42.—(1) Subject to paragraphs (2) and (3), an inspector shall obliterate the stamp on any non-automatic weighing machine which—
(a)fails upon testing to fall within the prescribed limits of error in relation to obliteration of the stamp; or
(b)fails to comply with any other appropriate requirement of these Regulations.
(2) Except as provided by regulation 43, where any non-automatic weighing machine does not fully comply with the requirements of these Regulations, but the nature or degree of the non-compliance is not, in the inspector’s opinion, such as to require the immediate obliteration of the stamp, he shall give to the proprietor or any person in control of the machine a notice calling on him to have the machine corrected within a stated period not exceeding 28 days, and shall obliterate the stamp if the correction has not been made within the stated period.
(3) Notwithstanding paragraph (1)(a), in so far as concerns errors over the first part of the range, a non-automatic weighing machine (other than a self or semi-self indicating graduated machine with an analogue indicating device) which was first passed as fit for use for trade before 1st August 1991 may remain in use provided that the error in excess or deficiency over the first part of the range is within or equal to two verification scale intervals.