The Meters (Certification) Regulations 1998

Explanatory Note

(This note is not part of the Regulations)

These Regulations set out the procedure for enabling meters, other than meters deemed to be certified under the measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995 (S.I. 1995/2607), used for the purpose of measuring the quantity of electricity supplied to customers to be certified and provide for the circumstances in which certification and deemed certification are terminated. They consolidate with amendments the Meters (Certification) Order 1987 (S.I. 1987/730) and the Meters (Certification) Regulations 1990 (S.I. 1990/792). In addition to minor and drafting amendments, they make the following amendments of substance—

• the requirement that an authorised examiner may not examine any meter which he has examined tested or regulated has been extended to meters which he has manufactured or repaired (regulation 5(3));

• amendments to the procedure for certification require the meter to have been sealed before it is certified, but omit the requirement for it to be accompanied by a report (regulation 7(1)) and the requirement for a meter submitted for certification to be accompanied by a report now applies only to a meter submitted for batch certification (regulation 9(3));

• tests and testing methods which accord with the equivalent European provisions specified in regulation 8 may be relied upon as alternative to those described in Schedules 1 and 3 (regulations 3(2)(c), 4(2)(d), 7(1)(a) and Schedule 2);

• the provision that a meter ceases to be certified if any alteration is made to it no longer has an exception for any alteration to the demand indicator mechanism in a maximum demand meter (regulation 10(3));

• detailed changes are made to the period for which a meter remains certified in that periods of between 10 and 25 years are specified for meters listed in Schedule 4 (previously periods of 15 or 20 years were generally specified), and 10 years is specified for other meters (previously 10 or 20 years, depending on type) (regulation 10); a meter shall not be certified unless it can be expected to operate within the permitted margins of error for this period or has been tested in accordance with one of the equivalent European provisions (regulation 7(1)(a)); and

• the fee charged where certification is by a meter examiner is increased from 29p to 34p, and where certification is by an authorised examiner it is increased from 17p to 18p (regulation 11(1)).

Provisions have been omitted that a certificate signed by an examiner is conclusive evidence of certification; that a copy of a certificate signed by an examiner is sufficient evidence; and that a meter ceases to be certified if it is moved.

The provisions requiring the recognition of European Standards have been extended to cover standards accepted in EEA States to reflect the effect of article 11 of the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (OJ No. L1, 3.1.94, p.1), as itself amended by the Protocol adjusting that Agreement signed at Brussels on 17th March 1993 (OJ No. L1, 3.1.94, p.572) (regulations 2(1), 3(1)(b), 4(1)(b), 8(1) and 8(2)).

These Regulations were notified in draft to the European Commission in accordance with Council Directive 83/189/EEC (OJ No. L109, 26.4.83, p.8) (as amended by Council Directive 88/182/EEC (OJ No. L81, 26.3.88, p.75) and Council Directive 94/10/EC (OJ No. L100, 19.4.94, p.100)).

Attention is drawn to the provisions of the Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995, the effect of which is to ensure that, for the purpose of Schedule 7 to the Electricity Act 1989, instruments bearing the mark of EC initial verification are treated in the same way as instruments certified under these Regulations.

Copies of European Standards EN ISO 9001: 1994 (referred to in regulation 3(1)(b)), EN ISO 9002: 1994 (referred to in regulation 4(1)(b)), EN 61036: 1996 (referred to in regulation 8(1)(b)), EN 45001: 1989 (referred to in regulation 8(2)) and Harmonisation Documents 553 S2 and 554 S1 (referred to in paragraph 5(2) of Schedule 2) may be obtained from the British Standards Institution at 389 Chiswick High Road, London W4 4AL.

A compliance cost assessment of the effect of this instrument on the cost of business is available from the Office of Electricity Regulation, Hagley House, Hagley Road, Edgbaston, Birmingham B16 8QG. Copies have been placed in the libraries of both Houses of Parliament.