3.—(1) Subject to paragraphs (2) to (4) below, these Regulations apply to all non-automatic weighing machines for use for trade, and such machines are hereby prescribed for the purposes of section 11(1) of the Act.
(2) Nothing in these Regulations shall apply to any non-automatic weighing machine of the following descriptions:—
(a)counting machines without weight indicating or weight printing devices and which are for use only for counting the number of articles;
(b)machines for use only for weighing coins or currency notes for the purpose of determining their number;
(c)machines for use for grading by reference to their weight for the purpose of trading transactions by reference to that grading, of hens' eggs in shell which are intended for human consumption;
(d)machines for use only for weighing paint (other than paste paint);
(e)machines for use only as vehicle check weighing machines and bearing a conspicuous notice to that effect;
(f)machines for use only for making up packages if, and only if, the packages are subsequently checked in accordance with section 49(1)(b) of the Act;
(g)machines specified in paragraph 7 of Schedule 4 to the Weights and Measures (Packaged Goods) Regulations 1986(1) for use only in checking packages in accordance with section 49(1)(b) or (2)(a) of the Act;
(h)machines used for weighing persons which are made available for use by the public, whether on payment or otherwise;
(i)customer check weighing machines, that is to say, non-automatic weighing machines which, in accordance with section 7(4)(a) of the Act are made available for use for trade by prospective buyers of goods so that they may check the weight of the goods before purchasing them;
[F1(j)subject to paragraph (6) below, automatic catchweight weighing machines of accuracy classification Class III or Class IIII;]
and in this paragraph “packages” means packages as defined in section 68(1) of the Act.
(3) Other than regulations 4 and 23 to 31 below, nothing in these Regulations shall apply to any non-automatic weighing machine which bears the mark of EEC initial verification.
(4) Other than regulations 4(4), 23, 24 and 31, nothing in these Regulations shall apply to any weighing machine with counting facilities which:
(a)has been in use for trade solely for counting before 1st November 1988; and
(b)bears the legends:
“Not to be used for weighing for trade” and “Not to be used for direct trade with the public”; and
(c)has not been passed as fit for use for trade and stamped.
(5) Nothing in these Regulations shall apply to any non-automatic weighing machine which is an “instrument” to which the [F2Non-automatic Weighing Instruments Regulations 2000] apply.
[F3(6) Notwithstanding paragraph (2)(j), these Regulations shall apply to automatic catchweight weighing machines of accuracy classification Class III or Class IIII which, within a period of 10 years from the date on which the Weighing Equipment (Automatic Catchweighing Instruments) Regulations 2003 came into force, are first passed as fit for use for trade for the purposes of these Regulations.]
Textual Amendments
F1Reg. 3(2)(j) inserted (3.3.2004) by The Weighing Equipment (Automatic Catchweighing Instruments) Regulations 2003 (S.I. 2003/2761), regs. 1, 17(1)(a) (with regs. 3, 4)
F2Words in reg. 3(5) substituted (1.1.2001) by The Non-automatic Weighing Instruments Regulations 2000 (S.I. 2000/3236), regs. 1(1), 44(4)
F3Reg. 3(6) inserted (3.3.2004) by The Weighing Equipment (Automatic Catchweighing Instruments) Regulations 2003 (S.I. 2003/2761), regs. 1, 17(1)(b) (with regs. 3, 4)
Commencement Information