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3.—(1) Subject to paragraphs (2) and (3), these Regulations apply to a capacity serving measure described in Schedule 3 which is —
(a)for use for trade; and
(b)first placed on the market or put into use on or after 30th October 2006.
(2) These Regulations do not apply to a capacity serving measure which has been first passed as fit for use for trade and stamped before 30th October 2006 under the Capacity Serving Measures (Intoxicating Liquor) Regulations 1988(1) or the Measuring Equipment (Capacity Measures and Testing Equipment) Regulations 1995(2) and placed on the market before that date.
(3) These Regulations do not apply to a capacity serving measure which is not compliant with the essential requirements and which is displayed or presented at a trade fair, exhibition or demonstration, if a sign displayed visibly on or near the measure clearly indicates that the measure—
(a)is not compliant with those requirements; and
(b)cannot be acquired or used until it is made compliant with those requirements by the manufacturer.
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