The Measuring Equipment (Liquid Fuel and Lubricants) Regulations 1995

Lawful use for trade of equipment where stamps destroyed, obliterated or defaced—adaptation for metric quantities

26.—(1) It shall be lawful to destroy, obliterate or deface a stamp on any measuring equipment, and it shall not be a contravention of section 11(2) of the Act to use such equipment for trade during the relevant period by reason only that a stamp on it has been lawfully destroyed, obliterated or defaced (such destruction, obliteration or defacement being in this regulation referred to as “the occurrence”) if—

(a) the person responsible for the occurrence is, or is the duly authorised agent of, a person who is the manufacturer, or is regularly engaged in the repair, of equipment for measuring liquid fuel;

(b) the occurrence was only to facilitate or permit the adaptation of the equipment to measure in metric quantities;

(c) where the occurrence relates to the stamp on the measuring equipment protecting the calibration of the measuring device, the person responsible for the occurrence has attached to the equipment some seal or other device which must be defaced or removed before the calibration of the measuring device can be adjusted; and

(d) notification in writing complying with paragraph (2) below of the occurrence has been given by the proprietor of the equipment or his duly authorised agent before the occurrence to the chief inspector of weights and measures for the area in which the equipment is situated.

(2) The notification referred to in paragraph (1) above shall contain the following information—

(a) the location of, and particulars by which, the equipment may be identified;

(b) the intended date of the occurrence;

(c) the business name and address of the person referred to in paragraph (1)(a) above;

(d) the name and address of the person giving the notification; and

(e) whether the occurrence is of a type mentioned in paragraph (3)(a) or (3)(b) below.

(3) In paragraph (1) above, “relevant period” means—

(a) where the stamp on the measuring equipment protecting the calibration of the measuring device remains intact and notification of the fact that some other stamp has been destroyed, obliterated or defaced has been given in accordance with that paragraph, a period of 28 days beginning when notification is so given; or

(b) where the stamp on the measuring equipment protecting the calibration of the measuring device has been destroyed, obliterated or defaced and notification of the destruction, obliteration or defacement of that stamp has been given in accordance with that paragraph, a period of 5 days beginning when notification is so given.