The Non-automatic Weighing Instruments Regulations 2016

UK Statutory Instrument 2016 No. 1152 — creates 8 criminal offences.

8offences created

0recorded in force

0revoked

Made: 29 November 2016
In force from: 28 December 2016
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 these Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement Directive 2014/31/EU of the European Parliament and of the Council of 26th February 2014 on the harmonisation of the laws of Member States relating to the making available on the market of non-automatic weighing instruments. These Regulations replace and revoke the Non-automatic Weighing Instruments Regulations 2000 and the Non-automatic Weighing Instruments (Amendment) Regulations 2008. Non-automatic weighing instruments are defined as instruments which require the intervention of an operator to determine mass and other things related to mass by the use of gravity. The Regulations impose requirements in relation to the manufacture of non-automatic weighing instruments which are used for determining mass for: a commercial transactions; b the determination of the amount of certain payments such as tolls or taxes; c the purposes of court proceedings and legal requirements; d the weighing of patients for medical purposes; e making up medicines and other medical and pharmaceutical laboratory purposes; f direct sales to the public and the making up of pre-packages. and the determination of price on the basis of mass. These instruments are referred to in the Regulations as “regulated non-automatic weighing instruments”. The Regulations set out what are referred to as “the essential requirements” which must be met by regulated non-automatic weighing instruments. The essential requirements are defined in regulation 2(1) as the requirements relating to non-automatic weighing instruments set out in Annex I to the Directive. Part 1 of the Regulation contains definitions, revocations and transitional provisions. Part 2 of the Regulations sets out the obligations of economic operators (manufacturers (and their authorised representatives), importers and distributors) in connection with ensuring that instruments placed on the market meet the essential requirements and the other requirements of the Regulations. Part 3 of the Regulations makes provision for establishing conformity with the essential requirements. Regulation 40 sets out the conformity assessment procedures that must be used to ensure conformity with the essential requirements and the requirements to be followed and the use of notified bodies. Part 4 contains requirements as to markings to be placed on instruments that are not required to meet the essential requirements. Part 5 contains the requirements relating to the notification by the United Kingdom of conformity assessment bodies. Part 6 contains provisions prohibiting the use of non-automatic weighing instruments for the purposes listed in regulation 3(2) unless they have been subject to the appropriate conformity assessment procedures. Part 7 imposes certain requirements for the use for trade of regulated non-automatic weighing instruments. Part 8 makes provision in relation to market surveillance and enforcement of the Regulations; Part 9 makes provision about the unauthorised application of marks to regulated non-automatic weighing instruments and also makes provision in relation to penalties for offences and defences. Part 10 contains miscellaneous and supplemental provisions. A draft of these Regulations was notified to the European Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations (OJ L 204, 21.7.1998, p.37) as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p.18). A transposition note and an impact assessment of the effect that this instrument will have on the costs of business, the public sector and voluntary sector is available from the Regulatory Delivery Directorate, 1 Victoria Street, London SW1 0ET. They are also available with the explanatory memorandum alongside this instrument on www.legislation.gov.uk.

Offences created by this instrument

Where this paragraph (1) applies, if the economic operator on whom the compliance notice has been served, fails to… regulation 66(2) · Status not determined · Strict liability
An economic operator that fails to comply with an enforcement notice served on the economic operator by the Secretary… regulation 66(3) · Status not determined · Strict liability
Disqualification regulation 67(7) · Status not determined · Strict liability
Unauthorised application of authorised marks regulation 71(1) · Status not determined · Strict liability
Unauthorised application of authorised marks regulation 71(3) · Status not determined · Strict liability
Where an event of default of a kind mentioned in paragraph (1)(a), (1)(b) or (1)(c) occurs as a result of the failure… regulation 72(2) · Status not determined · Strict liability
Where an event of default of a kind mentioned in paragraph (1)(d) or (1)(e) occurs, the person responsible for that… regulation 72(3) · Status not determined · Strict liability
Liability of persons other than the principal offender regulation 75(2) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Draft Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 Commons · General Committees · 12 March 2019 · Maria Eagle
It is a pleasure to serve under your chairmanship, Mr Gray. I thank both Front Benchers for the way in which they set out the points they made, and the SNP spokesman for his contribution. I am deeply concerned about this SI. Apart from the fact that it is as thick as a brick and weighs probably more than that, I find it difficult to conceive that anybody who might be affected by it could understand the meaning of it by reading it. It simply is not possible. Let me give the Minister an example of what I mean: if we turn to schedule 26, which is on page 318 and is something I have picked out…

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.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2016