The Non-automatic Weighing Instruments Regulations 2016

Revocations and transitional and consequential provisions U.K.

4.—(1) The Non-automatic Weighing Instruments Regulations 2000 M1 and the Non-automatic Weighing Instruments (Amendment) Regulations 2008 M2 are revoked.

(2) In this regulation, “the former law” means the Regulations referred to in paragraph (1) [F1 subject to the modifications made in paragraph (3A)].

(3) This paragraph applies to a regulated non-automatic weighing instrument placed on the market before the commencement date which was required by any provision of the former law to meet the essential requirements.

[F2 (3A) The modifications referred to in paragraph (2) are as follows—

(a) in the Non-automatic Weighing Instruments Regulations 2000 and the Non-automatic Weighing Instruments (Amendment) Regulations 2008—

(i) any reference to “the Community” is to be read as including the United Kingdom;

(ii) references to “member State” is to be read as including the United Kingdom;

(b) in the Non-automatic Weighing Instruments Regulations 2000—

(i) omit regulation 10(14);

(ii) in regulations 25(6)(a)(i) and 25(7)(a) for “; and” substitute “ . ”; and

(iii) omit regulations 25(6)(a)(ii), 25(6)(b) and 25(7)(b).]

(4) A regulated non-automatic weighing instrument to which paragraph (3) applies which meets the requirements of the former law applicable to it is to be treated as meeting the requirements of these Regulations.

(5) Where a regulated non-automatic weighing instrument to which paragraph (3) applies does not meet the requirements of the former law, these Regulations apply to that instrument as they apply to a regulated instrument placed on the market or put into service after the commencement date which does not comply with the requirements of these Regulations.

(6) Part 7 (use for trade of regulated non-automatic weighing instruments for the purposes listed in regulation 3(2)) applies to regulated non-automatic weighing instruments to which paragraph (3) applies as it applies to a regulated instrument placed on the market or put into service after the commencement date.

(7) A certificate granted under any provision of the former law has effect as if granted under the corresponding provision of these Regulations.

(8) In the list in paragraph 10 in Schedule 5 to the Consumer Rights Act 2015 M3 , insert at the appropriate place the following entry—

“regulation 62 of the Non-automatic Weighing Instruments Regulations 2016 (S.I. 2016/1152)”.

(9) In the table in paragraph 11 of Schedule 5 to the Consumer Rights Act 2015, omit the entry relating to the Non-automatic Weighing Instruments Regulations 2000.

(10) An application to be a recognised as a notified body which is made before the commencement date is to be treated as having been made under these Regulations if it meets the requirements of these Regulations.

(11) Except in a case where paragraph (10) applies, a requirement of these Regulations (“the relevant requirement”) is to be treated as having been satisfied by anything done on or after 20th April 2016 but before the commencement date where that thing—

(a) was done for the purposes of complying with a requirement of the Directive; and

(b) if it had been done on or after the commencement date it would have met the relevant requirement.

Textual Amendments

F1 Words in reg. 4(2) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 4(a) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Reg. 4(3A) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 26 para. 4(b) (with Sch. 26 para. 5) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 S.I. 2000/3236.

M2 S.I. 2008/738.

M3 2015 c.15.