UK Offence Report

The Non-automatic Weighing Instruments Regulations 2000 (revoked)

UK Statutory Instrument 2000 No. 3236 — creates 9 criminal offences.

9offences created
0recorded in force
0revoked
Made
11 December 2000
In force from
1 January 2001
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
European Communities Act 1972, Weights and Measures Act 1985

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations consolidate with amendments the Non-automatic Weighing Instruments (EEC Requirements) Regulations 1995 (S.I. 1995/1907; as amended by S.I. 1997/3035 and 1998/2994). These Regulations keep implemented Council Directive 90/384/EEC on the harmonization of the laws of the Member States relating to non-automatic weighing instruments (OJ No. L189, 20.7.90, p. 1; the “NAWI Directive”), as amended by Council Directive 93/68/EEC (OJ No. L220, 30.8.93, p. 1), which was originally implemented by S.I. 1992/1579. For the purposes of these Regulations, there are two categories of non-automatic weighing instruments—those for Schedule 3 applications and others. Regulation 4 requires that instruments for Schedule 3 applications may only be placed on the market, put into service, used and possessed for use if they comply with the requirements of regulation 5. Other instruments must comply with the requirements of regulation 6 if they are to be placed on the market. By way of derogation from the requirements of the NAWI Directive, pursuant to its Article 15.3, instruments which comply with the requirements which were in force before 1st January 1993 may continue to be placed on the market and put into service until 31st December 2002. Regulation 3 provides that these Regulations do not apply to such instruments. Part III of the Regulations provides, pursuant to section 15 of the Weights and Measures Act 1985, for requirements which must be complied with whilst instruments are in use. Failure to comply with these requirements is an offence under section 15(3) of that Act. The principal amendments are as follows— a in regulation 4 the prohibition on supply is replaced with prohibitions on placing on the market and, for instruments for Schedule 3 applications, putting into service. The use and possession for use of non-complying instruments for Schedule 3 applications continues to be prohibited; b regulation 10(1) makes it clear that a manufacturer may apply for EC type-examination to an approved body in another member State, as well as to the Secretary of State; c regulation 10(7) provides that an expired EC type-examination certificate is to remain in force for instruments first put into service during its currency; d regulations 11(6), 12(6) and 13(8) (previously regulation 28A) allow a re-qualification sticker to be affixed to an instrument notwithstanding that a disqualification sticker has not previously been affixed; e regulation 12(3) makes it clear that EC unit verification may be granted by either the Secretary of State or an approved body in another member State; f regulation 18(9) provides for the affixing of a re-qualification sticker; g regulation 22(3) (previously regulation 23(3)) makes it an offence (in consequence of the changes to regulation 4) to place on the market or put into service any instrument the markings of which have been forged or counterfeit, or altered otherwise than in accordance with the Regulations, or where the essential requirements are no longer met due to alterations made subsequent to the marking; h regulation 40 makes consequential minor adjustments to the offences and penalties in connection with the above. In the United Kingdom, the relevant national standards referred to— in regulation 7, 8(2), 10(3)(c) and 14(8) are currently British Standard Specification for Metrological aspects of non-automatic weighing instruments BS EN 45501 : 1994 + AC: 1994; and in regulation 13(3) are currently Quality system Model for quality assurance in production and installation BS EN ISO 9002: 1994. Copies of these Britishs Standards can be obtained from any of the sales outlets operated by the British Standards Institution (BSI), by post from the BSI at Linford Wood, Milton Keynes MK14 6LE and at any HMSO bookshop. Copies of Non-automatic weighing instruments, Part I: Metrological and technical requirements—Tests (see regulation 2(4)) may be obtained from the International Organisation for Legal Metrology, 11 rue Turgot, Paris, 75009, France. At the time of making these Regulations, the texts of Statutory Instruments made from 1997 onwards have been available on the HMSO website at www.legislation.hmso.gov.uk/stat.htm. A Regulatory Impact Assessment in respect of these Regulations is available and a copy can be obtained from the National Weights and Measures Laboratory, Stanton Avenue, Teddington, Middlesex TW11 0JZ.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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