The Non-automatic Weighing Instruments Regulations 2000

Extract

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The Non-automatic Weighing Instruments Regulations 2000

Statutory Instruments

WEIGHTS AND MEASURES

Made

11 th December 2000

Laid before Parliament

11 th December 2000

Coming into force

1 st January 2001

The Secretary of State, being a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the regulation of specifications, construction, placing on the market and use of articles, instruments, containers or other equipment intended for weighing, measuring or testing or for purposes ancillary thereto, in exercise of the powers conferred on him by that section, and (as respects Part III hereof) of the powers conferred on him by sections 15(1) , 86(1) and 94(1) of the Weights and Measures Act 1985(3) and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

PART IPRELIMINARY

Citation, commencement and revocation

1.—(1) These Regulations may be cited as the Non-automatic Weighing Instruments Regulations 2000 and shall come into force on 1 st January 2001.

(2) The Non-automatic Weighing Instruments (EEC Requirements) Regulations 1995(4) , the Non-automatic Weighing Instruments (EEC Requirements) (Amendment) Regulations 1997(5) and the Non-automatic Weighing Instruments (EEC Requirements) (Amendment) Regulations 1998(6) are hereby revoked.

Interpretation

2.—(1) In these Regulations—

(a)“the NAWI Directive” means Council Directive 90/384/EEC of 20 th June 1990 on the harmonisation of the laws of the Member States relating to non-automatic weighing instruments (7) as amended by Council Directive 93/68/EEC(8); provided that in the text of Schedules 1 and 2 (which reproduce Annexes III and I to the NAWI Directive respectively) that Directive is referred to as “the Directive”;

(b) except for the references to the European Communities in the definition of “the Commission” and in relation to the Official Journal, a reference to the Community includes a reference to the EEA, and a reference to a member State includes a reference to an EEA State; and for this purpose—

(i) the “EEA” means the European Economic Area;

(ii) an “EEA State” means a State which is a Contracting Party to the EEA Agreement(9); and

(iii) the “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 nd May 1992 as adjusted by the Protocol signed at Brussels on 17 th March 1993(10).

(2) In these Regulations, unless the context otherwise requires, the following expressions have the following meanings—

“the 1981 Order” means the Weights and Measures (Northern Ireland) Order 1981(11);

“the 1985 Act” means the Weights and Measures Act 1985;

“approved body” means—

a body which is designated by the Secretary of State under regulation 9(1) for the purpose of carrying out one or more of the tasks referred to in Article 8 of the NAWI Directive; or

a body which is designated for that purpose by another member State,

and whose name is notified to the Commission and the member States under Article 9 of the NAWI Directive; and where the context so requires—

a reference to an approved body includes a reference to another approved body which has taken over the first approved body’s functions under regulation 9(7) or the equivalent provisions of the law of another member State; and

a reference to an action of either approved body (however expressed) includes a reference to an action of the other approved body;

“approved quality system” means a quality system approved under regulation 13 or under a corresponding provision of the law of another member State, and cognate expressions shall be construed accordingly;

“approved type” means a type in respect of which an EC type-approval certificate is in force;

“authorised person” means an inspector, or some other person employed by a local weights and measures authority, who is authorised by the chief inspector of weights and measures of that authority to exercise functions under these Regulations in its area;

“authorised representative”, in relation to a manufacturer, means his authorised representative established in the Community;

“CE marking” has the meaning assigned to it in regulation 18(5); and, where the context so permits, references in these Regulations to the CE marking include references to the EC mark of conformity affixed under the Non-automatic Weighing Instruments (EEC Requirements) Regulations 1992(12) and to the CE marking, or EC mark of conformity, affixed under provisions of the law of another member State corresponding to these Regulations;

“the Commission” means the Commission of the European Communities;

“the Community” means the European Community;

“design documentation” means the documentation referred to in Annex III to the NAWI Directive which is set out in Schedule 1;

“disqualification sticker” means—

a sticker the design of which is published in the United Kingdom by the Secretary of State; or

a sticker, symbol or other device the design of which is approved in another member State by the competent author...

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