Explanatory Note
(This note is not part of the Regulations.)
These Regulations implement, in Northern Ireland, International Recommendation OIML R51 of the Organisation Internationale de Métrologie Légale relating to automatic catchweighing 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 of Enterprise, Trade and Investment under Article 10 of the Weights and Measures (Northern Ireland) Order 1981 (the 1981 Order).
A definition of “automatic catchweighing instrument” and some supplementary definitions appear in regulation 2(1).
Regulation 3 applies the Regulations to automatic catchweighing instruments, which are prescribed for the purposes of Article 9(1) of the 1981 Order (certain equipment to be passed and stamped 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 exclusion does not apply in the case of an automatic catchweighing instrument which bears the marking “R51”.
Regulation 5 sets out some general duties relating to the use for trade of an automatic catchweighing instrument in terms of erection and installation (Schedule 2), and use and manner of use (Schedule 3). Regulation 6 provides for certain requirements which must be satisfied before an automatic catchweighing 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 force, the application of descriptive markings and specified verification marks in accordance with Schedule 4, and provisions in respect of initial verification testing in accordance with the procedure specified in clause 5.3 of Part 1 of OIML R51 (or on an equivalent basis), including confirmation of an “accuracy class” (in accordance with Schedule 1). Regulation 7 provides for supplementary indications of imperial units of measurement on or before 31st December 2009. Regulation 8 incorporates some supplementary requirements relating to the inspection, testing, passing as fit for use for trade and stamping of any automatic catchweighing instrument. Regulation 9 makes provision for automatic catchweighing instruments imported from an 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 an automatic catchweighing 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 an automatic catchweighing 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 automatic catchweighing instruments, including the effect of an obliteration of a stamp on such an instrument which is also capable of functioning as a non-automatic weighing instrument, to which other specified legislation applies when it is so used.
Regulation 17 makes consequential amendments to other Regulations.
The Regulations have been notified to the European Commission pursuant to Directive 98/34/EC (OJ No. L204, 21.7.98, p. 37) as amended by Directive 98/48/EC (OJ No. L217, 5.8.98, p. 18).
Copies of the publications of the Organisation Internationale de Métrologie Légale (see definition of “OIML R51” in regulation 2(1)) are available from the Organisation at 11 rue Turgot, Paris, 75009, France, and from the National Weights and Measures Laboratory (an Executive Agency of the Department of Trade and Industry), Stanton Avenue, Teddington, Middlesex, TW11 0JZ.
BS EN ISO/IEC 17025:2005 is available from any of the sales outlets operated by the British Standards Institution or from the British Standards Institution, Linford Wood, Milton Keynes, MK14 6LE.