33C.—(1) Subject to [F2paragraphs (2) and (6)], regulation 33A ceases to have effect at the end of the period of [F3four years] beginning with IP completion day.
(2) Notwithstanding the expiry of regulation 33A—
(a)any regulated measuring instrument which was placed on the market pursuant to regulation 33A may continue to be made available on the market on or after the expiry of regulation 33A;
(b)any obligation to which a person was subject under regulation 33A in respect of any regulated measuring instrument placed on the market pursuant to regulation 33A continues to have effect after the expiry of regulation 33A, in respect of that instrument.
(3) Subject to [F4paragraphs (4) and (6)], regulation 33B ceases to have effect at the end of the period of [F5four years] beginning with IP completion day.
(4) Where a conformity assessment procedure has been completed pursuant to regulation 33B in relation to a regulated measuring instrument prior to the expiry of regulation 33B, regulation 33B continues to apply in respect of that instrument where—
(a)the manufacturer arranges for the EU-Type examination certificate and any annexes to be transferred to an approved body;
(b)the approved body referred to in sub-paragraph (a) accepts responsibility for the EU-Type examination certificate; and
(c)the approved body issues a Type-examination certificate relying, or relying in part, on any examinations or tests undertaken prior to the issue of the EU-Type examination certificate.
(5) In paragraph (4) “EU-Type examination certificate” has the meaning given to it in regulation 33B(1)(c).]
[F6(6) Regulations 72 and 73 continue to have effect in relation to any regulated measuring instrument—
(a)placed on the market pursuant to 33A; or
(b)in relation to which a manufacturer has undertaken a conformity assessment procedure in accordance with regulation 33B,
as if regulations 32A or 33B had not expired.]
Textual Amendments
F1Regs. 33A-33D inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 27 para. 18 (with Sch. 27 para. 50(a)) (as amended by S.I. 2020/676, regs. 1(1), 2 and The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(4), Sch. 3 para. 19(4)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in reg. 33C(1) substituted (E.W.S) (9.12.2021) by The Product Safety and Metrology etc. (Amendment) Regulations 2021 (S.I. 2021/1273), regs. 1, 12(3)(a)
F3Words in reg. 33C(1) substituted (E.W.S.) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 2, Sch. 1 para. (q)
F4Words in reg. 33C(3) substituted (E.W.S) (9.12.2021) by The Product Safety and Metrology etc. (Amendment) Regulations 2021 (S.I. 2021/1273), regs. 1, 12(3)(b)
F5Words in reg. 33C(3) substituted (E.W.S.) (31.12.2022) by The Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022 (S.I. 2022/1393), regs. 1(1), 2, Sch. 1 para. (q)
F6Reg. 33C(6) inserted (E.W.S) (9.12.2021) by The Product Safety and Metrology etc. (Amendment) Regulations 2021 (S.I. 2021/1273), regs. 1, 12(3)(c)