The Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Regulations.)

These Regulations implement, in Northern Ireland, International Recommendation OIML R 61 of the Organisation Internationale de Métrologie Légale relating to automatic gravimetric filling instruments (Edition 1996 (E)), to the extent that the Recommendation applies to such instruments following the grant or renewal of a certificate of approval of a pattern by the Department under Article 10 of the Weights and Measures (Northern Ireland) Order 1981 (“the 1981 Order”).

Regulation 3 applies the Regulations to “filling instruments”, as defined in regulation 2(1)(a), which are prescribed for the purposes of Article 9(1) of the 1981 Order (weighing or measuring equipment for use for trade). The Regulations do not apply in the circumstances described in regulations 3(2) and (3). There is a transitional exclusion set out in regulation 4(1) but this is subject to the case of a “filling instrument” which bears the marking “R 61”.

Regulation 5 sets out some general duties relating to the use for trade of a “filling instrument” in terms of erection and installation (Schedule 1), use and manner of use (Schedule 2) and compliance with the accuracy classes specified in Schedule 3.

Regulation 6 provides for certain requirements which must be satisfied before a “filling instrument” is passed as fit for use for trade for the purposes of the Regulations: these relate to compliance with a pattern in respect of which a “certificate of approval” remains in operation, the application of descriptive markings in accordance with Schedule 4 and provisions in respect of initial verification testing carried out by an inspector in accordance with the procedure specified in clause 5.3 of Part 1 of OIML R 61.

Regulation 7 permits a supplementary indication to be given up to and including 31st December 2009, where the indication of the exact quantity of material a filling instrument purports to weigh is given in metric units of measurement.

Regulation 8 incorporates some supplementary requirements relating to the testing, passing as fit for use for trade and stamping of any “filling instrument”.

Regulation 9 makes provision for “filling instruments” imported from another EEA State into Northern Ireland (whether directly or indirectly through Great Britain) not to be tested by an inspector when an inspector is presented with the “requisite documentation” (as defined in that regulation), unless he is not satisfied with that “requisite documentation”.

Regulation 10 specifies circumstances where an inspector shall not pass a “filling instrument” as fit for use for trade, including a failure to comply with the prescribed limits of error in accordance with the provisions of regulation 10(3) and Schedule 5. Provision is also made, in regulation 10(2), for circumstances in which a “filling instrument” imported from another EEA State shall not be passed as fit for use for trade.

Regulations 11 to 16 relate to the stamping and obliteration of stamps on “filling instruments”.

Some supplementary definitions appear in regulation 2(2).

These Regulations have been notified to the European Commission and the other member States in accordance with Directive 98/34/EC of the European Parliament and of the Council (OJ No. L204, 21.7.98, p. 37), as amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No. L217, 5.8.98, p. 18).

Copies of the publications of the Organisation Internationale de Métrologie Légale (see definition of “OIML R 61” in regulation 2(2)) are available from the Organisation at 11 rue Turgot, Paris, 75009, France, and from the National Weights and Measures Laboratory, Stanton Avenue, Teddington, Middlesex, TW11 0JZ.

Contravention of Regulation 5 or 6 is an offence under Article 13(1) of the 1981 Order. The penalty on summary conviction is a fine not exceeding level 3 on the standard scale (currently £1,000) and the measuring equipment in respect of which the offence is committed is liable to forfeiture.