The Measuring Instruments (Cold-water Meters) Regulations 2006

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. L135, 30.4.04, p.1) (“the Directive”) in relation to cold-water meters.

Part I provides that these Regulations apply, with certain exceptions, to cold-water meters which are first placed on the market or put into use on or after the 30th October 2006, for use for trade for the supply of cold water to domestic premises.

Part II deals with the requirements for placing on the market and putting into use. These are that cold-water meters are compliant with the essential requirements, that the manufacturers have demonstrated such compliance with the essential requirements and that cold-water meters 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 under regulation 4(2) to place on the market or put into use a cold-water meter without complying with the requirements of regulation 4(1). 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 eligibility and designation of persons as notified bodies and with the administrative procedures relating to their appointment, functions and fees. Requirements relating to the marking of cold-water meters are set out in regulation 12 and Schedule 4. Regulation 13 provides for a presumption of conformity of a cold-water meter with other applicable directives conferred by the CE marking.

Part III of these Regulations deals with requirements relating to the use for trade of cold-water meters (regulations 12 to 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 be 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 regulation 19 (immediate enforcement action) confer powers on the enforcement authorities to take action in respect of non-compliant cold-water meters. 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 cold-water meters and it is an offence to use a cold-water meter which has been disqualified unless it has been re-qualified in accordance with regulation 22. Regulation 23 provides for the testing of cold-water meters by an inspector otherwise than for the purposes of re-qualification.

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 these Regulations is provided for in regulation 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 the application of the Regulations 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 OJZ 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.