The Measuring Instruments (Automatic Catchweighers) Regulations 2006

PART III U.K. USE FOR TRADE OF AUTOMATIC CATCHWEIGHERS

Requirements for use for trade U.K.

14.  No person shall use for trade an automatic catchweigher unless—

(a) it is compliant with the essential requirements other than the provisions relating to maximum permissible errors referred to in paragraph 17 of Schedule 1;

(b) the requirements of regulations 15 to 18 are complied with;

(c) it has been erected and installed in accordance with the requirements of regulation 19;

(d) in the case of an automatic catchweigher of accuracy class Y(I), Y(II), Y(a), or Y(b) in automatic operation, it is within the maximum permissible error for that instrument as set out in Table 1 in Schedule 5; and

(e) in the case of an automatic catchweigher of accuracy class Y(I), Y(II), Y(a) or Y(b) in non-automatic operation, it is within the maximum permissible error for that instrument as set out in Table 2 in Schedule 5.

Manner of use U.K.

15.  An automatic catchweigher marked with a measurement range may be used for trade for determining the weight of any item by ascertaining the difference between the weight of that item and a separate item, where both items fall within the measurement range.

16.  Where an automatic catchweigher is marked with a measurement range no person shall use that instrument for trade for determining a weight outside that range in relation—

(a) to, or to articles made from, gold, silver or other precious metals, including gold or silver thread or fringe;

(b) to precious stones or pearls; or

(c) to drugs or other pharmaceutical products.

17.  No person shall use for trade an automatic catchweigher other than an instrument of accuracy class Y(I) or Y(II) in any transaction—

(a) in, or in articles made from, gold, silver or other precious metals, including gold or silver thread or fringe; or

(b) in precious stones or pearls.

18.—(1) Where an automatic catchweigher is marked with a temperature range, it shall not be used for trade in temperatures outside that range.

(2) Where an automatic catchweigher bears a mark which signifies the manner and purpose of use, it shall not be used for trade in a manner or for a purpose which does not accord with that marking.

(3) An automatic catchweigher of accuracy class Y(b) shall only be used for weighing ballast or waste.

(4) An automatic catchweigher shall not be used for trade in circumstances—

(a) in which it may be prevented from operating consistently or accurately; or

(b) which are likely prematurely to degrade its metrological characteristics.

(5) For the purposes of paragraph (3), “waste” shall be construed in accordance with section 75 of the Environmental Protection Act 1990 M1 , and shall include any waste disposed of for reprocessing or recycling purposes but shall not include any radioactive waste as defined in [F1 section 2 of the Radioactive Substances Act 1993 ]M2 [F1 Schedule 23 to the Environmental Permitting (England and Wales) Regulations 2010].

Textual Amendments

F1 Words in reg. 18(5) substituted (E.W.) (6.4.2010 immediately after S.I. 2009/3381 comes into force) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1), Sch. 26 Pt. 2 para. 30 (with reg. 1(2))

Marginal Citations

M1 1990 c. 43.

M2 1993 c. 12.

Manner of erection and installation U.K.

19.—(1) Every automatic catchweigher shall be so positioned as to facilitate cleaning and testing.

(2) The installation of an automatic catchweigher shall be so designed that an automatic weighing operation will be the same for testing as for use for a transaction.

(3) If any special equipment for an automatic catchweigher, as referred to in paragraph 9(5) of Schedule 1, is not a permanent fixture of the instrument it shall be kept in the vicinity of the instrument.