UK Offence Report

Contravention of The Weighing Equipment (Beltweighers) Regulations 2001

the instrument as a whole of The Weighing Equipment (Beltweighers) Regulations 2001

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

Contravening this instrument is an offence under section

84 of the Weights and Measures Act 1985. The instrument itself contains no offence-creating words.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
Not determined

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Doing what the provision prohibits, or failing to do what it requires under the Weighing Equipment (Beltweighers) Regulations 2001.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to section 84 of the Weights and Measures Act 1985.

the penalty is in the parent Act, not in this instrument.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
27 March 2001
In force from
28 September 2001
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations replace with amendments the Weighing Equipment (Beltweighers) Regulations 1983 in the light of the International Recommendation R 50–1 and R 50–2 concerning continuous totalising automatic weighing instruments (beltweighers) issued by the International Organisation of Legal Metrology. The 1983 Regulations continue to apply to beltweighers passed as fit for use for trade before 28th September 2001 (regulation 1(3)). The Regulations apply to beltweighers for use for trade and continue to prescribe such beltweighers for the purposes of section 11(1) of the Weights and Measures Act 1985. The effect of prescription is to make it unlawful to use these beltweighers for trade unless they have been tested, passed as fit for such use and stamped by an inspector of weights and measures. These requirements of prescription are also satisfied by a beltweigher complying with Council Directive No. 75/410/EEC (O.J. L185, 14.7.1975, p. 25) and bearing the sign of EEC pattern approval and mark of EEC initial verification. The Regulations make provision for— a the purposes of use for trade (regulation 5); b the materials, principles of construction and marking of beltweighers (regulations 6 to 8); c the manner of erection and use for trade (regulations 9 to 12); d the testing of beltweighers (regulations 13 and 14); and e passing of beltweighers as fit for use for trade, and the stamping and obliteration of stamps on beltweighers (regulations 15 to 21). The Regulations make the following changes of substance— a A new accuracy class of beltweigher, Class 0.5, may be used for trade (regulation 2(2)). Classes are to be determined in accordance with recommendations of the International Organisation of Legal Metrology (regulation 2(3)). b Regulation 3(2) of the Weighing Equipment (Beltweighers) Regulations 1983 restricted their application to beltweighers which are designed to operate at only one speed. These Regulations are of wider application as they are not restricted to single-speed beltweighers (regulation 4). c The testing of beltweighers may now be carried out elsewhere than at their place of use (regulation 13(2)(b)). d An inspector may now require a person in possession of a beltweigher to be tested to provide handling equipment and assistance (regulation 13(5)). e Tests are now to be carried out in accordance with provisions of the International Recommendation entitled “Continuous totalizing automatic weighing instruments (beltweighers) Part 1: Metrological and technical requirements – Tests” (regulation 15(1)). f Provision is now made for dispensing with testing of beltweighers imported from other States of the EEA (regulations 14 and 15(2)). These Regulations were notified to the European Commission in accordance with the requirements of Directive 98/34/EC of the European Parliament and of the Council (1998 O.J. L204/37), (formerly Council Directive 83/189/EEC (1983 O.J. L109/8), as amended). Copies of the publications of the International Organisation of Legal Metrology (see regulation 3) are available from the Organisation at 11 rue Turgot, Paris, 75009, France, and from the National Weights and Measures Laboratory, Stanton Avenue, Teddington, Middlesex, TW11 0JZ. Copies of British Standards (see regulation 14(3)) can be obtained from any of the sales outlets operated by the British Standards Institution (BSI) or by post from the BSI at Linford Wood, Milton Keynes, MK14 6LE and at any Stationery Office bookshop.

Read the full note and every offence in this instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.55.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.55 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source