the test liquid or a delivery which the inspector specifies and which he considers to be sufficiently close to a minimum delivery and additionally in either case by its delivery of both 10 and 20 litres of test liquid;

(ii) measuring equipment of a type described in sub-paragraph (i) which has a maximum delivery of 10 litres or below shall be tested by its providing a minimum delivery of the test liquid or a delivery which the inspector specifies and which he considers to be sufficiently close to a minimum delivery and additionally in either case by its providing a maximum delivery of test liquid or a delivery which the inspector specifies and which he considers to be sufficiently close to a maximum delivery;

(iii) measuring equipment of a type described in sub-paragraph (i) with a maximum delivery of above 10 litres but not in excess of 20 litres shall be tested by its providing a minimum delivery of the test liquid or a delivery which the inspector specifies and which he considers to be sufficiently close to a minimum delivery and additionally in either case by its providing a delivery of 10 litres of test liquid.

(3) In all cases the tests referred to in paragraph (2) shall be carried out –

(a) at least twice and, in the case of measuring equipment which is capable of delivery at different flow rates, this requirement shall be satisfied by one delivery at a low flow rate and one delivery at a flow rate that is as near as practicable to the measuring equipment’s highest flow rate;

(b) so that the speed of operation in respect of any individual delivery is as uniform as practicable; and

(c) using local standards, working standards or testing equipment.”.

6.  Regulation 9 shall be omitted.

7.  For regulation 10 there shall be substituted the following regulation –

“Conditions for testing of measuring equipment

10.— (1) Subject to the provisions of this regulation, measuring equipment shall be tested, passed as fit for use for trade and stamped either –

(a) at the place where it is to be used; or

(b) at the place of its manufacture or assembly or at testing premises.

(2) In the case of paragraph (1)(a), measuring equipment shall be tested, passed as fit for use for trade and stamped only when it is –

(a) complete with all its parts as described in the certificate of approval or notice of examination, as the case may be; and

(b) completely erected, installed and ready for use.

(3) In the case of paragraph (1)(b), measuring equipment shall be tested, passed as fit for use for trade and stamped only when it is operated in such a manner and in such configuration and environment as to replicate in all relevant respects those in which it will be installed at the place where it is to be used and either –

(a) it is complete with all its parts as described in the certificate of approval or notice of examination, as the case may be, and is completely erected, temporarily installed and ready for use; or

(b) it is complete with equipment, including representative repeat indicating and control devices, and is erected, temporarily installed and ready for use so that it simulates in all relevant respects the manner in which it will function when complete with all its parts as provided for in sub-paragraph (a).

(4) Notwithstanding the preceding paragraphs, measuring equipment which has been tested, passed as fit for use for trade and stamped in accordance with this regulation shall not be used for trade if –

(a) it has subsequently been dismantled before completion of its installation at the place where it is to be used; and

(b) any such dismantling is likely to have affected its performance.

(5) For the purposes of this regulation –

(a) “testing premises” mean premises which are suitable for an inspector’s use in testing measuring equipment which has been presented for testing for passing as fit for use for trade;

(b) “repeat indicating device” means a device which, using the interface which will be used when the measuring equipment is permanently installed, displays mandatory metrological indications;

(c) “control device” means a device using the interface which will be used when the measuring equipment is permanently installed which receives a call signal from the fuel dispenser and authorises delivery.”.

8.  In regulation 17(1)(c), for the words “the errors on all the quantities of test liquid indicated by the equipment during the tests are all errors in excess or all errors in deficiency” there shall be substituted the words “every delivery made in testing the measuring equipment as provided for in paragraph (2)(c) of regulation 8A results in an error in excess or every such delivery results in an error in deficiency or in the case of testing the measuring equipment as provided for in paragraph (2)(a) and (b) of regulation 8A the inspector is not satisfied that the calibration of the measuring equipment has been set as close to zero as is practicable”.

Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on 25th September 2003.

L.S.

Michael J. Bohill

A senior officer of the

Department of Enterprise, Trade and Investment

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Measuring Equipment (Liquid Fuel and Lubricants) (Northern Ireland) Regulations 1998.

The Regulations prescribe the tests which an inspector of weights and measures shall apply to measuring equipment with a view to passing it as fit for use for trade and stamping it.

The Regulations also make a number of other minor amendments.

The Regulations have been notified to the European Commission pursuant to Directive 98/34/EC (O.J. No. L204, 21.7.98, p. 37) as amended by Directive 98/48/EC (O.J. No. L217, 5.8.98, p. 18).

(1)

Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1) Art. 3(5)

(2)

S.I. 1981/231 (N.I. 10) as amended by 2000 c. 5 (N.I.)

(3)

By S.I. 1982/846 (N.I. 11) Art. 4

(4)

S.R. 1998 No. 113 as amended by S.R. 2002 No. 71