The Measuring Instruments (EEC Requirements) (Fees) (Amendment) Regulations 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These regulations amend the Measuring Instruments (EEC Requirements) (Fees) Regulations 2004 (“the 2004 Regulations”), which prescribe the fees to be charged in relation to certain services provided by the Secretary of State with regard to measuring instruments.

Under the 2004 Regulations, prescribed fees include a variable fee comprising an amount per officer for the time spent by that officer in providing the relevant service. Regulations 2(2) and 2(6)(a) change the basis of calculation of the variable fee in relation to services other than those relating to the approval of a manufacturer’s quality system and the carrying out of EC surveillance, so that the variable fee is calculated with reference to the type of work undertaken as opposed to the type of officer undertaking the work. There is no resultant increase in fees.

Under the 2004 Regulations, the Secretary of State estimates the amount payable for the provision of the relevant service, with the actual amount owed to the Secretary of State being invoiced on completion of that service. Regulations 2(3), (4) and (5) give the Secretary of State the additional options of requiring payment in advance or payment in instalments in the case of services relating to the grant of an EC Type-Approval Certificate, the approval of a manufacturer’s quality system and the carrying out of EC surveillance and the assessment of applications for certificates or notifications.

Under the 2004 Regulations, the variable fee includes travelling costs reasonably incurred by reason of any part of the relevant service taking place at a location other than the National Weights and Measures Laboratory (part of the National Measurement Office). Those costs vary depending on the location of the provider and the recipient of the relevant service. Regulations 2(6)(a) and (b) provide for a certification auditor day rate calculated with reference to average travelling costs incurred within Great Britain in connection with the approval of a manufacturer’s quality system. It is not possible to make a direct comparison between charging arrangements in respect of travel costs under the 2004 Regulations and the revised charging arrangements provided for by these Regulations. However, because average costs take account of fluctuations in charges under the 2004 Regulations to which all recipients of services are in practice subject, no overall increase in costs is anticipated.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.