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The Non-automatic Weighing Instruments (EEC Requirements) Regulations 1995

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Use and supply of instruments

4.—(1) No person shall—

(a)use any instrument for any Schedule 3 application; or

(b)have any instrument in his possession for such use,

unless the requirements of regulation 5, or the corresponding requirements of the Directive as implemented in the law of a member State other than the United Kingdom, are satisfied.

(2) No person shall supply any instrument for use otherwise than for Schedule 3 applications unless the requirements of regulation 6, or the corresponding requirements of the Directive as implemented in the law of a member State other than the United Kingdom, are satisfied.

(3) Any person who fails to comply with—

(a)the provisions of paragraph (1) above shall be guilty of an offence and any instrument to which the offence relates shall be liable to be forfeited;

(b)the provisions of paragraph (2) above shall be guilty of an offence.

(4) Without prejudice to the liability of any instrument to be forfeited, it shall be a defence for any person charged with an offence under paragraph (3)(a) above to show—

(a)that he used the instrument only in the course of his employment by some other person; and

(b)that he neither knew, nor might reasonably have been expected to know, nor had any reason to suspect, that the requirements referred to in paragraph (1) or paragraph (2) above, as the case may be, or the corresponding requirements of the Directive as implemented in the law of a member State other than the United Kingdom, were not satisfied in relation to the instrument.

(5) If any fraud is committed in the using of an instrument for a Schedule 3 application, the person committing the fraud and any other person party to it shall be guilty of an offence and the instrument shall be liable to be forfeited.

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