31.—[F1(1) No discontinuous totaliser shall be tested, passed as fit for use for trade and stamped unless either—E+W+S
(a)it has been completely erected ready for use and installed at the place where it is to be used, or
(b)it has been completely erected ready for use in conditions which are in all material respects the same as those at the place where it is to be used and it is not to be dismantled before it is installed at that place.]
(2) Every discontinuous totaliser submitted for testing shall be in a clean condition.
(3) For the purposes of the performance by an inspector of his functions under the Act or these Regulations relating to inspection, testing, passing as fit for use for trade and stamping of any discontinuous totaliser, a person submitting such a machine to an inspector or who an inspector has reasonable cause to believe has control of such a machine for use for trade shall, if requested, provide for the inspector's use [F2a non-automatic weighing machine which meets the requirements of [F3paragraph 5 in Part I of Schedule 2 to these Regulations] and such material as the inspector may reasonably require; and any such machine and material so provided shall be returned to the person in question].
Textual Amendments
F1Reg. 31(1) substituted (29.4.1996) by The Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) (Amendment) Regulations 1996 (S.I. 1996/797), regs. 1, 7(a)
F2Words in reg. 31(3) substituted (29.4.1996) by The Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) (Amendment) Regulations 1996 (S.I. 1996/797), regs. 1, 7(b)
F3Words in reg. 31(3) substituted (17.3.2000) by The Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) (Amendment) Regulations 2000 (S.I. 2000/387), regs. 1, 2(4)
Commencement Information
32.—(1) The inspector shall, subject to paragraph (2) below, test a discontinuous totaliser in accordance with the provisions of Schedule 2 to these Regulations.E+W+S
(2) In the case of a machine made in accordance with a pattern in respect of which a certificate of approval is in force, being a machine for which certain of the testing provisions of Schedule 2 are not practicable or effective and which has a statement to that effect appended to the certificate of approval or the notice of examination in respect of that pattern, the machine shall, in place of the said testing provisions, be subject to any test or tests specified in the certificate of approval or the notice of examination.
32A.—(1) In relation to discontinuous totalisers imported into Great Britain from [F6a member State] or from an EEA State, subject to paragraph (4) below, an inspector shall not carry out any test in accordance with the foregoing provisions of this Part of these Regulations if, together with the discontinuous totalisers being imported, he is presented with the requisite documentation.
(2) In this regulation and in regulation 34 below—
(a)“requisite documentation” means—
(i)the test report of an approved body that the discontinuous totalisers which are the subject of that report have been tested on the same basis as those set out in this Part of these Regulations and stating which tests have been applied to them; and
(ii)the test results relating to those tests; and
(b)“EEA State” means a State which is a Contracting Party to the EEA Agreement F7...; and in this paragraph “the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.
[F8(3) A body is an “approved body” for the purposes of this regulation if it is a body in a member State or in an EEA State which has responsibility in that State for metrological control of discontinuous totalisers or is a laboratory which has been accredited for the purposes of testing discontinuous totalisers in a member State or in an EEA State as being a body which conforms with the criteria set out in BS EN ISO/IEC 17025:2000.]
(4) Nothing in these Regulations shall prevent an inspector testing in accordance with the foregoing provisions of this Part of these Regulations where he is not satisfied—
(a)as to the authenticity of the test report or the results presented to him; or
(b)that the test results presented to him are results which in fact relate to the discontinuous totalisers being imported; or
(c)that the discontinuous totalisers have not been dismantled after the tests to which the test report relates were carried out.]
Textual Amendments
F4Reg. 32A inserted (29.4.1996) by The Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) (Amendment) Regulations 1996 (S.I. 1996/797), regs. 1, 8
F5Words in reg. 32A heading substituted (31.12.2020) by The Weighing and Measuring Equipment and Meters (Amendment of Secondary Legislation) (EU Exit) Regulations 2018 (S.I. 2018/1387), reg. 1(2), Sch. para. 3(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in reg. 32A(1) substituted (31.12.2020) by The Weighing and Measuring Equipment and Meters (Amendment of Secondary Legislation) (EU Exit) Regulations 2018 (S.I. 2018/1387), reg. 1(2), Sch. para. 3(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in reg. 32A(2)(b) omitted (31.12.2020) by virtue of The Weighing and Measuring Equipment and Meters (Amendment of Secondary Legislation) (EU Exit) Regulations 2018 (S.I. 2018/1387), reg. 1(2), Sch. para. 3(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
F8Reg. 32A(3) substituted (28.2.2003) by The Weights and Measures (Standards Amendment)Regulations 2003 (S.I. 2003/214), reg. 1, Sch. para. 2(ii)