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3.—(1) Subject to paragraph (2) below, these Regulations apply to any instrument.
(2) These Regulations do not apply to—
(a)an instrument—
(i)in respect of a pattern of which EEC pattern approval is granted or extended before 1st January 1993 under the Measuring Instruments (EEC Require-ments) Regulations 1988(1) or by any member State other than the United Kingdom and which is in force, and
(ii)which bears a mark of EEC initial verification or of EEC partial verification which is first affixed before 1st January 2003 under the Regulations mentioned in head (i) above or by any member State other than the United Kingdom; or
(b)an instrument which—
(i)does not require EEC pattern approval, and
(ii)bears a mark of EEC initial verification or of EEC partial verification which is first affixed before 1st January 2003 under the Regulations mentioned in sub-paragraph (a)(i) above or by any member State other than the United Kingdom; or
(c)an instrument—
(i)in respect of a pattern of which pattern approval is granted or extended under section 12 of the 1985 Act and which is in force; and
(ii)which is first passed as fit for use for trade and stamped before 1st January 2003 under the Weighing Equipment (Non-automatic Weighing Machines) Regulations 1988(2); or
(d)an instrument which—
(i)does not require pattern approval, and
(ii)is first passed as fit for use for trade and stamped before 4th April 1989 under the Regulations mentioned in sub-paragraph (c)
(ii)above; or
(e)an instrument—
(i)to which none of the foregoing provisions of this paragraph applies, and
(ii)which does not comply with regulation 5 or with regulation 6, as the case may require, and
(iii)which is first taken into service before 1st January 2003.
(3) For the avoidance of doubt it is hereby declared that the 1985 Act (save for the purposes of Part III) and the Measuring Instruments (EEC Requirements) Regulations 1988(3) continue to apply to instruments to which these Regulations do not apply by virtue of paragraph (2) above.
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