The Measuring Instruments Regulations 2016

UK Statutory Instrument 2016 No. 1153 — creates 9 criminal offences.

9offences 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 the 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 2014/32/EU of the European Parliament and of the Council of 26th February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments. These Regulations revoke and replace the instruments listed in Schedule 3, paragraph 1.The Regulations draw a distinction between “regulated measuring” instruments and “non-prescribed measuring instruments”. The former (which are listed in regulation 3(2)) are required to meet the technical specifications (referred to as “essential requirements”) which are set out in the Directive and referred to in Schedule 1 to the Regulations. On the other hand, “non-prescribed measuring instruments” (any measuring instrument referred to in Regulation 3(1) but which is not a regulated measuring instrument) are not regulated in the United Kingdom but provision is made to allow them to meet the applicable essential requirements where the instrument is for export to a EEA state which requires compliance with the essential requirements. Part 1 of the Regulations contains definitions, revocations and transitional provisions and an exemption from the requirements of the Regulations in relation to trade fairs, exhibitions and demonstrations. Part 2 of the Regulations sets out the obligations of economic operators (manufacturers, importers and distributors ) in relation to the marketing of regulated measuring instruments in the United Kingdom and in particular to ensure that they meet the essential requirements applicable to those instruments. Part 3 of the Regulations makes provision for the establishment of compliance with the essential requirements of non-prescribed measuring instruments. Part 4 of the Regulations contains provisions as to how compliance with the essential requirements is to be achieved and the application of conformity assessment procedures to establish compliance with the essential requirements by bodies designated by EEA states (which are referred to in the Regulations as “notified bodies”) and related matters. Part 5 of the Regulations makes provision for the designation of notified bodies and their notification to the European Commission. Part 6 of the Regulations contains provisions that regulate the use for trade of the measuring instruments referred to in regulation 61. Part 7 of the Regulations makes provision for market surveillance in relation to regulated measuring instruments and enforcement of the Regulations. Part 8 of the Regulations makes provision in relation to the unauthorised application of marks and provision in relation to penalties for offences, defences and the criminal liability of persons other than a principal offender. Part 9 of the Regulations 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 not 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 available with the explanatory memorandum on www.legislation.gov.uk.

Offences created by this instrument

Where paragraph (1) applies, if the economic operator on whom the compliance notice has been served fails to comply… regulation 71(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 71(3) · Status not determined · Strict liability
Disqualification regulation 72(8) · Status not determined · Strict liability
Unauthorised application of authorised marks regulation 75(1) · Status not determined · Strict liability
Unauthorised application of authorised marks regulation 75(3) · Status not determined · Strict liability
1 In this regulation “event of default” means— a the placing on the market or putting into use of a regulated… regulation 76(1) · Status not determined · Strict liability
Where an event of default mentioned in paragraph (1)(a) or 1(b) occurs as a result of the failure of an economic… regulation 76(2) · Status not determined · Strict liability
Where there is an event of default of a kind referred to in paragraph (1)(c), the person on whom the obligation is… regulation 76(3) · Status not determined · Strict liability
Liability of persons other than the principal offender regulation 79(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.

Consumer Protection Commons · Commons Chamber · 11 June 2019 · Kelly Tolhurst
The hon. Lady is right about the role of trading standards and the pressures under which departments operate. The local priorities of local trading standards will always differ across the country. The beauty of the OPSS is that it takes a strategic role, which enables it to support local and national trading standards in dealing with nationwide issues. It also provides expertise and financial support for testing functions, when required. We launched the OPSS last year to enhance the system. We work closely with local trading standards departments to support them in their work and in tackling…
Consumer Rights Act 2015 (Enforcement) (Amendment) Order 2019 Lords · Lords Chamber · 25 June 2019 · The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy (Lord Henley) (Con)
My Lords, this order aims to strengthen the ability of the Office for Product Safety & Standards to carry out its role in leading the response to national product safety incidents and to ensure consistency across the product safety system. The order has a threefold purpose. First, it will enable the Secretary of State, and the Office for Product Safety & Standards on his behalf, to investigate potential safety issues related to consumer products regulated by the General Product Safety Regulations 2005, using the investigatory powers listed in Schedule 5 to the Consumer Rights Act 2015.…

How Parliament handled it

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