The Meters (Approval of Pattern or Construction and Manner of Installation) Regulations 1998

Citation and commencement E+W+S

1.  These Regulations may be cited as the Meters (Approval of Pattern or Construction and Manner of Installation) Regulations 1998 and shall come into force on 1st August 1998.

Commencement Information

I1 Reg. 1 in force at 1.8.1998, see reg. 1

Interpretation E+W+S

2.—(1) In these Regulations:—

[F1 “the Authority” means the Gas and Electricity Markets Authority;]

[F1 “certified test report” means a copy certified by the nominated laboratory as a true copy of the full report of the tests carried out by the laboratory for the purpose of establishing whether the pattern or construction or manner of installation of the meter is capable of meeting the requirement in regulation 5(1) and the results of those tests;]

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(1) as adjusted by the Protocol signed at Brussels on 17th March 1993(2);

“EEA State” means a state which, at the date of the entry into force of these Regulations, is a Contracting Party to the EEA Agreement [F2 , but does not include the United Kingdom];

“meter examiner” means a person appointed under paragraph 4 of Schedule 7 to the Electricity Act 1989; and

[F3 “nominated laboratory” means a laboratory nominated by the Authority for the purpose of testing meters.]

“notification of approval” means a notification issued under regulation 7.

(2) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or the Schedule is a reference to the regulation bearing that number in or the Schedule to these Regulations; and any reference in a regulation or the Schedule to a numbered paragraph is a reference to the paragraph of that regulation or of the Schedule bearing that number.

Textual Amendments

F1 Words in reg. 2(1) inserted (1.2.2003) by The Electricity (Approval of Pattern or Construction and Installation and Certification) (Amendment) Regulations 2002 (S.I. 2002/3129), reg. 1(1), Sch. para. 1(2) (with reg. 3)

F2 Words in reg. 2(1) inserted (31.12.2020) by The Weighing and Measuring Equipment and Meters (Amendment of Secondary Legislation) (EU Exit) Regulations 2018 (S.I. 2018/1387), reg. 1(2), Sch. para. 8(2); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 2(1) inserted (1.2.2003) by The Electricity (Approval of Pattern or Construction and Installation and Certification) (Amendment) Regulations 2002 (S.I. 2002/3129), reg. 1(1), Sch. para. 1(3) (with reg. 3)

Commencement Information

I2 Reg. 2 in force at 1.8.1998, see reg. 1

Approved pattern or construction and approved manner of installation E+W+S

3.  A meter, other than a meter which is deemed to be of an approved pattern or construction under regulation 3(2) of the Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995(3), used for ascertaining the quantity of electricity supplied by an electricity supplier to a customer shall not be regarded as being—

(a) of an approved pattern or construction unless a notification of approval in respect of that pattern or construction has been issued, or is deemed to have been issued, and that approval has not been revoked; or

(b) installed in an approved manner unless a notification of approval of that manner of installation has been issued, or is deemed to have been issued, and that approval has not been revoked.

Modifications etc. (not altering text)

C1 Reg. 3 excluded (28.12.2016) by The Measuring Instruments Regulations 2016 (S.I. 2016/1153), reg. 1(2), Sch. 3 para. 6(5)(b) (with regs. 3(4), 5, 67(5))

Commencement Information

I3 Reg. 3 in force at 1.8.1998, see reg. 1

Application for approval E+W+S

4.—(1) Any person who requires the pattern or construction of a meter or its manner of installation to be approved shall submit to the Director—

(a) an application containing the information specified in the Schedule and signed by that person; F4 ...

(b) not less than three meters of the pattern or construction and containing the components described in the application [F5 ; and

(c) where a report has been obtained in support of the application from a nominated laboratory, a certified test report.]

(2) References in this regulation to the pattern or construction of a meter or to the manner of its installation include references to a modification of a pattern or construction or of a manner of installation which has previously been approved in accordance with these Regulations.

Textual Amendments

F4 Word in reg. 4(1)(a) omitted (1.2.2003) by virtue of The Electricity (Approval of Pattern or Construction and Installation and Certification) (Amendment) Regulations 2002 (S.I. 2002/3129), reg. 1(1), Sch. para. 2(2) (with reg. 3)

F5 Reg. 4(1)(c) and word inserted (1.2.2003) by The Electricity (Approval of Pattern or Construction and Installation and Certification) (Amendment) Regulations 2002 (S.I. 2002/3129), reg. 1(1), Sch. para. 2(3) (with reg. 3)

Commencement Information

I4 Reg. 4 in force at 1.8.1998, see reg. 1

Testing of meters E+W+S

5.—(1) Subject to paragraph (3) [F6 or (3A)], where a meter has been submitted to the Director under regulation 4, a meter examiner shall carry out or procure the carrying out of such tests as he considers are necessary to determine whether the pattern or construction of the meter or the proposed manner of its installation is such that any meter of that pattern or construction or such a meter installed in that manner will be capable of accurately recording the quantity of electricity for which the meter is intended to operate.

(2) In carrying out his functions under paragraph (1), a meter examiner shall have regard to any national, European or international technical standards relating to meters of that or a similar pattern or construction.

(3) A meter examiner shall not carry out or procure the carrying out of tests in accordance with paragraph (1) if he is satisfied that the pattern or construction or the manner of installation complies with any relevant European or international standard recognised for use in any EEA State or—

(a) an equivalent standard or code of practice of a national standards body or equivalent body of any EEA State;

(b) an equivalent technical specification acknowledged for use as a standard by a public authority of any EEA State; or

(c) customary procedures of manufacture of an EEA State where these are the subject of a written technical description sufficiently detailed to permit assessment of the meter for this purpose,

provided that a meter complying with sub-paragraph (a), (b) or (c) will be of equivalent standard to a meter complying with a relevant European or international standard recognised for use in any EEA State.

[F7 (3A) A meter examiner shall not, unless requested to do so by the person who made the submission, carry out or procure the carrying out of tests in accordance with paragraph (1) if, in connection with the submission,—

(a) a certified test report has been submitted in support of the application for approval in accordance with regulation 4(1)(c); and

(b) he is satisfied—

(i) that the report of the nominated laboratory is sufficient and reliable for the purpose of determining whether the pattern or, as the case may be, the construction or the manner of installation of the meter meets the requirement in paragraph (1); and

(ii) on the basis of the report that the pattern or construction of the meter or the proposed manner of its installation is such that any meter of that pattern or construction or such a meter installed in that manner will be capable of meeting the requirement in sub-paragraph (1).]

(4) Any meter which a meter examiner is satisfied complies with the standards set out in paragraph (3) shall be deemed to be capable of accurately recording the quantity of electricity for which it is intended to operate.

(5) For the purpose of paragraph (3) a meter examiner shall take into account the results of the tests carried out by the bodies and laboratories of F8 ... EEA States where such bodies and laboratories conform with European Standard EN 45001: 1989(4);

(6) In relation to any one or more of the tests which the meter examiner considers necessary, he may require the person applying for approval to procure the carrying out of specified tests at any premises approved by the Director for carrying out tests of the type specified.

(7) A test referred to in paragraph (6) shall, if the meter examiner so requires—

(a) not be carried out until the meters have been sealed by him for identification purposes; and

(b) be carried out in his presence,

and the meters shall on completion of the test be delivered to the meter examiner.

(8) A meter which has been submitted to the Director under regulation 4 shall not be repaired or modified by any person, other than by a meter examiner for the purpose of carrying out tests in accordance with this regulation, until a notification has been issued under regulation 6 or 7.

Textual Amendments

F6 Words in reg. 5(1) inserted (1.2.2003) by The Electricity (Approval of Pattern or Construction and Installation and Certification) (Amendment) Regulations 2002 (S.I. 2002/3129), reg. 1(1), Sch. para. 3(2) (with reg. 3)

F7 Reg. 5(3A) inserted (1.2.2003) by The Electricity (Approval of Pattern or Construction and Installation and Certification) (Amendment) Regulations 2002 (S.I. 2002/3129), reg. 1(1), Sch. para. 3(3) (with reg. 3)

F8 Word in reg. 5(5) omitted (31.12.2020) by virtue of The Weighing and Measuring Equipment and Meters (Amendment of Secondary Legislation) (EU Exit) Regulations 2018 (S.I. 2018/1387), reg. 1(2), Sch. para. 8(3); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I5 Reg. 5 in force at 1.8.1998, see reg. 1

Notification of refusal of approval E+W+S

6.—(1) If a meter examiner concludes that the pattern or construction of the meter or the proposed manner of its installation is such that any meter of that pattern or construction or any such meter installed in that manner will not be capable of satisfying the requirement set out in regulation 5(1), the Director shall notify the person applying for approval accordingly, giving the reasons for such refusal.

(2) Where a meter examiner reaches the conclusion mentioned in paragraph (1) before he has completed every test which he had considered necessary for the purpose of regulation 5, he shall not be required to carry out the remainder of those tests.

Commencement Information

I6 Reg. 6 in force at 1.8.1998, see reg. 1

Notification of approval E+W+S

7.—(1) Where a meter examiner concludes that the pattern or construction of the meter or the manner of its installation complies with regulation 5(3) or is such that any meter of that pattern or construction or any such meter installed in that manner will be capable of satisfying the requirement set out in regulation 5(1), the meter examiner shall issue a notification of approval to the applicant, and a notification of approval may notify approval both of the pattern or construction of the meter and of the manner of its installation.

(2) A notification of approval for the purpose of paragraph (1) shall specify—

(a) the type or model number referred to in the application submitted under regulation 4(1)(a);

(b) (where the approval is of the pattern or construction of the meter and the meter contains more than one register of or relating to the quantity of electricity supplied) the maximum number of registers for which the approval is given;

(c) (where the approval is of the manner of installation of the meter) subject to paragraph (3), the approved manner of its installation; and

(d) the conditions as to the use of the meter subject to which the approval is given,

and shall relate only to a meter of the pattern or construction and containing the components described in the application.

(3) The approved manner of installation of a meter shall be by affixing it in a vertical position to a secure surface and connecting it to the electric line providing the supply in accordance with the manner specified on the meter, unless the notification of approval otherwise provides.

(4) A notification of approval under this regulation may contain a condition that the approval will cease within such period as the Director shall determine.

(5) Where a notification of approval contains a condition under paragraph (4), any person may apply to the Director for the renewal of that approval not more than three months before the date upon which the period will expire.

(6) An application under paragraph (5) shall—

(a) contain the information specified in the Schedule and be signed by the person making the application; and

(b) be accompanied by not less than three meters of the pattern or construction to which the notification in question relates.

(7) For the purpose of these Regulations a meter which is installed at an inclination of not more than three degrees from the vertical in any direction shall be deemed to have been installed in a vertical position.

Commencement Information

I7 Reg. 7 in force at 1.8.1998, see reg. 1

Modifications E+W+S

8.  A modification to any part of a meter that has satisfied the requirement set out in regulation 5(1) shall cause that meter to cease to be of an approved pattern or construction and installed in an approved manner unless a meter examiner issues a notification of approval under regulation 7 in respect of the pattern or construction and manner of installation of the meter including that modification.

Commencement Information

I8 Reg. 8 in force at 1.8.1998, see reg. 1

Revocation of approval E+W+S

9.—(1) If the Director wishes to revoke an approval given under these Regulations, he shall publish in such manner as he considers appropriate—

(a) his wish to revoke the approval;

(b) the fact that he has prepared written reasons for the revocation; and

(c) the date on which he wishes the revocation to take effect,

and he shall invite representations within a period of not less than 28 days from the date of publication.

(2) The Director shall send a copy of his written reasons free of charge to any person who requests one before the approval is revoked.

(3) After considering any representations made under paragraph (1) the Director may revoke the approval in writing stating the date on which the revocation of the approval takes effect and shall publish notice of the revocation in such manner as he considers appropriate, provided that the revocation shall not take effect earlier than 28 days from the date on which notice of revocation is published.

(4) (a) Where the approval of the pattern or construction of a meter has been revoked, every meter of that pattern or construction used to ascertain the quantity of electricity supplied by an electricity supplier shall be replaced with a meter of an approved pattern or construction within six months of the date on which the revocation takes effect.

(b) Where the approval of the manner of installation of a meter has been revoked, every meter installed in that manner which is used as aforesaid shall be installed in an approved manner within six months of the date on which the revocation takes effect.

Commencement Information

I9 Reg. 9 in force at 1.8.1998, see reg. 1

Fees E+W+S

10.—(1) Where the pattern or construction or manner of installation of a meter has been approved, the person who submitted the application for approval pursuant to these Regulations shall pay to the Director for the approval the fee provided for in paragraph (2).

[F9 (2) The fee shall be an amount equal to the aggregate of—

(a) in the case of a meter examiner who is a member of the Authority’s staff,

(i) a sum calculated at the rate of £45 per hour for all time that the meter examiner spent examining or testing or procuring the testing of the meter, including any time spent attending at any test carried out by another; plus

(ii) any reasonable expenses, including incidental expenses, of the meter examiner in travelling to and from premises other than those of the Authority for the purpose of attending at any test carried out by another; plus

(b) a sum equal to the costs incurred by the Authority (other than the cost of employing the meter examiner referred to in sub-paragraph (a) and any expenses referred to in sub-paragraph (b)) attributable to procuring from any person the provision of premises, equipment or personnel (including a meter examiner) for the purpose of examining or carrying out any test on the meter.

(2A) For the purposes of calculation under paragraph (2)(a) any part of an hour exceeding 30 minutes shall be charged as an hour.]

(3) Any fee payable under this regulation shall be paid to the Director on demand.

Textual Amendments

F9 Reg. 10(2)(2A) substituted for reg. 10(2) (1.2.2003) by The Electricity (Approval of Pattern or Construction and Installation and Certification) (Amendment) Regulations 2002 (S.I. 2002/3129), reg. 1(1), Sch. para. 4(2) (with reg. 3)

Commencement Information

I10 Reg. 10 in force at 1.8.1998, see reg. 1

Transitional E+W+S

11.  A meter of which the pattern or construction and the manner of installation have been approved by the Secretary of State prior to the coming into force of these Regulations shall be deemed to be an approved meter for the purpose of these Regulations until the date upon which that approval would have expired or the period for which that approval was granted expires.

Commencement Information

I11 Reg. 11 in force at 1.8.1998, see reg. 1

Revocation E+W+S

12.  The Meters (Approval of Pattern or Construction and Method of Installation) Regulations 1990(5) are revoked.

Commencement Information

I12 Reg. 12 in force at 1.8.1998, see reg. 1

S. C. Littlechild,

Director General of Electricity Supply

I consent

John Battle,

Minister for Science, Energy and Industry,

Department of Trade and Industry