PART VN.I.SUPPLEMENTARY PROVISIONS
Passing as fit for use for tradeN.I.
39.—(1) Subject to paragraphs (2) to (5), no non-automatic weighing machine shall be passed as fit for use for trade unless—
(a)it complies with all the appropriate requirements of these Regulations; and
(b)on testing, it falls within the prescribed limits of error.
(2) Notwithstanding paragraph (1)(a), a non-automatic weighing machine which was first passed as fit for use for trade before 1st August 1991 may continue to be passed as fit for use for trade even if it does not comply with the requirements of regulations 7 and 19.
(3) Notwithstanding paragraph (1) in relation to the tilt testing requirements, a non-automatic weighing machine which is or could be marked
or
which was first passed as fit for use for trade before 1st August 1991 may continue to be passed as fit for use for trade if it bears the legend “Only to be used on a level surface”; provided that it meets the tilt testing requirements for a machine having an adjustable levelling device or devices instead of the requirements in paragraph 16 of Schedule 2 which would otherwise apply to it.
(4) Notwithstanding paragraph (1)(b), in so far as concerns errors over the first part of the range, a non-automatic weighing machine (other than a self or semi-self indicating graduated machine with an analogue indicating device) which was first passed as fit for use for trade before 1st August 1991 may continue to be passed as fit for use for trade provided that the error in excess or in deficiency over the first part of the range is within or equal to one verification scale interval.
(5) In the case of any non-automatic weighing machine imported from an EEA State, it shall not be passed as fit for use for trade unless—
(a)where the requisite documentation is presented in accordance with regulation 36, the test report recites and the test data confirm to the satisfaction of the inspector that on testing in the relevant EEA State it fell within the prescribed limits of error; and
(b)it complies with all the relevant requirements of these Regulations.