The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019

Amendment to Schedule 3 E+W+S

50.  In Schedule 3 (revocations and transitional and consequential provisions)—

(a) after paragraph 2, insert—

“Transitional provisions relating to UK withdrawal from the EU

2A.— (1) In this regulation—

“pre-exit period” means the period beginning with the commencement date and ending immediately before [F1 IP completion day];

(2) Subject to paragraph (3), where a regulated measuring instrument was made available on the market during the pre-exit period, despite the amendments made by Schedule 27 of the Product Safety and Metrology (Amendment etc.) (EU Exit) Regulations 2019 M1 , any obligation to which a person was subject under these Regulations as they had effect immediately before [F1 IP completion day], continues to have effect as it did immediately before [F1 IP completion day], in relation to that regulated measuring instrument.

(3) Paragraph (2) does not apply to—

(a) any obligation of any competent authority to inform the European Commission or Member States of any matter; or

(b) any obligation to take action outside of the United Kingdom in respect of that regulated measuring instrument.

(4) Where during the pre-exit period—

(a) a regulated measuring instrument has not been placed on the market; and

(b) a manufacturer has taken any action under regulation 39 as it had effect immediately before [F1 IP completion day] in relation to that regulated measuring instrument,

that action has effect as if it had been done under regulation 39 as it had effect on and after [F1 IP completion day].”

(b) in paragraph 4—

(i) in sub-paragraphs (4)(a), (4)(b), (6)(c)(i) and (6)(c)(ii), for “Annex IV to the Directive”, substitute “ Schedule 1D to the Measuring Instruments Regulations 2016 M2 ” in each place it occurs;

(ii) in sub-paragraphs (4)(b), (6)(c)(i) and (6)(c)(ii), for “Annex IV”, substitute “ Schedule 1D to the Measuring Instruments Regulations 2016 ”;

(c) in paragraph 5—

(i) in sub-paragraphs (4)(a) and (4)(b) for “Annex IV to the Directive”, substitute “ Schedule 1D to the Measuring Instruments Regulations 2016 ” in each place it occurs;

(ii) in sub-paragraphs (4)(a) and (4)(b), for “Annex IV”, substitute “ Schedule 1D to the Measuring Instruments Regulations 2016 ” in each place it occurs;

(d) in paragraphs 6 and 7, for “Annex V to the Directive”, substitute “ Schedule 1E of the Measuring Instruments Regulations 2016 ” in each place it occurs.

Textual Amendments

F1 Words in Sch. 27 para. 50(a) substituted (31.12.2020 immediately before IP completion day) by The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/852), regs. 2(2), 4(2), Sch. 1 para. 1(p)(v)

Commencement Information

I1 Sch. 27 para. 50 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 S.I. 2019/696.

M2 S.I. 2016/1153.