The Non-automatic Weighing Instruments Regulations 2016

[F1 Further use of UK marking E+W+S

32C.— (1) In this regulation—

(a) any reference to an Article or an Annex is a reference to an Article or an Annex of the Directive;

(b) “harmonised standard” has the meaning given to it in Article 2(11).

(2) Paragraph (3) applies where, before placing a non-automatic weighing instrument on the market, a manufacturer—

(a) ensures that the non-automatic weighing instrument has been designed and manufactured in accordance with the essential requirements set out in Annex I;

(b) ensures that the relevant conformity assessment procedures that apply to that non-automatic weighing instrument in accordance with Article 13 have been carried out;

(c) draws up the technical documentation referred to in Annex II; and

(d) ensures that the technical documentation and other records and correspondence relating to the conformity assessment procedures are prepared in or translated into English.

(3) Where this paragraph applies—

(a) regulation 6(1)(a) to (c) is to be treated as being satisfied;

(b) regulations 34 to 36 and 45(5) and (6) do not apply;

(c) regulations 8, 14, 16(2)(a) and (b), 17, 20, 23, 28, 29, 44, 55, 58(4), 63 and 72 apply subject to the modifications in paragraph (4);

(d) regulation 40 and Schedule 9 apply subject to the modifications in paragraphs (4) and (5);

(e) regulations 41, 45(7), 67, 68 and 71 are to be read subject to the modifications in paragraph (5).

(4) The modifications referred to in paragraph (3)(c) and (d) are that—

(a) any reference to “essential requirements” is to be read as a reference to the essential requirements as set out in Annex I;

(b) any reference to “designated standard” is to be read as a reference to a harmonised standard;

(c) any reference to “conformity assessment procedure” is to be read as a reference to the applicable conformity assessment procedure as set out in Article 13;

(d) any reference to “technical documentation” is to be read as a reference to the technical documentation referred to in Annex II.

(5) The modifications referred to in paragraph (3)(d) and (e) are that—

(a) in regulation 40 the reference to “Schedule 7” is to be read as a reference to Annex II;

(b) in regulation 41 the reference to “enactment” is to be read as including the Directive;

(c) regulation 45(7) is to be read as if the words beginning with “and” and ending with “body” were omitted;

(d) in regulations 67(2)(b) and 68(4)(b) any reference to “type examination certificate” is to be read as a reference to an EU type-examination certificate issued in accordance with the conformity assessment procedure set out in point 1 of Annex II to the Directive, known as “Module B”;

(e) in regulation 71 and Schedule 9 any reference to “approved body” is to be read as a reference to the conformity assessment body that undertook the relevant conformity assessment procedure in accordance with Article 13;

(f) in Schedule 9 the reference to “relevant UK legislation” is to be read as including the Directive.]

Textual Amendments

F1 Reg. 32C substituted (1.10.2024) by The Product Safety and Metrology etc. (Amendment) Regulations 2024 (S.I. 2024/696), regs. 1(2), 17(4) (with reg. 23)