The Measuring Instruments (Capacity Serving Measures) Regulations 2006

Regulations 2(1) and 14(1)

SCHEDULE 1 ESSENTIAL REQUIREMENTS

1.  The essential requirements are the relevant requirements relating to capacity serving measures contained in Annex I and MI-008, set out in this Schedule.

Definitions

2.  In this Schedule—

“influence quantity” means the quantity that is not the measurand but that affects the result of measurement;

“measurand” means the particular quantity subject to measurement; and

“rated operating conditions” means the values for the measurand and influence quantities making up the normal working conditions of a capacity serving measure.

Allowable Errors

3.—(1) Under rated operating conditions, the error of measurement shall not exceed the maximum permissible error (MPE) value set out in paragraph 12.

(2) Unless stated otherwise, MPE is expressed as a bilateral value of the deviation from the true measurement value.

Reproducibility

4.  The application of the same measurand in a different location or by a different user, all other conditions being the same, shall result in the close agreement of successive measurements. The difference between the measurement results shall be small when compared with the MPE.

Repeatability

5.  The application of the same measurand under the same conditions of measurement shall result in the close agreement of successive measurements. The difference between the measurement results shall be small when compared with the MPE.

Durability

6.  A capacity serving measure shall be designed to maintain an adequate stability of its metrological characteristics over a period of time estimated by the manufacturer, provided that it is properly maintained and used according to the manufacturer’s instruction when in the environmental conditions for which it is intended.

Reliability

7.  A capacity serving measure shall be designed to reduce as far as possible the effect of a defect that would lead to an inaccurate measurement result, unless the presence of such a defect is obvious.

Suitability

8.—(1) A capacity serving measure shall have no feature likely to facilitate fraudulent use whereas possibilities for unintentional misuse shall be minimal.

(2) A capacity serving measure shall be robust and its materials of construction shall be suitable for the conditions in which it is intended to be used.

Information to be borne by and to accompany the capacity serving measure

9.—(1) A capacity serving measure shall bear the following inscriptions:

(a) manufacturer’s mark or name;

(b) information in respect of its accuracy;

(c) measuring capacity;

plus, when applicable:

(d) identity marking;

(e) number of the EC-type examination certificate;

(2) The units of measurement used and their symbols shall be in accordance with the provisions of Community legislation on units of measurement and their symbols.

(3) All marks and inscriptions required under any requirement shall be clear, non-erasable, unambiguous and non-transferable.

Conformity evaluation

10.  A capacity serving measure shall be designed so as to allow ready evaluation of its conformity with the appropriate requirements of these Regulations.

Reference Conditions

11.—(1) Temperature: the reference temperature for measurement of capacity is 20 °C.

(2) Position for correct indication: free standing on a level surface.

MPE

12.  MPE

Table

	Line	Brim
Transfer Measure
< 100 ml	± 2 ml	- 0 + 4 ml
≤ 100 ml	± 3 %	- 0 + 6 %
Serving measure
< 200 ml	± 5 %	- 0 + 10 %
≤ 200 ml	± 5 ml + 2.5%	- 0 + 10 ml + 5 %

Materials

13.  A capacity serving measure shall be made of material which is sufficiently rigid and dimensionally stable to maintain capacity within the MPE.

Shape

14.—(1) A transfer measure shall be designed so that a change of contents equal to the MPE causes a change in level of at least 2 mm at the brim or filling mark.

(2) A transfer measure shall be designed so that the complete discharge of the liquid being measured will not be impeded.

Marking

15.—(1) The nominal capacity declared shall be clearly and indelibly marked on the capacity serving measure.

(2) A capacity serving measure may also be marked with up to three clearly distinguishable capacities, none of which shall lead to confusion one to the other.

(3) All filling marks shall be sufficiently clear and durable to ensure that MPEs are not exceeded in use.

Regulations 2(1) and 8

SCHEDULE 2 NOTIFIED BODIES

PART 1 NOTIFIED BODY CRITERIA FOR DESIGNATION

1.  The body, its director and staff involved in conformity assessment tasks shall not be the designer, manufacturer, supplier, installer or user of the capacity serving measure that they inspect, nor the authorised representative of any of them. In addition, they may not be directly involved in the design, manufacture, marketing or maintenance of the measures, nor represent the parties engaged in these activities. The preceding criterion does not, however, preclude in any way the possibility of exchanges of technical information between the manufacturer and the body for the purposes of conformity assessment.

2.  The body, its director and staff involved in conformity assessment tasks shall be free from all pressures and inducements, in particular financial inducements, that might influence their judgement or the results of their conformity assessment, especially from persons or groups of persons with an interest in the results of the assessments.

3.  The conformity assessment shall be carried out with the highest degree of professional integrity and requisite competence in the field of metrology. Should the body sub-contract specific tasks, it shall first ensure that the sub-contractor meets the requirements of these Regulations, and in particular of this Schedule. The body shall keep the relevant documents assessing the sub-contractor’s qualifications and the work carried out by him under these Regulations at the disposal of the Secretary of State.

4.  The body shall be capable of carrying out all the conformity assessment tasks for which it has been designated, whether those tasks are carried out by the body itself or on its behalf and under its responsibility. It shall have at its disposal the necessary staff and shall have access to the necessary facilities for carrying out in a proper manner the technical and administrative tasks entailed in conformity assessment.

5.  The body’s staff shall have—

(a) sound technical and vocational training, covering all conformity assessment tasks for which the body was designated;

(b) satisfactory knowledge of the rules governing the tasks which it carries out, and adequate experience of such tasks; and

(c) the requisite ability to draw up the certificates, records and reports demonstrating that the tasks have been carried out.

6.  The impartiality of the body, its director and staff shall be guaranteed. The remuneration of the body shall not depend on the results of the tasks it carries out. The remuneration of the body’s director and staff shall not depend on the number of tasks carried out or on the results of such tasks.

7.  The body shall satisfy the Secretary of State that it has adequate civil liability insurance.

8.  The body’s director and staff shall be bound to observe professional secrecy with regard to all information obtained in the performance of their duties pursuant to these Regulations, except vis-à-vis the Secretary of State.

PART 2 FUNCTIONS

Assessment of applications for certificates or notification

9.—(1) Subject to paragraph 10, a notified body shall assess an application made by a manufacturer for the issue of—

(a) a certificate of conformity;

(b) a design or type examination certificate; or

(c) a notification of approval of the manufacturer’s quality system,

in accordance with the Annex applicable to the relevant conformity assessment procedure in respect of a capacity serving measure.

(2) In determining such an application, the notified body—

(a) shall have regard to the actual or usual environment of the capacity serving measure; and

(b) may have regard to any other standard or other technical criteria appearing to it to be relevant.

(3) Where, in the opinion of the notified body, the capacity serving measure to which an application relates is compliant with the essential requirements of these Regulations, it shall issue a certificate or notification in accordance with requirements of paragraph 12.

(4) Where, in the opinion of the notified body, the capacity serving measure to which an application relates is not compliant with the essential requirements, it shall issue a notice to the applicant in accordance with paragraph 15.

(5) Where a certificate or notification under sub-paragraph (3) is issued by a United Kingdom notified body, it shall send a copy to the Secretary of State.

Limitations on duties to exercise functions

10.—(1) A notified body shall not accept an application for a certificate or notification in respect of any capacity serving measure unless the application—

(a) is in writing, in English or another language acceptable to that notified body;

(b) is accompanied by all relevant documentation, in which all writing is in English or another language acceptable to that notified body; and

(c) includes particulars of which applicable standards the manufacturer has applied or proposes to apply in respect of the measure.

(2) A notified body shall not be required to determine an application for a certificate or notification where the manufacturer has not—

(a) granted the notified body access to a capacity serving measure to which the application relates or the production facilities for the measure (including, where applicable, the production facilities envisaged in relation to a representative measure) to the extent that the notified body reasonably requests; and

(b) made available to the notified body such information as it may reasonably require to determine the application.

(3) A notified body shall not be required to carry out the functions referred to in regulation 7(4) (d) if—

(a) the person making the application has not submitted with the application the amount of the fee which the notified body requires to be submitted with the application pursuant to regulation 11; or

(b) the notified body reasonably believes that, having regard to the number of applications made to it pursuant to its designation which are outstanding, it will be unable to commence the required work within three months of receiving the application.

Contractors

11.—(1) Subject to sub-paragraphs (2) and (3), a notified body may, in exercising its functions—

(a) arrange for some other person to carry out any test, assessment or inspection on its behalf; or

(b) require the applicant to satisfy another person with respect to any matter at the applicant’s expense.

(2) Nothing in sub-paragraph (1) authorises a notified body to rely on the opinion of another person with regard to whether a capacity serving measure is compliant with any of the essential requirements.

(3) Nothing in these Regulations shall preclude a person referred to in sub-paragraph (1)(a) or (1)(b) from charging any fee in respect of any work undertaken by him in pursuance of those sub-paragraphs.

Form of certificates and notifications

12.—(1) A certificate or notification issued by a notified body shall be in writing and, in addition to the requirements provided for in the relevant conformity assessment procedure, shall—

(a) be in English;

(b) give the name and address—

(i) of the applicant;

(ii) where the applicant is not the manufacturer, of the manufacturer;

(c) be signed by or on behalf of the notified body and give the identification number of the signatory;

(d) bear—

(i) the date of issue; and

(ii) the number of the certificate or notification;

(e) give particulars of the relevant capacity serving measure (where applicable, in relation to each variant) to which it relates sufficient to identify it, and shall state whether the measure to which it relates is a single item or a representative, or if it covers a number of variants of that measure; and

(f) certify that the capacity serving measure to which it relates is compliant with the essential requirements.

Conditions in certificates or notifications

13.—(1) A certificate or notification may be unconditional or may be subject to such conditions as the notified body considers appropriate.

(2) Such conditions may include—

(a) a limitation on the environment for which the capacity serving measure is stated to be suitable; or

(b) a limitation that the capacity serving measure is only to be installed at a specific site.

(3) The conditions imposed pursuant to sub-paragraph (1) may be varied in accordance with paragraph 15 by the notified body which issued the certificate or notification and such variation may include the imposition of new conditions or the removal of conditions.

Withdrawal of certificates or notifications

14.  The notified body which issued the certificate or notification shall withdraw that certificate or notification in accordance with paragraph 15, if it appears that the capacity serving measure to which it relates does not comply with the essential requirements.

Procedure where a notified body is minded to refuse to give, or to vary or withdraw a certificate or notification

15.—(1) Where a notified body is minded to—

(a) refuse to issue a certificate or notification;

(b) vary a certificate or notification (other than at the request of the person to whom it was given); or

(c) withdraw a certificate or notification,

it shall give the applicant, or the person to whom the certificate or notification was given, a notice in writing—

(i) giving reasons for the refusal, variation or withdrawal;

(ii) specifying the date on which the refusal, variation or withdrawal is to take effect; and

(iii) giving the applicant or person the opportunity to make representations within 21 days from the date of the notice and stating that the notified body shall consider any representations made to it within that period by that applicant or person.

(2) Where a notified body, having considered representations made to it under sub-paragraph (1), remains of the opinion that—

(a) an application for a certificate or notification should be refused; or

(b) a certificate or notification should be varied or withdrawn,

it shall inform the applicant, or the person to whom the certificate or notification was given, of that decision in writing and give that applicant or person information about the judicial remedies available to him.

(3) Where a notice is given under sub-paragraph (1) by a United Kingdom notified body, it shall send a copy to the Secretary of State.

Regulation 3(1)

SCHEDULE 3 CAPACITY SERVING MEASURES TO WHICH THESE REGULATIONS APPLY

Table

Nominal capacity
Note: The abbreviations of, and symbols for, units of measurement used in these Regulations refer to the relevant units as follows— Imperial system: pint pt Metric system: millilitre ml litre 1 Note: Imperial measures shall only be used for measuring draft beer and cider. Note: Metric measures shall be used for all other measurements with further limitations for measuring intoxicating liquor*. For limitations in respect of specific uses references should be made to the Weights and Measures (Intoxicating Liquor) Order 1988(1).
Imperial System:
1/3 pt	½ pt	1 pt	2 pt	4 pt	8 pt	16 pt
Metric System:
5 ml	10 ml	20 ml	25 ml*	35 ml*	50 ml*	70 ml*
100 ml*	125 ml	150 ml*	175 ml	200 ml	250 ml	500 ml
1 l	2 l	2.5 1	5 l	10 l	20 l

Regulation 6(2)

SCHEDULE 4 TECHNICAL DOCUMENTATION

1.  The technical documentation shall render the design, manufacture and operation of the capacity serving measure intelligible and shall permit an assessment of its conformity with the appropriate requirements of these Regulations.

2.  The technical documentation shall be sufficiently detailed to ensure—

(a) the definition of the metrological characteristics;

(b) the reproducibility of the metrological performances of produced capacity serving measures when properly adjusted using appropriate intended means; and

(c) the integrity of the capacity serving measure.

3.  The technical documentation shall include insofar as relevant for assessment and identification of the type and/or capacity serving measure—

(a) a general description of the capacity serving measure;

(b) manufacturing procedures to ensure consistent production;

(c) descriptions and explanations necessary for the understanding of sub-paragraph (b), including the operation of the capacity serving measure;

(d) a list of the relevant national standards and/or relevant normative documents applied in full or in part;

(e) descriptions of the solutions adopted to meet the essential requirements where the relevant national standards and/or relevant normative documents have not been applied;

(f) results of design calculations and examinations;

(g) the appropriate test results, where necessary, to demonstrate that the type and/or capacity serving measures comply with the requirements of these Regulations under declared rated operating conditions; and

(h) the EC-type examination certificates or EC design examination certificates in respect of capacity serving measures containing parts identical to those in the design.

4.  The manufacturer shall specify where markings have been applied.

5.  The manufacturer shall indicate the conditions for compatibility with interfaces where relevant.

Regulation 12(3)

SCHEDULE 5 MARKING AND INSCRIPTIONS

1.  The CE marking consists of the symbol “CE” according to the design laid down in paragraph I.B(d) of the Annex to Decision 93/465/EEC(2). The CE marking shall be at least 5 mm high.

2.  The M marking consists of the capital letter “M” and the last two digits of the year of its affixing, surrounded by a rectangle. The height of the rectangle shall be equal to the height of the CE marking. The M marking shall immediately follow the CE marking.

3.  The identification number of the notified body concerned shall follow the CE marking and the M Marking.

4.  When a capacity serving measure consists of a set of devices, operating together, the markings shall be affixed on the measure’s main device.

5.  When a capacity serving measure is too small or too sensitive to carry the CE marking and the M marking, the markings shall be carried by the packaging, if any, and by the accompanying documents required by these Regulations.

6.  The CE marking and the M marking shall be indelible. The identification number of the notified body concerned shall be indelible or self destructive upon removal. All markings shall be clearly visible or easily accessible.

Regulation 30

SCHEDULE 6 ADAPTATIONS FOR NORTHERN IRELAND

1.  In regulation 2(2), the reference to the Weights and Measures Act 1985(3) shall be construed as a reference to the Weights and Measures (Northern Ireland) Order 1981(4).

2.  Part III does not apply to Northern Ireland.

3.  In regulation 16—

(a) for paragraph (1), substitute the following paragraph—

“(1) The Department of Enterprise, Trade and Investment shall enforce these Regulations in Northern Ireland.”; and

(b) for paragraph (3), substitute the following paragraph—

“(3) No proceedings for an offence under these Regulations shall be instituted in Northern Ireland except by or on behalf of the Department of Enterprise, Trade and Investment or the Director of Public Prosecutions for Northern Ireland.”.

4.  In regulation 23—

(a) the reference in paragraph (3) to written information on oath shall be construed as a reference to a complaint on oath; and

(b) for paragraph (9) substitute the following paragraph—

“(9) In this regulation, “credentials” in relation to an enforcement officer, means an authenticated document showing that he is authorised to act to exercise the powers conferred on him by this regulation.”.

5.  In regulation 29(3) the reference to sub-section (1) of section 14 of the Civil Evidence Act 1968 shall be construed as a reference to sub-section (1) of section 10 of the Civil Evidence Act (Northern Ireland) 1971(5).

(1)

S.I. 1988/2039 as amending S.I. 1990/1550, S.I. 1994/1883 and S.I. 1994/2868.

(2)

OJ No. L220, 30.8.93, p.23.

(3)

1985 c. 72.

(4)

S.I. 1981/231 (N.I. 10) and see S.I. 1982/846 (N.I. 11) and S.I. 1999/283 (N.I. 1).

(5)

1971 c. 36