The Weighing Equipment (Non-automatic Weighing Machines) (Amendment) Regulations 1992

Statutory Instruments

1992 No. 3037

WEIGHTS AND MEASURES

The Weighing Equipment (Non-automatic Weighing Machines) (Amendment) Regulations 1992

Made

2nd December 1992

Laid before Parliament

7th December 1992

Coming into force

30th December 1992

The Secretary of State, in exercise of the powers conferred by sections 11(1) and (4), 15(1), 86(1) and 94(1) of the Weights and Measures Act 1985(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

1.  These Regulations may be cited as the Weighing Equipment (Non-automatic Weighing Machines) (Amendment) Regulations 1992 and shall come into force on 30th December 1992.

2.  The Weighing Equipment (Non-automatic Weighing Machines) Regulations 1988(2) are hereby further amended as follows—

(a) in regulation 2(1),—

(i) by the substitution for the definition of “automatic catchweight weighing machine” of the following definition—

• ““automatic catchweight weighing machine” means an automatic weighing machine which determines, but does not regulate, the mass of individual items but does not include—

  (a)

  an automatic checkweighing machine, that is to say, a machine which subdivides articles the mass of which varies on either side of a predetermined value, or

  (b)

  an automatic weight grading machine, that is to say, a machine which subdivides articles of different mass for which there is no predetermined nominal mass;”;

(ii) in the definition of “non-automatic weighing machine”, by the substitution for the words “a weigh-price labeller” of the words “an automatic catchweight weighing machine”;

(iii) by the omission of the definition of “customer check weighing machine”; and

(iv) by the omission of the definition of “weigh-price labeller”;

(b) in regulation 2(2), by the substitution for the entry—

“carat (metric)

CM”

• of the following entry—

  “carat (metric)

  CM, ct”;

(c) in regulation 3(2), by the addition after sub-paragraph (g) of the following subparagraphs—

“(h) machines used for weighing persons which are made available for use by the public, whether on payment or otherwise;

(i) customer check weighing machines, that is to say, non-automatic weighing machines which, in accordance with section 7(4)(a) of the Act are made available for use for trade by prospective buyers of goods so that they may check the weight of the goods before purchasing them;”;

(d) in regulation 4,—

(i) by the substitution for paragraph (1) of the following paragraph—

“(1) Where a non-automatic weighing machine is marked with a weighing range, no person shall use that machine for trade for determining a weight outside that range:

• Provided that such a machine may be used for trade for determining the weight of any item by way of ascertaining the difference between two weights, that is to say, the weight of that item and another item or items and the weight of that other or those other items only.”;

(ii) in paragraph (5), by the omission of sub-paragraph (d); and

(iii) in paragraph (6), by the insertion at the end of sub-paragraph (a)(i) of the word “or” and by the omission of sub-paragraph (a)(iii);

(e) in regulation 9, by the insertion at the beginning of the words “Subject to regulation 9A below,”;

(f) by the insertion after regulation 9 of the following regulation—

“9A.   In the case of a non-automatic weighing machine (being a nongraduated Class II machine with a maximum capacity of not less than 25 g and not more than 1 kg) which is used for trade in any transaction by retail in drugs or other pharmaceutical products, the verification scale interval “e” in Table 2 of Schedule 2 to these Regulations shall be within the range Max/2000 to Max/ 20000 inclusive.”;

(g) in regulation 13,—

(i) in paragraph (1), by the substitution for the words “paragraph (2) below” of the words “paragraphs (2) and (3) below”; and

(ii) by the addition after paragraph (2) of the following paragraph—

“(3) Notwithstanding paragraph (1) above,—

(a) in the case of a Class II, III or IIII non-automatic weighing machine used for the purpose of determining postal or other tariffs, the approved minimum load (as indicated in relation to the machine in Table 2, 3 or 4 in Schedule 2 to these Regulations, as the case may require) shall be not less than five times the scale interval “d” (for a graduated machine) or five times the verification scale interval “e” (for a non-graduated machine) specified in relation to the machine in that Table; and

(b) in the case of a non-automatic weighing machine which is balanced otherwise than at zero, the approved minimum load shall be determined by reference to the balanced position.”;

(h) in regulation 15(2)(f), by the addition after head (iii) of the following head—

“(iv) in the case of a machine to which regulation 13(3) above applies, “Min…” (where “…” is the approved minimum load for the purpose of determining postal or other tariffs) and the words “for determining … tariffs” (where “…” is the specific tariff for which the machine is used).”;

(i) in regulation 16(1), by the addition after sub-paragraph (c) of the following subparagraph—

“(d) on and after 30th December 1992, they shall be marked in metric units or in pounds or ounces, in full or by means of one of the following abbreviations or symbols only:—

• lb, oz, oz tr, t, kg, g, CM, ct, mg.”;

(j) in regulation 17, by the omission of the words “with a maximum capacity not exceeding 12 kg,”;

(k) in regulation 19,—

(i) in paragraph (1), by the omission of the words “whether as a customer check weighing machine or as a self service weighing machine”; and

(ii) by the omission of paragraph (3);

(l) in regulation 20, in paragraph (a)(ii), by the substitution for the words “machine; and” of the words “machine; or”;

(m) in regulation 26, by the insertion after the word “erected” of the words “and used”;

(n) in regulation 33, by the substitution for paragraph (1) and the Table of the following paragraphs—

“33.— (1) Every non-automatic weighing machine, where the maximum load does not exceed 5 tonnes, shall be tested by the use of weights complying with the Weights and Measures (Local and Working Standard Weights and Testing Equipment) Regulations 1986(3) as set out in the following Table—

Accuracy Classification	Weights to be used
Class I and Class II	Local standard weights, working standard weights which fall within the prescribed limits of error relating to the equivalent local standard weights, test weights not greater than 56 pounds or 20 kilograms which fall within the prescribed limits of error relating to the equivalent local standard weights, or test weights greater than 56 pounds or 20 kilograms which fall within 0.15 of the prescribed limits of error for the test weights in question
Class III and having more than 5,000 scale intervals	Local standard weights, working standard weights, test weights not greater than 56 pounds or 20 kilograms, or test weights greater than 56 pounds or 20 kilograms which fall within half the prescribed limits of error for the test weights in question
Class III and having no more than 5,000 scale intervals and Class IIII	Local standard weights, working standard weights or test weights

(1A) In paragraph (1) above, the words “56 pounds or”, in both places where they occur, shall cease to have effect on 1st January 2000.”;

(o) in regulation 35, in paragraph (1), by the addition at the end of the words “Provided that the procedures specified in paragraphs 15 and 16 of that Schedule shall not be carried out unless the inspector considers it necessary to do so having regard to the characteristics of the machine or to the particular circumstances.”;

(p) in Schedule 2, by the substitution for Table 3 of the following Table—

“TABLE 3

Maximum capacity “Max”	Lower limit of the minimum load “Min”	Scale interval “d”	Number of scale intervals “n”	Verification scale interval “e”
Notes 1. In the case of machines where the weight indicating or printing is in units of the imperial system the relevant capacity and verification scale interval shall be the amounts in imperial units which are equivalent to those specified in the Table in terms of g, kg and t. 2. Where the equivalent metric value for an imperial scale interval falls between ranges then the value shall be considered as belonging to the lower range.”;
Non-graduated machines
20 g ≤ Max < 100 g	20 e			0.1 g
100 g ≤ Max < 1 kg	20 e
1 kg ≤ Max < 2 kg	20 e			1 g
2 kg ≤ Max	20 e
Graduated machines
Non-self indicating machines
20 g ≤ Max < 100 g	10 d	0.1 g≤ d ≤ 0.2 g	200 ≤ n < 1 000	0.1 g
100 g ≤ Max < 1 kg	20 d	0.2 g ≤ d ≤ 1 g	200 ≤ n < 1 000
100 g ≤ Max ≤ 10 kg	20 d	0.1 g ≤ d ≤ 1 g	1 000 ≤ n ≤ 10 000	d
400 g ≤ Max < 5 kg	20 d	2 g ≤ d ≤ 5 g	200 ≤ n < 1 000
2 kg ≤ Max ≤ 50 kg	20 d	2 g ≤ d ≤ 5 g	1 000 ≤ n ≤ 10 000	d
5 kg ≤ Max ≤ 10 t	20 d	10 g ≤ d ≤ 10 kg	500 ≤ n ≤ 1 000
10 kg ≤ Max ≤ 100 t	20 d	10 g ≤ d < 10 kg	1 000 ≤ n ≤ 10 000	d
15 t ≤ Max < 100 t	20 d	20 kg ≤ d ≤ 50 kg	750 ≤ n < 1 000
15 t ≤ Max < 100 t	10 d	100 kg	750 ≤ n < 1 000
20 t ≤ Max ≤ 1 000 t	20 d	20 kg ≤ d ≤ 50 kg	1 000 ≤ n ≤ 10 000	d
20 t ≤ Max ≤ 1 000 t	10 d	100 kg	1 000 ≤ n ≤ 10 000	d
150 t ≤ Max	10 d	200 kg ≤ d	750 ≤ n < 1 000
200 t ≤ Max	10 d	200 kg ≤ d	1 000 ≤ n ≤ 10 000	d
Self and semi-self indicating machines
20 g ≤ Max ≤ 10 kg	10 d	0.1 g ≤ d ≤ 1 g	50 ≤ n ≤ 10 000	d
400 g ≤ Max ≤ 50 kg	20 d	2 g ≤ d ≤ 5 g	200 ≤ n ≤ 10 000	d
5 kg ≤ Max ≤ 200 kg	20 d	10 g ≤ d ≤ 20 g	500 ≤ n ≤ 10 000	d
25 kg ≤ Max ≤ 100 t	20 d	50 g ≤ d ≤ 10 kg	500 ≤ n ≤ 10 000	d
15 t ≤ Max ≤ 1 000 t	20 d	20 kg ≤ d ≤ 50 kg	750 ≤ n ≤ 10 000	d
15 t ≤ Max ≤ 1 000 t	10 d	100 kg	750 ≤ n ≤ 10 000	d
150 t < Max	10 d	200 kg ≤ d	750 ≤ n ≤ 10 000	d

(q) in Schedule 3,—

(i) in paragraph 17, by the substitution in sub-paragraph (c) for the words “subparagraph (d) below” of the words “paragraph 17A below”; and

(ii) by the omission of sub-paragraph (d) of paragraph 17 and the insertion after that paragraph of the following paragraph—

“17A.— (a) Subject to sub-paragraph (b) below,—

(i) in the case of a load receptor having four or fewer supports, a test load equal to one-third of the maximum load shall be applied in turn to each of the four quarter segments of the load receptor, each quarter segment being as nearly as is practicable equal to one quarter in area of the receptor; or

(ii) in the case of a load receptor having more than four supports, a test load which is equal to the fraction 1/(n-1) of the maximum load shall be applied to each support over an area of 1/n of the surface area of the load receptor (where “n” is the number of supports):

• Provided that, if the load receptor has a pair of supports which are so close together that it is not practicable to proceed in this manner, a test load which is equal to 2/(n-1) of the maximum load (where “n” is the number of supports) shall be applied to twice that area equally spaced about the axis connecting the pair of supports; or

(iii) in the case of a machine which falls within head (i) or (ii) above but which has a load receptor in the form of a tank or hopper where the off-centre loading is minimal, a test load which is equal to one-tenth of the maximum load shall be applied to each point of support of the load receptor.

(b) In the case of a machine used for weighing vehicles of any description, a test load which is as nearly as practicable equal to, but in the event does not exceed, four-fifths of the maximum load shall also be applied at both ends and in the middle of the load receptor in all directions of movement of the vehicle on the load receptor.”; and

(r) in Schedule 4, for the heading to column 4 of the Table, by the substitution of the following heading “Number of verification scale intervals for loads — see Note below”.

N. Hamilton

Parliamentary Under-Secretary of State,

Department of Trade and Industry

2nd December 1992

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Weighing Equipment (Non-automatic Weighing Machines) Regulations 1988. They make the following changes of substance—

(a) The definitions of “automatic catchweight weighing machine” and “non-automatic weighing machine” are changed (regulation 2(a)).

(b) The abbreviation or symbol used for carat (metric) may be “ct” as an alternative to “CM” (regulation 2(b) and (i)).

(c) Person weighing machines and customer check weighing machines no longer need to be tested, passed as fit for use for trade and stamped by an inspector of weights and measures (regulation 2(c) and (k)).

(d) The provision prohibiting the use for trade of non-automatic weighing machines marked with a weighing range outside that range is revised (regulation 2(d)(i)).

(e) It is no longer a requirement that a weighing machine used for trade for retail transactions in drugs or other pharmaceutical products shall be a Class I or Class II machine (regulation 2(d)(ii)).

(f) The verification scale interval “e” for certain machines used for transactions in drugs or other pharmaceutical products is changed from Max/2000 to an interval in the range Max/2000 to Max/20000 inclusive (regulation 2(f)).

(g) The approved minimum load for certain tariff non-automatic weighing machines is defined (regulation 2(g) and (h)).

(h) The provision of a rider and certain other devices on Class II machines is no longer restricted to machines with a maximum capacity not exceeding 12 kg (regulation 2(j)).

(i) Non-automatic weighing machines, in addition to being erected in such a manner that the load being weighed is stationary, must also be so used (regulation 2(m)).

(j) The Table of weights to be used in the testing of non-automatic weighing machines is amended to take account of amendments made by the Weights and Measures (Local and Working Standard Weights and Testing Equipment) (Amendment) Regulations 1991 to the Weights and Measures (Local and Working Standard Weights and Testing Equipment) Regulations 1986 (regulation 2(n)).

(k) Level indicator testing and tilt testing is only required to be carried out if the inspector considers it necessary. The requirements for eccentric load testing are modified (regulation 2(o) and (q)).

(l) The specification for Class III machines is changed to reduce the lower limit of the minimum load from 50 verification scale intervals (50 e) or 50 scale intervals (50 d) to 20 e and 20 d respectively (regulation 2(p)).

(1)

1985 c. 72. Section 94(1) contains a definition of “prescribed”.

(2)

S.I. 1988/876 amended by S.I. 1988/2120 and 1991/2019.

(3)

S.I. 1986/1685 as amended by S.I. 1991/1775.