The Weighing Equipment (Filling and Discontinuous Totalisting Automatic Weighing Machines) Regulations 1986

PART IV E+W+S DISCONTINUOUS TOTALISERS

Principles of construction and marking E+W+S

24.— [F1 (1)] Where a discontinuous totaliser in provided with a visual indication of the weight of individual quantities of material, the machine may, for test purposes only, be constructed so that— E+W+S

(a) on manual command, the automatic processing of material is interrupted prior to the filling stage and the discharge stage, and

(b) the weight display scale is further subdivided.

[F2 (2) In the case of every discontinuous totaliser first passed as fit for use for trade on or after 29th April 1996, the totalisation scale interval shall fall within the range 0.01% to 0.2% of the maximum capacity.]

Textual Amendments

F1 Reg. 24 renumbered as reg. 24(1) (29.4.1996) by The Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) (Amendment) Regulations 1996 (S.I. 1996/797), regs. 1, 4

F2 Reg. 24(2) inserted (29.4.1996) by The Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) (Amendment) Regulations 1996 (S.I. 1996/797), regs. 1, 4

Commencement Information

I1 Reg. 24 in force at 1.9.1986, see reg. 1

25.  Every discontinuous totaliser passed as fit for use for trade on or after the date of coming into operation of these Regulations shall be legibly and durably marked, in addition to the markings required by Regulation 11 above, with:— E+W+S

[F3 (a) its Class;

(b) the maximum capacity of the load receptor;

(c) the minimum load for automatic operation;

(d) the minimum totalised load; and

(e) the totalisation scale interval.]

Textual Amendments

F3 Regs. 25(a)-(e) substituted (29.4.1996) by The Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) (Amendment) Regulations 1996 (S.I. 1996/797), regs. 1, 5

Commencement Information

I2 Reg. 25 in force at 1.9.1986, see reg. 1

Manner of erection and use for trade E+W+S

26.—(1) Every discontinuous totaliser shall be erected in such a way that it is possible to test it in situ, including in particular the depositing on and removal from every load receptor of test loads in a reliable and easy manner, without disrupting the normal operation of the machine. E+W+S

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Nothing in [F5 paragraph (1)] above shall apply to any discontinuous totaliser first passed at fit for use for trade before 1st January 1988.

Textual Amendments

F4 Reg. 26(2)(3) omitted (29.4.1996) by virtue of The Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) (Amendment) Regulations 1996 (S.I. 1996/797), regs. 1, 6(a)

F5 Words in reg. 26(4) substituted (29.4.1996) by The Weighing Equipment (Filling and Discontinuous Totalising Automatic Weighing Machines) (Amendment) Regulations 1996 (S.I. 1996/797), regs. 1, 6(b)

Commencement Information

I3 Reg. 26 in force at 1.9.1986, see reg. 1

27.  No person shall use a discontinuous totaliser for trade in such a manner as to cause— E+W+S

(a) spillage of material from a load receptor; or

(b) loading of the weighing unit above its maximum capacity.

Commencement Information

I4 Reg. 27 in force at 1.9.1986, see reg. 1

28.—(1) Subject to paragraph (3) below, every discontinuous totaliser having either a non-automatic zero-setting device or a semi-automatic zero setting device shall be erected in such a manner that the operator can, notwithstanding the nature of the machine or its surroundings, readily take up a single position from which he can:— E+W+S

(a) check the zero or given point indication, and

(b) operate the zero or given point setting controls.

(2) Subject to paragraph (3) below, every discontinuous totaliser shall be erected in such a manner that access is provided to facilitate the cleaning of the interior of every load receptor.

(3) Nothing in paragraphs (1) and (2) above shall apply to any discontinuous totaliser first passed as fit for use for trade before 1st January 1988.

Commencement Information

I5 Reg. 28 in force at 1.9.1986, see reg. 1

29.  Where a discontinuous totaliser is fitted with a weight printing device, the machine shall be so erected and used that the printing device, when used, produces a clear and indelible printout for all loads and with the same scale interval as the relevant indicator. E+W+S

Commencement Information

I6 Reg. 29 in force at 1.9.1986, see reg. 1

30.  Where a discontinuous totaliser is marked with a temperature range, no person shall use the machine for trade in temperatures, outside that range. E+W+S

Commencement Information

I7 Reg. 30 in force at 1.9.1986, see reg. 1

Testing E+W+S

31.— [F6 (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 [F7 a non-automatic weighing machine which meets the requirements of [F8 paragraph 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

F6 Reg. 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)

F7 Words 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)

F8 Words 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

I8 Reg. 31 in force at 1.9.1986, see reg. 1

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.

Commencement Information

I9 Reg. 32 in force at 1.9.1986, see reg. 1

[F9 Discontinuous totalisers imported from [F10 a member State] or an EEA State E+W+S

32A.— (1) In relation to discontinuous totalisers imported into Great Britain from [F11 a 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 F12 ...; 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.

[F13 (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

F9 Reg. 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

F10 Words 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)

F11 Words 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)

F12 Words 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)

F13 Reg. 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)