http://www.legislation.gov.uk/id/uksi/2016/1153

SCHEDULE 2MEASURING INSTRUMENT WHICH MAY CONTINUE TO BE PUT INTO USE

Regulation 3(4)

Cold water meters1

A cold-water meter—

a

in respect of which a certificate of approval was granted before 30th October 2006; and

b

which was first passed as fit for trade and stamped before 30th October 2016 under the Measuring Equipment (Cold-water Meter Regulations) 1988 M1.

E22

A cold-water meter—

a

in respect of a pattern of which EEC pattern approval was granted before 30th October 2006 in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988 (or in accordance with the measures in force in another EEA state which implement Council Directive 75/33/EECM2); and

b

which bears a mark of EEC initial verification or of EEC partial verification, in either case, affixed before 30th October 2016 in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988 (or in accordance with the measures in force in another EEA state which implement Council Directive 71/316/EECM3 as amended by Council Directives 72/427/EECM4, 83/575/EECM5, 87/354/EECM687/355/EECM7 and 88/665/EECM8.

E12

A cold-water meter—

a

in respect of a pattern of which EEC pattern approval was granted before 30th October 2006 in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988 (or in accordance with the measures in force in another F8relevant state which implement Council Directive 75/33/EECF1); and

b

which bears a mark of EEC initial verification or of EEC partial verification, in either case, affixed before 30th October 2016 in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988 (or in accordance with the measures in force in another F8relevant state which implement Council Directive 71/316/EECF2 as amended by Council Directives 72/427/EECF3, 83/575/EECF4, 87/354/EECF587/355/EECF6 and 88/665/EECF7.

Gas meters3

A gas meter for use for trade which was—

a

stamped under section 17 of the Gas Act 1986 M9 and placed on the market before 30th October 2016; or

b

stamped under article 22 of the Gas (Northern Ireland) Order 1996 M10 and placed on the market before 30th October 2016;

E34

A gas meter for use for trade—

a

in respect of which an EEC pattern approval was granted before 30th October 2006—

i

under the Measuring Instruments (EEC Requirements) Regulations 1988 M11, as applied to gas meters by the Measuring Instruments (EEC Requirements) (Gas Volume Meters) Regulations 1988 M12; or

ii

by any other EEA state in accordance with the relevant provisions of measures in force which implement Council Directive 71/318 M13,

and

b

which bears a mark of EEC initial verification affixed before 30th October 2016 under those Regulations (as so applied) or by any other EEA state in accordance with those provisions.

E44

A gas meter for use for trade—

a

in respect of which an EEC pattern approval was granted before 30th October 2006—

i

under the Measuring Instruments (EEC Requirements) Regulations 1988 F9, as applied to gas meters by the Measuring Instruments (EEC Requirements) (Gas Volume Meters) Regulations 1988 F10; or

ii

by any other F12relevant state in accordance with the relevant provisions of measures in force which implement Council Directive 71/318 F11,

and

b

which bears a mark of EEC initial verification affixed before 30th October 2016 under those Regulations (as so applied) or by any other F12relevant state in accordance with those provisions.

Active electrical energy meters5

An active electrical energy meter for use for trade which was—

a

of a pattern or construction approved before 30th October 2006 by or under regulations made under paragraph 2 of Schedule 7 to the Electricity Act 1989 M14, where such approval has not been revoked under regulations so made; and

b

before 30th October 2016,—

i

certified under paragraph 5 of that Schedule or excepted from the requirement for certification under paragraph 2(2) of that Schedule; and

ii

placed on the market.

6

An active electrical energy meter for use for trade which was—

a

of a pattern or construction approved before 30th October 2006 by or under regulations made under paragraph 3 of Schedule 7 to the Electricity (Northern Ireland) Order 1992 M15 where such approval has not been revoked under regulations so made; and

b

before 30th October 2016—

i

certified under paragraph 6 of that Schedule or excepted from the requirement for certification under paragraph 3(2) of that Schedule; and

ii

placed on the market.

E57

An active electricity meter for use for trade—

a

in respect of which an EEC pattern approval was granted before 30th October 2006—

i

under the Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995 M16; or

ii

any other EEA state in accordance with the relevant provisions of measures in force which implement Council Directive 76/891 M17; and

b

which bears a mark of EEC initial verification affixed before 30th October 2016 under those Regulations or by any other EEA state in accordance with those provisions.

E67

An active electricity meter for use for trade—

a

in respect of which an EEC pattern approval was granted before 30th October 2006—

i

under the Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995 F13; or

ii

any other F15relevant state in accordance with the relevant provisions of measures in force which implement Council Directive 76/891 F14; and

b

which bears a mark of EEC initial verification affixed before 30th October 2016 under those Regulations or by any other F15relevant state in accordance with those provisions.

Automatic Weighing instruments8

An Automatic gravimetric filing instrument—

a

in respect of which a certificate of approval was granted before 30th October 2006; and

b

which before 30th October 2016 was first passed as fit for use for trade and stamped under—

i

the Weights and Measures Regulations 1963 M18;

ii

the Weighing Equipment (Filing and Discontinuous Totalising Automatic Weighing Machines) Regulations 1986 M19; or

iii

the Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 2000 M20.

Measuring systems for the measurement of liquid fuel and lubricants9

A measuring system for use for trade in the making of a continuous and dynamic measurement of liquid fuel lubricants or a mixture of liquid fuels and lubricants in a quantity not exceeding 100 litres or 100 kilograms—

a

in respect of which a certificate of approval was granted before 30th October 2006; and

b

which was before 30th October 2016 first passed as fit for use for trade and stamped under the Measuring Equipment (Liquid Fuel and Lubricants) Regulations 1995 M21.

E710

1

A measuring system for use for trade in the making of a continuous and dynamic measurement of liquid fuel, lubricants or a mixture of liquid fuels and lubricants in a quantity not exceeding 100 litres or 100 kilograms—

a

in respect of which an EEC pattern approval was granted before 30^th October 2006; and

b

which bears a mark of EU initial verification or EU partial verification affixed before 30th October 2016.

2

For the purposes of paragraph (1)—

a

a grant of EEC pattern approval or the affixing of a mark of EEC initial verification must have been in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988 M22 or, in the case of any other EEA state, in accordance with the measures in force which implemented—

i

Council Directive 71/319 EEC M23;

ii

Council Directive 71/348/EECM24 as amended by the Treaty of Accession 1994 M25; and

iii

Council Directive 77/313/EECM26 as amended by Commission Directive 82/625/EECM27; and

b

the affixing of a mark of EEC partial verification must have been in accordance with the 1988 Regulations, or in the case of any other EEA state in accordance with the measures in force which implemented Council Directive 71316/EEC M28 as amended by Council Directives 72/427/EECM29, 83/575/EECM30, 87/354/EECM31, 87/355/EECM32 and 88/665/EECM33.

E810

1 a

in respect of which an EEC pattern approval was granted before 30^th October 2006; and

b

which bears a mark of EU initial verification or EU partial verification affixed before 30th October 2016.

2

For the purposes of paragraph (1)—

a

a grant of EEC pattern approval or the affixing of a mark of EEC initial verification must have been in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988 F16 or, in the case of any other F28relevant state, in accordance with the measures in force which implemented—

i

Council Directive 71/319 EEC F17;

ii

Council Directive 71/348/EECF18 as amended by the Treaty of Accession 1994 F19; and

iii

Council Directive 77/313/EECF20 as amended by Commission Directive 82/625/EECF21; and

b

the affixing of a mark of EEC partial verification must have been in accordance with the 1988 Regulations, or in the case of any other F28relevant state in accordance with the measures in force which implemented Council Directive 71316/EEC F22 as amended by Council Directives 72/427/EECF23, 83/575/EECF24, 87/354/EECF25, 87/355/EECF26 and 88/665/EECF27.

Measuring systems used for deliveries from road tankers11

A measuring system for use for trade in the making of a continuous and dynamic measurement of liquid fuel in a quantity exceeding 100 litres or 100 kilograms, delivered from a road tanker—

a

in respect of which a certificate of approval was granted before 30th October 2006; and

b

which was first passed as fit before 30th October 2016 for use for trade and stamped under the Measuring Equipment (Liquid Fuel delivered from Road Tankers) Regulations 1983 M34.

E912

1

A measuring system for use for trade in the making of a continuous and dynamic measurement of liquid fuel in a quantity exceeding 100 litres or 100 kilograms, delivered from a road tanker—

a

in respect of a which an EEC pattern approval was granted before 30th October 2006; and

b

which bears a mark of EU initial verification or EU partial verification affixed before 30th October 2016.

2

For the purposes of paragraph (1)—

a

a grant of EEC pattern approval or the affixing of a mark of EEC initial verification must have been in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988 M35 or, in the case of any other EEA state, in accordance with the measures in force which implemented—

i

Council Directive 71/319 EEC M36;

ii

Council Directive 71/348/EECM37 as amended by the Treaty of Accession 1994 M38; and

iii

Council Directive 77/313/EECM39 as amended by Commission Directive 82/625/EECM40; and

b

the affixing of a mark of EEC partial verification must have been in accordance with the 1988 Regulations, or in the case of any other EEA state in accordance with the measures in force which implemented Council Directive 71316/EEC M41 as amended by Council Directives 72/427/EECM42, 83/575/EECM43, 87/354/EECM44, 87/355/EECM45 and 88/665/EECM46.

E1012

1

A measuring system for use for trade in the making of a continuous and dynamic measurement of liquid fuel in a quantity exceeding 100 litres or 100 kilograms, delivered from a road tanker—

a

in respect of a which an EEC pattern approval was granted before 30th October 2006; and

b

which bears a mark of EU initial verification or EU partial verification affixed before 30th October 2016.

2

For the purposes of paragraph (1)—

a

a grant of EEC pattern approval or the affixing of a mark of EEC initial verification must have been in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988 F29 or, in the case of any other F41relevant state, in accordance with the measures in force which implemented—

i

Council Directive 71/319 EEC F30;

ii

Council Directive 71/348/EECF31 as amended by the Treaty of Accession 1994 F32; and

iii

Council Directive 77/313/EECF33 as amended by Commission Directive 82/625/EECF34; and

b

the affixing of a mark of EEC partial verification must have been in accordance with the 1988 Regulations, or in the case of any other F41relevant state in accordance with the measures in force which implemented Council Directive 71316/EEC F35 as amended by Council Directives 72/427/EECF36, 83/575/EECF37, 87/354/EECF38, 87/355/EECF39 and 88/665/EECF40.

Taximeters13

A Taximeter—

a

in respect of which a certificate of approval was granted before 30th October 2006; and

b

which was passed as fit for use before 30th October 2016 for the protection of consumers and marked under the Metropolitan Conditions of Fitness M47.

Material measures of length14

A material measure of length—

a

which was first passed as fit for use for trade and stamped before 30th October 2006 under the Measuring Equipment (Measures of Length) Regulations 1986 M48; and

b

which was placed on the market before 30th October 2016.

15

1

A material measure of length—

a

in respect of which an EEC pattern approval was granted under the Measuring Instruments (EEC Requirements) Regulations 1988 M49

b

which bears a mark of EEC initial verification or of EEC partial verification, which was affixed before 30th October 2016.

2

For the purposes of paragraph (1)—

a

a grant of EEC pattern approval, or the affixing of a mark of EEC initial verification must have been in accordance with the relevant provisions of the Measuring Instruments (EEC Requirements) Regulations 1988 or, in the case of any other member State, in accordance with the relevant provisions of measures in force which implemented Council Directive 73/362/EECM50 as amended by Council Directive 78/629/EECM51 and Commission Directive 85/146/EECM52; and

b

the affixing of a mark of EEC partial verification must have been in accordance with the Measuring Instruments (EEC Requirements) Regulations 1988, or in the case of any other member State, in accordance with the measures in force which implemented Council Directive 71/316/EECM53 as amended by Council Directives 72/427/EECM54, 83/575/EECM55, 87/354/EECM56, 87/355/EECM57 and 88/665/EECM58.

Exhaust gas analyser16

An exhaust gas analyser

a

in respect of which a certificate of approval was granted before 30th October 2006; and

b

which was first passed as fit for use for the protection of the environment and public health pursuant to the requirements of OIML, R99/ISO 3930 M59 before 30th October 2016.