Explanatory Note
(This note is not part of the Regulations)
These Regulations implement Directive 2004/22/EC of the European Parliament and of the Council on measuring instruments (OJ No. L 135, 30.4.2004, p1) “ the Directive” in relation to the class of automatic discontinuous totalisers within the category of automatic weighing instruments covered by the Directive.
Part I provides that these Regulations apply, with certain exceptions, to automatic discontinuous totalisers for use for trade which are first placed on the market or put into use on or after the 30th October 2006.
Part II deals with the general requirements for placing on the market and putting into use. These are that automatic discontinuous totalisers are compliant with the essential requirements, that manufacturers have demonstrated such compliance with the essential requirements and that the instruments have the CE marking, the M marking and identification number of the relevant notified body affixed to them (regulation 4(1)). It is an offence to fail to comply with the requirements of regulation 4(1) before placing instruments on the market or putting them into use (regulation 4(2)). The essential requirements are set out in Schedule 1. Compliance with the essential requirements can be demonstrated in accordance with the provisions in regulation 5. Regulation 6 sets out the different conformity assessment procedures available to a manufacturer to demonstrate compliance. The technical documentation required is set out in Schedule 3.
Regulations 7 to 11 and Schedule 2 contain provisions relating to the designation by the Secretary of State of persons as notified bodies and with the administrative procedures relating to their appointment, their functions and fees. Requirements relating to the marking of instruments and identification are set out in regulation 12 and Schedule 4. Regulation 13 provides for a presumption of conformity with other applicable directives conferred by the CE marking.
Part III of these Regulations deals with requirements relating to the use for trade of discontinuous totallisers (regulations 14—16) pursuant to section 15(1) of the Weights and Measures Act 1985. Failure to comply with these requirements is an offence under section 15(3) of that Act.
Part IV deals with enforcement of these Regulations. Regulation 17 provides that the Regulations shall enforced by every local weights and measures authority within its area: the Secretary of State may act as an enforcement authority in relation to Part II, and for that purpose may appoint any person to act on his behalf. Regulation 18 (compliance notice procedure) and 19 (immediate enforcement action) confer powers on the enforcement authorities. Regulation 20 permits a review by the Secretary of State of notices issued by other enforcement authorities under regulations 18 and 19. Regulation 21 provides for disqualification of instruments and it is an offence to use an automatic discontinuous totaliser which has been disqualified unless it has been re-qualified in accordance with regulation 22. Regulation 23 provides for the testing of automatic discontinuous totalisers otherwise than for the purposes of requalification.
Regulation 24 details the offences relating to the unauthorised application of authorised marks. Regulation 25 provides powers of entry and inspection for enforcement officers. Regulation 26 provides for offences relating to the obstruction of an enforcement officer. A person guilty of an offence under Part II or Part IV is liable on summary conviction to a fine not exceeding level 5 on the standard scale (which is currently £5,000) (Regulation 27). A defence of due diligence in relation to any offence under the Regulations is provided for in Regulations 28 and the liability of persons other than the principal offender is set out in regulation 29.
Part V (regulations 30 to 32) deals with miscellaneous matters, including application of the Regulation to Northern Ireland to the extent set out in Schedule 5 (regulation 32).
These Regulations have been notified to the European Commission and the other member States in accordance with Directive 98/34/EC of the European Parliament and of the Council (OJ No. L204, 21.7.98, p.37), as amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No. L217, 5.8.98, p.18).
A Regulatory Impact Assessment (RIA) in respect of these Regulations is available and a copy can be obtained from the National Weights and Measures Laboratory, (NWML) Stanton Avenue, Teddington, Middlesex TW11 OZJ or from its website at www.nwml.gov.uk. As these Regulations transpose the Directive, a transposition note (TN) setting out how the Government has transposed the Directive in the United Kingdom has been prepared. Copies of the RIA and TN are available from NWML as above. Copies of these documents have been placed in the libraries of both Houses of Parliament.