The Measuring Instruments (Capacity Serving Measures) Regulations 2006

Disqualification

This section has no associated Explanatory Memorandum

20.—(1) If it appears to an inspector that a capacity serving measure which bears—

(a)the CE marking;

(b)the M marking; and

(c)the identification number of the notified body which carried out the conformity assessment procedure in respect of the capacity serving measure,

is used for trade in circumstances where—

(i)the measure is no longer compliant with one or more of the requirements of regulation 14; or

(ii)by reason of any adjustment, alteration, addition, repair or replacement it is likely that the measure has ceased to be compliant with one or more of the requirements of regulation 14,

the inspector may affix a disqualification sticker to the capacity serving measure.

(2) Where one or more of the markings and identification requirements referred to in paragraph (1) is not affixed to a capacity serving measure, the inspector may affix a disqualification sticker to the measure.

(3) Where it appears to the inspector that the nature or degree of non-compliance of the capacity serving measure under paragraph (1) is not such that a disqualification sticker should be immediately affixed to it, he may give to any person in possession of the measure a notice requiring that person to rectify the non-compliance before the expiry of a stated period not less than 14 days and not exceeding 28 days from the date of the notice.

(4) If a notice given under paragraph (3) is not complied with, the inspector shall affix a disqualification sticker to the capacity serving measure.

(5) A disqualification sticker which is affixed to a capacity serving measure shall be affixed in such a position that it is clearly visible when the measure is in use.

(6) A person shall be guilty of an offence if he uses for trade a capacity serving measure to which there is affixed a disqualification sticker, unless a re-qualification sticker has been affixed to the measure in accordance with regulation 21.