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 (O.J. No. L135, 30.4.04, p.1) (“the Directive”) in relation to active electrical energy meters.
Part 1 provides that these Regulations apply, with certain exceptions, to active electrical energy meters for use for trade which are first placed on the market or put into use on or after the 30th October 2006.
Part 2 deals with the requirements for placing on the market and putting into use. These are that active electrical energy meters are compliant with the essential requirements; that the manufacturer has demonstrated such compliance with the essential requirements; that the meters have the CE marking, the M marking and the identification number of the relevant notified body affixed to them; and that the meters are put into use in the manner set out in Part 2 of Schedule 1 (regulation 4(1)). It is an offence under regulation 4(2) to place on the market and put into use an active electrical energy meter without complying with the requirements of regulation 4(1)(a) to (c); and non-compliance with the requirements of regulation 4(1)(d) would mean the meter would lose the protection afforded by regulations 28 and 29 for meters which are put into use in accordance with the Regulations. The essential requirements are set out Part 1 of 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 the administrative procedures relating to their appointment, functions and fees. Requirements relating to the marking of active electrical energy meters are set out in regulation 12 and Schedule 4. Regulation 13 provides for a presumption of conformity of an active electrical energy meter with other applicable directives conferred by the CE marking.
Part 3 deals with enforcement of these Regulations. Regulation 14 provides that the Regulations shall be enforced by the Gas and Electricity Markets Authority (“GEMA”) in relation to England, Wales and Scotland, and the Northern Ireland Authority for Energy Regulation (“NIAER”) in relation to Northern Ireland. These bodies may appoint other persons to act on their behalf. Regulation 15 details the offences relating to the unauthorised application of authorised marks. Regulation 16 (compliance notice procedure) and regulation 17 (immediate enforcement action) confer powers on the enforcement authorities to take action in respect of non-compliant active electrical energy meters. Regulation 18 provides powers of entry and inspection for enforcement officers. Regulation 19 provides for offences relating to the obstruction of an enforcement officer. Regulation 20 permits a review by GEMA or NIAER of notices issued by other enforcement authorities under regulations 16 and 17. A person guilty of an offence under the Regulations is liable on summary conviction to a fine not exceeding level 5 on the standard scale (which is currently £5,000) (regulation 21). A defence of due diligence in relation to any offence under these Regulations is provided for in regulation 22 and the liability of persons other than the principal offender is set out in regulation 23.
Part 4 (regulations 24 to 29) deals with miscellaneous matters including the application of the Regulations to Northern Ireland to the extent set out in Schedule 5 (regulation 24). Regulation 25 empowers GEMA and NIAER to enter into arrangements for GEMA to act on behalf of NIAER as respects the carrying out of functions under the Regulations. Regulations 28 and 29 make consequential amendments to the existing legislation governing active electrical energy meters.
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 (O.J. No. L204, 21.7.98, p.37), as amended by Directive 98/48/EC of the European Parliament and of the Council (O.J. 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 0JZ 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 into United Kingdom law 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.