The Meters (Certification) Regulations 1998

Authorised examiner E+W+S

[F1 5.— (1) If the Authority is satisfied that a person is competent to carry out the functions contained in or referred to in regulation 7, the Authority may authorise that person to be an examiner for the purpose of the Act.

(2) An authorisation under paragraph (1) may be general or may be limited to one or more descriptions of meters, according to the Authority’s determination of the competence of the person authorised and once given may be modified in the light of further evidence of competence.

(3) An authorisation granted by the Authority under paragraph (1) shall be subject to the following conditions:—

(a) that the authorised examiner shall only certify meters in the following circumstances—

(i) if he is employed by an electricity supplier and a meter is submitted to him for certification by that supplier;

(ii) if he is employed by an authorised manufacturer or authorised repairer and a meter has been manufactured by, or, as the case may be, repaired by, and is submitted to him for certification by, that manufacturer or repairer;

(iii) if he is employed by a nominated laboratory, and a meter is submitted for certification to the nominated laboratory;

(b) in the case of an authorised examiner whose authorisation is limited pursuant to paragraph (2), that he shall not certify any meter not falling within the description of meters for which he has been authorised.

(c) that he shall not certify any meter which he has wholly or partly manufactured or repaired or one which he has examined, tested or regulated in any capacity other than that of authorised examiner;

(d) that, where regulation 9 applies, he shall examine and test not less than the number of meters selected in accordance with a sampling procedure determined by the Authority having regard to national or international sampling procedures or plans;

(e) that he shall send to the Authority not more than seven days after the expiry of each month a report stating the number of meters which have been submitted to him in accordance with regulation 6 and the number of meters in respect of which a certificate has been issued under regulation 7 or 9 during the preceding month;

(f) that he shall retain a copy of each certificate issued by him for a period of not less than one year from the date of issue and shall produce the copy to the Authority if requested to do so;

(g) that he shall take all reasonable steps to maintain his competence to carry out the functions in respect of which he has been authorised;

(h) that he shall exercise proper care and attention at all times in performing his functions under regulation 7 or 9.

(4) An authorisation granted by the Authority under this regulation may be terminated in accordance with paragraphs (9) to (11) at any time by the Authority if in the reasonable opinion of the Authority any of the circumstances of paragraphs (5) to (7) applies in his case.

(5) The authorised examiner is in breach of any condition of his authorisation and—

(a) the Authority has notified the authorised examiner of the breach;

(b) in the case of a breach which is, in the opinion of the Authority, capable of being remedied, the authorised person has refused or failed within a reasonable time to remedy that breach after notice has been given to him by the Authority notifying of the breach; and

(c) the period specified in paragraph (8) has expired.

(6) In the reasonably held opinion of the Authority the authorised examiner is no longer competent to carry our the functions for which he has been authorised.

(7) The authorised examiner has not, for a period of one year performed the functions for which he has been authorised and there is no reason to believe that he will do so within the next following period of 3 months.

(8) The period for the purposes of paragraph (5) is, as the case may be, 28 days,—

(a) in a case to which paragraph (5)(b) applies, from the date on which the Authority notifies the authorised examiner of its opinion that the authorised examiner has refused or failed within a reasonable time to remedy the breach;

(b) in any other case, from the date on which the Authority notified the breach.

(9) Termination of authorisation shall be effected by notice in writing by the Authority served upon the authorised examiner.

(10) The Authority shall not terminate an authorisation in the circumstances of paragraph (6) or (7) until it has served notice on the authorised examiner of its intention and the ground on which it proposes to act and provided him with a reasonable opportunity to be heard, and in any event until a period of 28 days has expired since the service of the notice.

(11) The Authority shall take account of all representations received before exercising the power of termination.]

Textual Amendments

F1 Reg. 5 substituted (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. 8 (with reg. 3)