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Statutory Instrument 2006 No. 1264The Measuring Instruments (Capacity Serving Measures) Regulations 2006(The document as of February, 2008) STATUTORY INSTRUMENTS2006 No. 1264WEIGHTS AND MEASURESThe Measuring Instruments (Capacity Serving Measures) Regulations 2006
The Secretary of State is a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to, and for purposes ancillary 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. The Secretary of State makes the following Regulations under the powers conferred on him by section 2(2) of that Act and, in relation to Part III of the Regulations, under the powers conferred on him by sections 15(1) and 86(1) of the Weights and Measures Act 1985[3]. Citation and commencement 1.—(1) These Regulations may be cited as the Measuring Instruments (Capacity Serving Measures) Regulations 2006. (2) This regulation, regulations 2, 7, 9 and 10 and Part 1 of Schedule 2 shall come into force on 30th May 2006. (3) The remaining regulations shall come into force on 30th October 2006. Interpretation 2.—(1) In these Regulations—
(b) a person appointed by the Secretary of State to act on his behalf to enforce Part II of these Regulations;
(b) received in legible form; and (c) capable of being used for subsequent reference;
(b) a United Kingdom notified body; and (c) for the purposes of regulations 4(1)(c), 18(1)(b), 20(1)(c) and 22(6), a person designated by another member State, who has been notified to the Commission and the other member States pursuant to Article 11.1;
(b) the reference of which is published—
(ii) in another member State by the competent authority pursuant to the third sub-paragraph of Article 13.1;
(b) in another member State by the competent authority pursuant to the third sub-paragraph of Article 13.2;
(2) Other expressions used in these Regulations have the same meanings as in the Weights and Measures Act 1985.
(b) first placed on the market or put into use on or after 30th October 2006. (2) These Regulations do not apply to a capacity serving measure which has been first passed as fit for use for trade and stamped before 30th October 2006 under the Capacity Serving Measures (Intoxicating Liquor) Regulations 1988[8] or the Measuring Equipment (Capacity Measures and Testing Equipment) Regulations 1995[9] and placed on the market before that date.
(b) cannot be acquired or used until it is made compliant with those requirements by the manufacturer. Requirements for placing on the market and putting into use 4.—(1) No person shall place on the market or put into use a capacity serving measure unless the following requirements, or the corresponding requirements of the Directive as implemented under the law of another member State, are met—
(b) the manufacturer has demonstrated its compliance with the essential requirements in accordance with regulation 5; and (c) the measure has affixed to it the CE marking, the M marking and the identification number of the notified body which carried out the conformity assessment procedure in respect of the measure. (2) A person who fails to comply with the requirements of paragraph (1) shall be guilty of an offence and any capacity serving measure to which the offence relates shall be liable to be forfeited.
(b) correctly applying solutions set out in the relevant national standard; or (c) correctly applying solutions set out in the relevant normative document, and selecting and following one of the conformity assessment procedures.
(b) the measure may be considered to be compliant with the essential requirements notwithstanding that the compliance of that device with the essential requirements has not been established. Conformity assessment procedures
(b) B and D; (c) B and E; (d) D1; (e) E1; (f) F1; or (g) H. (2) The manufacturer or his authorised representative shall provide to the notified body carrying out the relevant conformity assessment procedure the technical documentation set out in Schedule 4.
(b) "B" means type examination, set out in Annex B; (c) "D" means declaration of conformity to type based on quality assurance of the production process, set out in Annex D; (d) "D1" means declaration of conformity based on quality assurance of the production process, set out in Annex D1; (e) "E" means declaration of conformity to type based on quality assurance of final product inspection and testing, set out in Annex E; (f) "E1" means declaration of conformity based on quality assurance of final product inspection and testing, set out in Annex E1; (g) "F1" means declaration of conformity based on product verification, set out in Annex F1; and (h) "H" means declaration of conformity based on full quality assurance, set out in Annex H. Designation of United Kingdom notified bodies
(b) may be made subject to such conditions as may be specified in the designation, which may include conditions which—
(ii) require the use of test equipment for the purpose of conformity assessment appropriate to the capacity serving measure being assessed; and (iii) limit the description of any capacity serving measure for which the person is designated; (c) subject to regulation 10, may last for such period as may be specified in the designation; (5) In exercising the power conferred on him by paragraph (1), the Secretary of State may (in addition to the matters of which he is required to satisfy himself pursuant to paragraph (2)) have regard to any matter appearing to him to be relevant.
(b) the reference of which is published—
(ii) in another member State by the competent authority pursuant to Article 11.2. Functions of notified bodies
(b) complies with any condition to which its designation is subject; and (c) complies with these Regulations, but, unless it appears to him that there are circumstances which make it necessary or expedient to do so, he shall not carry out an inspection within two years from the date of designation under regulation 7, or of any later inspection under this paragraph.
(b) it appears to him necessary or expedient to do so. (2) The Secretary of State may terminate a designation made under regulation 7 —
(b) if it appears to him that any condition of the designation is not complied with; or (c) if in his opinion the United Kingdom notified body ceases to satisfy the notified body criteria. (3) Where the Secretary of State is minded to—
(b) terminate a designation pursuant to paragraph (2)(b) or (c), he shall—
(ii) give that notified body the opportunity to make representations within a period of 21 days from the date of that notice and consider any representations made to him within that period. (4) If a designation is terminated under paragraph (2), the Secretary of State may—
(b) notwithstanding sub-paragraph (a), authorise another United Kingdom notified body to take over the functions of the United Kingdom notified body the subject of the termination in respect of such cases as he may specify. Fees
(b) an amount on account of profit which is reasonable in the circumstances having regard to—
(ii) the commercial rate normally charged on account of profit for that work or similar work. (3) The power in paragraph (1) includes the power to require the payment of fees or a reasonable estimate of such fees in advance of carrying out the work requested by the applicant.
(b) the notified body which carries out the conformity assessment procedure in respect of that measure shall affix its identification number to the measure, or may agree that the manufacturer shall do so on its behalf. (2) Any other marking may be affixed to the capacity serving measure provided that the visibility and legibility of the CE marking, the M marking and the identification number of the notified body are not reduced.
(b) the M marking means the capital letter "M" which shall be compliant with the requirements of paragraphs 2, 4 and 5 of Schedule 5; and (c) the identification number of the notified body shall be compliant with the requirements of paragraphs 3, 4 and 5 of Schedule 5. Conformity with other directives Requirements for use for trade 14.No person shall use for trade a capacity serving measure unless—
(b) the requirements of regulation 15 are complied with; and (c) it does not bear any decorations or designs which might cause confusion in use. Manner of use Enforcement authority 16.—(1) It shall be the duty of every local weights and measures authority to enforce these Regulations within its area. (2) The Secretary of State may enforce Part II of these Regulations and for that purpose may appoint any person to act on his behalf. (3) No proceedings for an offence under these Regulations may be instituted in England and Wales except by or on behalf of an enforcement authority. (4) Nothing in these Regulations shall authorise an enforcement authority to bring proceedings in Scotland for an offence. Compliance notice procedure 17.—(1) Where an enforcement authority establishes that, in the case of a capacity serving measure that has been placed on the market or put into use, the CE marking or the M marking has, or both have, been affixed unduly, the following provisions of this regulation shall have effect. (2) The enforcement authority shall serve a compliance notice on the manufacturer or his authorised representative which shall—
(b) describe the capacity serving measure to which it relates in a manner sufficient to identify that measure; (c) state that the enforcement authority is of the opinion that the CE marking or the M marking has, or both have, been affixed unduly to the capacity serving measure and give reasons for its opinion; (d) require the person on whom the notice is served to end the infringement under conditions specified in the notice; (e) specify the date, being not less than 21 days from the date of the notice, by which the infringement must be ended; and (f) warn that person that, where the non-conformity continues beyond the date specified in sub-paragraph (e), the enforcement authority may take further action under regulation 18 in respect of that capacity serving measure. (3) For the purposes of paragraph (1)—
(b) the M marking shall be considered to have been affixed unduly if it is not compliant with the requirements of regulation 12(3)(b). (4) Where a compliance notice is served by an enforcement authority other than the Secretary of State, it shall, at the same time as it serves that notice, send a copy to the Secretary of State.
(b) a capacity serving measure, which is placed on the market or put into use, does not bear one or more of the CE marking, the M marking and the identification number of the notified body which carried out the conformity assessment procedure in respect of that measure; or (c) a capacity serving measure which bears the marking and identification requirements referred to in sub-paragraph (b) does not meet the essential requirements when placed on the market, or properly installed and put into use in accordance with the manufacturer's instructions, the following provisions of this regulation shall have effect.
(b) describe the capacity serving measure to which it relates in a manner sufficient to identify that measure; (c) specify, with reasons, the respects in which, in the opinion of the enforcement authority, the requirements of these Regulations have not been complied with; (d) specify the date, being not less than 21 days from the date of the notice, by which the person to whom the notice is given is required to comply with it; and (e) inform that person of the judicial remedies available to him and of the time limits to which those remedies are subject. (3) A notice under paragraph (2) may—
(b) prohibit or restrict the placing on the market or putting into use of the capacity serving measure; and (c) specify that unless steps are taken which ensure—
(ii) that the manufacturer or his authorised representative acts as required under sub-paragraph (a) or (b), any certificate or notification, issued by a notified body in accordance with the relevant conformity assessment procedure applicable to the capacity serving measure that the measure satisfies the essential requirements, may be withdrawn by that notified body. (4) Where an enforcement notice is served by an enforcement authority other than the Secretary of State, it shall, at the same time as it serves that notice, send a copy to the Secretary of State.
(b) which is granted under the law of another member State, if the Secretary of State is of the opinion that consideration ought to be given to whether the certificate or notification should be withdrawn, he shall inform the relevant competent authority of that fact. Review by the Secretary of State
(b) state the grounds on which the application is made; and (c) be sent to the Secretary of State within 21 days from the date of the notice referred to in paragraph (1). (3) The Secretary of State may—
(b) appoint an assessor for the purposes of assisting him with his review. (4) The Secretary of State shall, within a reasonable time, inform the aggrieved person and the enforcement authority referred to in paragraph (1) in writing of his decision whether to uphold the notice served by that authority, together with reasons for his decision.
(b) the M marking; and (c) the identification number of the notified body which carried out the conformity assessment procedure in respect of the capacity serving measure, is used for trade in circumstances where—
(ii) by reason of any adjustment, alteration, addition, repair or replacement it is likely that the measure has ceased to be compliant with one or more of the requirements of regulation 14, the inspector may affix a disqualification sticker to the capacity serving measure. (2) Where one or more of the markings and identification requirements referred to in paragraph (1) is not affixed to a capacity serving measure, the inspector may affix a disqualification sticker to the measure.
(b) a notice has been served under regulation 20(3); or (c) a capacity serving measure is intended to be used for trade in the circumstances referred to in regulation 20(1)(i) or (ii) or 20(2) but a disqualification sticker has not been affixed to the measure, a person requiring a re-qualification sticker to be affixed to the measure shall submit it, in such manner as may be directed, to an inspector or approved verifier and provide such assistance as the inspector or approved verifier may reasonably require.
(b) the requirements of regulation 14(b) and (c). (3) For the purposes of being satisfied that a re-qualification sticker may be affixed to a capacity serving measure, an inspector or approved verifier may take such steps as he considers appropriate, including testing the measure by means of such test equipment as he considers appropriate and suitable for the purpose.
(b) by an approved verifier, such reasonable fees as he may determine, having regard to the character and extent of the work done or to be done.
(b) alters or defaces an authorised mark affixed to the measure; (c) removes an authorised mark affixed to the measure; or (d) affixes any other marking to the measure which is likely to deceive any person as to the meaning or form, or both, of an authorised mark. (2) Where the alteration or defacement of an authorised mark is occasioned solely—
(b) by an enforcement officer or approved verifier in the carrying out of any of his functions under these Regulations, that person or his authorised agent, enforcement officer or approved verifier shall not be guilty of an offence under paragraph (1)(b).
(ii) an authorised mark that has been altered or defaced otherwise than in the circumstances referred to in paragraph (2); or (iii) any marking which is likely to deceive any person as to the meaning or form, or both, of an authorised mark; or (b) from which, to his knowledge, an authorised mark has been removed. (4) A capacity serving measure in respect of which an offence under this regulation has been committed and any implement used in the commissioning of the offence shall be liable to be forfeited.
(b) inspect and take copies of any document relating to a capacity serving measure; and (c) enter any premises at which he has reasonable cause to believe there to be a capacity serving measure, not being premises used only as a private dwelling house. (2) Subject to the production if so requested of his credentials, an enforcement officer may, at any time, seize and detain—
(b) any document or goods which he has reason to believe may be required as evidence in proceedings for an offence under these Regulations. (3) If a justice of the peace, on written information on oath—
(b) is also satisfied either that—
(ii) an application for admission, or the giving of such a notice would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is temporarily absent,
(5) An enforcement officer entering any premises by virtue of this regulation may take such other persons and such equipment as may appear to him necessary, and on leaving such premises which he has entered by virtue of a warrant under paragraph (3), being premises which are unoccupied or the occupier of which is temporarily absent, he shall leave them as effectively secured against a trespasser as he found them. (6) If an enforcement officer or other person who enters any work-place by virtue of this regulation discloses to any person any information obtained by him in the work-place with regard to any secret manufacturing process or trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence. (7) It shall not be an offence under paragraph (6) for a person to disclose information in circumstances where—
(b) the information is disclosed more than 50 years after it was received. (8) Nothing in this regulation shall authorise any person to stop any vehicle on a highway.
(b) without reasonable cause fails to give that officer any assistance or information which the officer has reasonably required of him for the purpose of the performance by the enforcement authority of its functions under these Regulations. (2) A person shall be guilty of an offence if in giving an enforcement officer such information as is mentioned in paragraph (1)(b) that person gives any information which he knows to be false.
(b) reliance on information given by another, that person shall not, without the leave of the court, be entitled to rely on the defence, unless, not less than seven clear days before the hearing of the proceedings, (or, in Scotland, the trial diet), he has served a notice in accordance with paragraph (3) on the person bringing the proceedings.
(b) whether he had any reason to disbelieve the information. Liability of persons other than the principal offender
(b) as a result of the negligence of an officer of the body corporate, the officer, as well as the body, shall be guilty of the offence.
(b) a person purporting to act as a director, manager, secretary or other similar officer; and (c) if the affairs of a body corporate are managed by its members, a member. (4) In this regulation references to a "body corporate" include references to a partnership in Scotland, and in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner. Service of documents 28.—(1) Any document required or authorised by these Regulations to be served on a person may be so served—
(b) if the person is a body corporate, by serving it in accordance with sub-paragraph (a) on the secretary or clerk of that body; or (c) if the person is a partnership, by serving it in accordance with sub-paragraph (a) on a partner or on a person having control or management of the partnership business. (2) For the purposes of paragraph (1), and for the purposes of section 7 of the Interpretation Act 1978[10] (which relates to the service of documents by post) in its application to that paragraph, the proper address of any person on whom a document is to be served by virtue of these Regulations shall be his last known address except that—
(b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the principal office of the partnership, and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom. 1.The essential requirements are the relevant requirements relating to capacity serving measures contained in Annex I and MI-008, set out in this Schedule. Definitions 2.In this Schedule—
Allowable Errors
(b) information in respect of its accuracy; (c) measuring capacity; plus, when applicable:
(e) number of the EC-type examination certificate; (2) The units of measurement used and their symbols shall be in accordance with the provisions of Community legislation on units of measurement and their symbols.
Materials 13.A capacity serving measure shall be made of material which is sufficiently rigid and dimensionally stable to maintain capacity within the MPE. Shape 14.—(1) A transfer measure shall be designed so that a change of contents equal to the MPE causes a change in level of at least 2 mm at the brim or filling mark. (2) A transfer measure shall be designed so that the complete discharge of the liquid being measured will not be impeded. Marking 15.—(1) The nominal capacity declared shall be clearly and indelibly marked on the capacity serving measure. (2) A capacity serving measure may also be marked with up to three clearly distinguishable capacities, none of which shall lead to confusion one to the other. (3) All filling marks shall be sufficiently clear and durable to ensure that MPEs are not exceeded in use. 1.The body, its director and staff involved in conformity assessment tasks shall not be the designer, manufacturer, supplier, installer or user of the capacity serving measure that they inspect, nor the authorised representative of any of them. In addition, they may not be directly involved in the design, manufacture, marketing or maintenance of the measures, nor represent the parties engaged in these activities. The preceding criterion does not, however, preclude in any way the possibility of exchanges of technical information between the manufacturer and the body for the purposes of conformity assessment. 2.The body, its director and staff involved in conformity assessment tasks shall be free from all pressures and inducements, in particular financial inducements, that might influence their judgement or the results of their conformity assessment, especially from persons or groups of persons with an interest in the results of the assessments. 3.The conformity assessment shall be carried out with the highest degree of professional integrity and requisite competence in the field of metrology. Should the body sub-contract specific tasks, it shall first ensure that the sub-contractor meets the requirements of these Regulations, and in particular of this Schedule. The body shall keep the relevant documents assessing the sub-contractor's qualifications and the work carried out by him under these Regulations at the disposal of the Secretary of State. 4.The body shall be capable of carrying out all the conformity assessment tasks for which it has been designated, whether those tasks are carried out by the body itself or on its behalf and under its responsibility. It shall have at its disposal the necessary staff and shall have access to the necessary facilities for carrying out in a proper manner the technical and administrative tasks entailed in conformity assessment. 5.The body's staff shall have—
(b) satisfactory knowledge of the rules governing the tasks which it carries out, and adequate experience of such tasks; and (c) the requisite ability to draw up the certificates, records and reports demonstrating that the tasks have been carried out. 6.The impartiality of the body, its director and staff shall be guaranteed. The remuneration of the body shall not depend on the results of the tasks it carries out. The remuneration of the body's director and staff shall not depend on the number of tasks carried out or on the results of such tasks. Assessment of applications for certificates or notification 9.—(1) Subject to paragraph 10, a notified body shall assess an application made by a manufacturer for the issue of—
(b) a design or type examination certificate; or (c) a notification of approval of the manufacturer's quality system, in accordance with the Annex applicable to the relevant conformity assessment procedure in respect of a capacity serving measure.
(b) may have regard to any other standard or other technical criteria appearing to it to be relevant. (3) Where, in the opinion of the notified body, the capacity serving measure to which an application relates is compliant with the essential requirements of these Regulations, it shall issue a certificate or notification in accordance with requirements of paragraph 12.
(b) is accompanied by all relevant documentation, in which all writing is in English or another language acceptable to that notified body; and (c) includes particulars of which applicable standards the manufacturer has applied or proposes to apply in respect of the measure. (2) A notified body shall not be required to determine an application for a certificate or notification where the manufacturer has not—
(b) made available to the notified body such information as it may reasonably require to determine the application. (3) A notified body shall not be required to carry out the functions referred to in regulation 7(4) (d) if—
(b) the notified body reasonably believes that, having regard to the number of applications made to it pursuant to its designation which are outstanding, it will be unable to commence the required work within three months of receiving the application. Contractors
(b) require the applicant to satisfy another person with respect to any matter at the applicant's expense. (2) Nothing in sub-paragraph (1) authorises a notified body to rely on the opinion of another person with regard to whether a capacity serving measure is compliant with any of the essential requirements.
(b) give the name and address—
(ii) where the applicant is not the manufacturer, of the manufacturer; (c) be signed by or on behalf of the notified body and give the identification number of the signatory;
(ii) the number of the certificate or notification; (e) give particulars of the relevant capacity serving measure (where applicable, in relation to each variant) to which it relates sufficient to identify it, and shall state whether the measure to which it relates is a single item or a representative, or if it covers a number of variants of that measure; and Conditions in certificates or notifications
(b) a limitation that the capacity serving measure is only to be installed at a specific site. (3) The conditions imposed pursuant to sub-paragraph (1) may be varied in accordance with paragraph 15 by the notified body which issued the certificate or notification and such variation may include the imposition of new conditions or the removal of conditions.
(b) vary a certificate or notification (other than at the request of the person to whom it was given); or (c) withdraw a certificate or notification, it shall give the applicant, or the person to whom the certificate or notification was given, a notice in writing—
(ii) specifying the date on which the refusal, variation or withdrawal is to take effect; and (iii) giving the applicant or person the opportunity to make representations within 21 days from the date of the notice and stating that the notified body shall consider any representations made to it within that period by that applicant or person. (2) Where a notified body, having considered representations made to it under sub-paragraph (1), remains of the opinion that—
(b) a certificate or notification should be varied or withdrawn, it shall inform the applicant, or the person to whom the certificate or notification was given, of that decision in writing and give that applicant or person information about the judicial remedies available to him. Table
Note: The abbreviations of, and symbols for, units of measurement used in these Regulations refer to the relevant units as follows—
pint pt — Metric system: millilitre ml litre 1 Note: Imperial measures shall only be used for measuring draft beer and cider. 1.The technical documentation shall render the design, manufacture and operation of the capacity serving measure intelligible and shall permit an assessment of its conformity with the appropriate requirements of these Regulations. 2.The technical documentation shall be sufficiently detailed to ensure—
(b) the reproducibility of the metrological performances of produced capacity serving measures when properly adjusted using appropriate intended means; and (c) the integrity of the capacity serving measure. 3.The technical documentation shall include insofar as relevant for assessment and identification of the type and/or capacity serving measure—
(b) manufacturing procedures to ensure consistent production; (c) descriptions and explanations necessary for the understanding of sub-paragraph (b), including the operation of the capacity serving measure; (d) a list of the relevant national standards and/or relevant normative documents applied in full or in part; (e) descriptions of the solutions adopted to meet the essential requirements where the relevant national standards and/or relevant normative documents have not been applied; (f) results of design calculations and examinations; (g) the appropriate test results, where necessary, to demonstrate that the type and/or capacity serving measures comply with the requirements of these Regulations under declared rated operating conditions; and (h) the EC-type examination certificates or EC design examination certificates in respect of capacity serving measures containing parts identical to those in the design. 4.The manufacturer shall specify where markings have been applied. 1.The CE marking consists of the symbol "CE" according to the design laid down in paragraph I.B(d) of the Annex to Decision 93/465/EEC[13]. The CE marking shall be at least 5 mm high. 2.The M marking consists of the capital letter "M" and the last two digits of the year of its affixing, surrounded by a rectangle. The height of the rectangle shall be equal to the height of the CE marking. The M marking shall immediately follow the CE marking. 3.The identification number of the notified body concerned shall follow the CE marking and the M Marking. 4.When a capacity serving measure consists of a set of devices, operating together, the markings shall be affixed on the measure's main device. 5.When a capacity serving measure is too small or too sensitive to carry the CE marking and the M marking, the markings shall be carried by the packaging, if any, and by the accompanying documents required by these Regulations. 6.The CE marking and the M marking shall be indelible. The identification number of the notified body concerned shall be indelible or self destructive upon removal. All markings shall be clearly visible or easily accessible. 1.In regulation 2(2), the reference to the Weights and Measures Act 1985[14] shall be construed as a reference to the Weights and Measures (Northern Ireland) Order 1981[15]. 2.Part III does not apply to Northern Ireland. 3.In regulation 16—
4.In regulation 23—
(b) for paragraph (9) substitute the following paragraph—
5.In regulation 29(3) the reference to sub-section (1) of section 14 of the Civil Evidence Act 1968 shall be construed as a reference to sub-section (1) of section 10 of the Civil Evidence Act (Northern Ireland) 1971[16]. (This note is not part of the Regulations) These Regulations implement Directive 2004/22/EC of the European Parliament and of the Council on measuring instruments (OJ No. L 135, 30.4.04, p1) "the Directive" in relation to capacity serving measures covered by the Directive in so far as they are prescribed. Part I provides that these Regulations apply, with certain exceptions, to capacity serving measures for use for trade set out in Schedule 3 which are first placed on the market or put into use on or after the 30th October 2006. Part II deals with the requirements for placing on the market and putting into use. These are that capacity serving measures are compliant with the essential requirements, that the manufacturer has demonstrated such compliance with the essential requirements and that the measures have the CE marking, the M marking and the identification number of the relevant notified body affixed to them (regulation 4(1)). It is an offence under regulation 4(2) to place on the market and put it into use a capacity serving measure without first complying with the requirements of regulation 4(1). The essential requirements are set out in Schedule 1. Compliance with the essential requirements can be demonstrated in accordance with the provisions in regulation 5. Regulation 6 sets out the different conformity assessment procedures available to a manufacturer to demonstrate compliance. The technical documentation required is set out in Schedule 4. Regulations 7 to 11 and Schedule 2 contain provisions relating to the eligibility and designation of persons to be notified bodies and with the administrative procedures relating to their appointment, functions and fees. Requirements relating to the marking of capacity serving measures are set out in regulation 12 and Schedule 5. Regulation 13 provides for a presumption of conformity with other applicable directives conferred by the CE marking. Part III of these Regulations deals with requirements relating to the use for trade of capacity serving measures (regulations 14 and 15) pursuant to section 15(1) of the Weights and Measures Act 1985. Failure to comply with these requirements is an offence under section 15(3) of that Act. Part IV deals with enforcement of these Regulations. Regulation 16 provides that the Regulations shall be enforced by every local weights and measures authority within its area: the Secretary of State may act as an enforcement authority in relation to Part II and may for that purpose appoint any person to act on his behalf. Regulation 17 (compliance notice procedure) and regulation 18 (immediate enforcement action) confer powers on the enforcement authorities to take action in respect of non-compliant capacity serving measures. Regulation 19 permits a review by the Secretary of State of notices issued by other enforcement authorities under regulations 17 and 18. Regulation 20 provides for disqualification of capacity serving measures and it is an offence to use a capacity serving measure which has been disqualified unless it has been re-qualified in accordance with regulation 21. Regulations 22 details the offences in relation to unauthorised application of authorised marks. Regulation 23 provides powers of entry and inspection for enforcement officers. Regulation 24 provides for offences relating to the obstruction of an enforcement officer. A person guilty of an offence under Part II or Part IV is liable on summary conviction to a fine not exceeding level 5 on the standard scale (which is currently £5,000) (regulation 25). A defence of due diligence in relation to any offence under the Regulations is provided for in regulation 26 and the liability of persons other than the principal offender is set out in regulation 27. Part V (regulations 28 to 30) deals with miscellaneous matters including the application of the Regulations to Northern Ireland to the extent set out in Schedule 6 (regulation 30). These Regulations have been notified to the European Commission and the other member States in accordance with Directive 98/34/EC of the European Parliament and of the Council (OJ No. L204, 21.7.98, p.37), as amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No. L217, 5.8.98, p.18). A Regulatory Impact Assessment (RIA) in respect of these Regulations is available and a copy can be obtained from the National Weights and Measures Laboratory (NWML), Stanton Avenue, Teddington, Middlesex TW11 OJZ or from its website at www.nwml.gov.uk. As these Regulations transpose the Directive, a transposition note (TN) setting out how the Government has transposed the Directive in the United Kingdom has been prepared. Copies of the RIA and TN are available from NWML as above. Copies of these documents have been placed in the libraries of both Houses of Parliament. Notes: [1]S.I. 1975/427.back [2]1972 c.68.back [3]1985 c.72.back [4]OJ No. L135, 30.4.04, p.1.back [5]OJ No. L204, 21.7.98, p.37.back [6]OJ No. L217, 5.8.98 p.18.back [7]The application of the Directive was extended to the European Economic Area by Decision No. 31/2005 (OJ No. L198, 28.7.05, p.20).back [8]S.I. 1988/120 as amended by S.I. 1993/2060, S.I. 1994/1851, S.I. 2001/85 and S.I. 2006/659.back [9]S.I. 1995/735 as amended by S.I. 2001/599, S.I. 2003/214 and S.I. 2006/659.back [10]1978 c.30.back [11]1968 c.64.back [12]S.I. 1988/2039 as amending S.I. 1990/1550, S.I. 1994/1883 and S.I. 1994/2868.back [13]OJ No. L220, 30.8.93, p.23.back [14]1985 c.72.back [15]S.I. 1981/231 (N.I. 10) and see S.I. 1982/846 (N.I. 11) and S.I. 1999/283 (N.I. 1).back [16]1971 c.36back ISBN0 11 074555 8 -- Back --
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