The Non-automatic Weighing Instruments Regulations 2016

Compliance notice procedureE+W+S

This section has no associated Explanatory Memorandum

63.—(1) This regulation applies where a competent authority has reasonable grounds for considering that one or more of the following breaches applies in relation to a regulated non-automatic weighing instrument that has been placed on the market—

(a)the [F1UK] marking or the M marking has been affixed in violation of [F2regulation 44 or regulation 45];

(b)the [F3UK] marking or the M marking has not been affixed;

(c)the identification number of the [F4approved] body, where the body is involved in the production control phase has—

(i)been affixed otherwise than in accordance with the requirements of these Regulations; or

(ii)not been affixed;

(d)the F5... declaration of conformity has not been drawn up correctly;

(e)the technical documentation is either not available or is not complete;

(f)the information referred to in regulation 10 (manufacturers to mark contact details on regulated non-automatic weighing instruments) or regulation 18 (requirements to mark importers' details on regulated non-automatic weighing instruments) is absent, false or incomplete; or

(g)any other failure—

(i)by a manufacturer to comply with the requirements of Chapter 1 of Part 2; or

(ii)by an importer to comply with the requirements of Chapter 2 of Part 2.

(2) The competent authority may serve a notice in writing (“a compliance notice”) on the economic operator it considers is responsible for the breach which must—

(a)describe the regulated non-automatic weighing instrument to which it relates in a manner sufficient to identify that instrument;

(b)specify which of the circumstances in paragraph (1) applies in relation to the regulated non-automatic weighing instrument;

(c)require the economic operator on whom the notice is served to take steps specified in the notice to remedy the matters referred to in sub-paragraph (b);

(d)specify the date, being not less than 21 days from the date of the notice, by which the steps specified in it must be taken; and

(e)warn that person that, where the non-conformity continues beyond the date specified in sub-paragraph (d), the competent authority may take further action under regulation 64 (enforcement notice procedure) in respect of that regulated non-automatic weighing instrument.

(3) Where a compliance notice is served by a competent authority other than the Secretary of State, it must, at the same time as it serves that notice, send a copy to the Secretary of State.

Extent Information

E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

Compliance notice procedureN.I.

63.—(1) This regulation applies where a competent authority has reasonable grounds for considering that one or more of the following breaches applies in relation to a regulated non-automatic weighing instrument that has been placed on the market—

(a)the CE marking or the M marking has been affixed in violation of Article 30 of the RAMS Regulation or the requirements of these Regulations;

(b)the CE marking or the M marking has not been affixed;

(c)the identification number of the notified body, where the body is involved in the production control phase has—

(i)been affixed otherwise than in accordance with the requirements of these Regulations; or

(ii)not been affixed;

[F6(ca)the UK(NI) indication—

(i)has not been affixed, in contravention of regulation 45A; or

(ii)has been affixed other than in accordance with regulation 45A;]

(d)the EU declaration of conformity has not been drawn up correctly;

(e)the technical documentation is either not available or is not complete;

(f)the information referred to in regulation 10 (manufacturers to mark contact details on regulated non-automatic weighing instruments) or regulation 18 (requirements to mark importers' details on regulated non-automatic weighing instruments) is absent, false or incomplete; or

(g)any other failure—

(i)by a manufacturer to comply with the requirements of Chapter 1 of Part 2; or

(ii)by an importer to comply with the requirements of Chapter 2 of Part 2.

(2) The competent authority may serve a notice in writing (“a compliance notice”) on the economic operator it considers is responsible for the breach which must—

(a)describe the regulated non-automatic weighing instrument to which it relates in a manner sufficient to identify that instrument;

(b)specify which of the circumstances in paragraph (1) applies in relation to the regulated non-automatic weighing instrument;

(c)require the economic operator on whom the notice is served to take steps specified in the notice to remedy the matters referred to in sub-paragraph (b);

(d)specify the date, being not less than 21 days from the date of the notice, by which the steps specified in it must be taken; and

(e)warn that person that, where the non-conformity continues beyond the date specified in sub-paragraph (d), the competent authority may take further action under regulation 64 (enforcement notice procedure) in respect of that regulated non-automatic weighing instrument.

(3) Where a compliance notice is served by a competent authority other than the Secretary of State, it must, at the same time as it serves that notice, send a copy to the Secretary of State.

Extent Information

E2This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments