Weight and Measures legislation
Introduction
Metrication
Weights
and Measures Act 1985 Part I (Units and Standards)
Weights
and Measures Act 1985 Part II (Use for trade)
Weights
and Measures Act 1985 Part III (Public weighing)
Weights
and Measures Act 1985 Part IV (Transactions in goods)
Weights
and Measures Act 1985 Part V (Packaged goods)
NWML
and legislation
Introduction
Ever since the 13th century, weights and measures has
played a vital role in trade, both nationally and internationally.
Almost all trade is subject to weights and measures legislation
and the Weights and Measures Act 1985 was the original raison
d'etre of the trading standards service.
The Act and its associated legislation establishes a hierarchy
of standards of weight, area, length, volume, and capacity.
Local authorities are charged with maintaining local and
working standards which are traceable to national standards,
and which are used to ensure all trade equipment is accurate.
Any trade equipment is regulated, from 'optics' in bars
to bulk fuel metering systems and computerised packing equipment
in factories.
Inspectors of Weights and Measures are appointed by statute
and have wide powers of entry to premises and test purchase
of goods to check compliance with the law.
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Metrication
Except for the USA, Great Britain was the last developed
country in the world to retain the Imperial system of weights
and measures long after all other nations have adopted the
SI (metric) system. Even the United States of America has
decided, in principle, to follow the rest of the world and
go metric, although considerable resistance remains.
In 1965 the Government announced that the complete conversion
of the United Kingdom to the SI system would be reached
by 1975. In 1969 the Metrication Board was established with
a view to the voluntary change in trade and industry from
the Imperial system to the SI system. The Board was charged
with the responsibility to consult and advise consumer,
education, industry and government interests on the nature
and timing of metric changes; coordinating metrication programmes
in the various sectors of the economy; and informing those
making the metric changes and those affected by them of
the practical implications. It was intended that amendments
to the law to abolish Imperial units of weight and measure
and to facilitate the sale of goods by the SI system alone
would follow the voluntary adoption of the new system by
trade and industry.
From the beginning the work of the Metrication Board was
hampered by a lack of enthusiasm in government departments.
Although it set about its task with vigour and did much
to familiarise the nation with the SI system it had little
impact on the rate of change. Despite the UK’s admission
to the then European Economic Community in 1973 (with an
associated obligation to implement the EC Council Directive
of 1971 relating to Units of Measurement), in 1975 the United
Kingdom remained substantially an Imperial nation. The economic
cost of trading with a metric world whilst maintaining the
Imperial system at home was significant. A position had
been reached where consumer interests and political factions
showed little enthusiasm for the subject but industrial
interests were keen to see a total conversion of the system
at an early date.
In April 1980 the Metrication Board was abolished on the
grounds that its work was largely finished. By the end of
1981 nearly all goods could be sold in SI units with the
notable exceptions of draught beer, cider and packaged milk.
It was not until 1 October 1995, that legislation finally
required all pre-packed goods to be marked with metric indications,
and created a general prohibition on the use of imperial
units for use for trade. In accordance with a derogation
available under the terms of the Units of Measurement Directive,
a date of 1 January 2000 was set for the abolition of the
use of the pound and ounce for goods sold loose from bulk.
In the event, reports and surveys from across the UK confirm
that the metrication 'D' day has gone reasonably smoothly
- consumer groups report that over 95% of people are happy
with the metric system, and weights and measures authorities
are finding that about the same percentage of retailers
are geared up with metric equipment. Of course there are
stragglers, but common sense will hopefully prevail and
a sensible approach is being recommended to authorities,
to give small retailers additional time to get their 'house
in order'. Scaremongering stories of small grocers being
fined thousands of pounds for selling quarter pounds of
sweeties is a scenario that everyone is hoping to avoid!
It is notable that the UK has so far only made provision
for the specific prohibition of the use of imperial units
where they are ‘in use for trade’ within the meaning of
that term under the Weights and Measures Act. There must
be doubt as to whether such an apparently restricted prohibition
properly reflects the requirements of the Directive, which
appears to demand a much wider adoption of metric units.
The Imperial system has been slow to die and it may be
expected that the old units will be found in common, if
not legal use, for some years. It is notable that in France,
more than 140 years after the compulsory adoption of the
metric system, the old units were customarily and unlawfully
still to be found in many rural areas.
For more information on the metrication process and its
history, try this up to date metrication site at http://www.usma.demon.co.uk/
Or the Department of Trade and Industry site at http://www.dti.gov.uk/cacp/ca/contents.htm
It is worth noting, for those imperialphiles among you
that the following will be allowed indefinately:
- Miles, yards, feet and inches for road signs.
- Pints for draught beer and cider, and bottled milk.
- Troy ounces for precious metals.
- Acres for land registry.
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Weights and Measures Act 1985 Part I
Part 1 of the Act, ie sections 1 through 6 deals with
UK units and standards of measurement
It consolidates the law laying down the legal units of measurement,
and control of primary, secondary and tertiary standards
by the UK National Weights and Measures Laboratory (NWML).
It also makes provision for working standards, stamping
and testing equipment for use by local weights and measures
authorities (Trading Standards Departments).
Section 1 defines the yard as 0.9144 metre exactly, and
the pound as 0.45359237 kilogram exactly
The metre is of course 'the length of the path travelled
by light in vacuum during a time interval of 1/299792458
of a second'.
The kilogram is of course the mass equal to the mass of
the international prototype of the kilogram.
This section also refers to Schedule 1 of the Act for other
units of measurement legal for trade use in the UK.
Sections 2 through 5 deal with UK primary, secondary,
tertiary, local and working standards, and testing and stamping
equipment. Section 6 deals with the testing of other standards
and equipment.
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Weights and Measures Act 1985 Part II
Part 2 of the Act ie sections 7 through 17 deal withs weighing
and measuring for trade.
It defines the meaning of 'in use for trade', lays down the
units which are lawful for use for trade, and provides for
very wide powers of metrological control by inspectors of
weights and measures, under the direction of the Secretary
of State.
Section 7 defines use for trade as:
'use in connection with a transaction where:
- the transaction is by reference to quantity or is a
transaction for the purposes of which there is made or
implied a statement of the quantity of goods to which
the transaction relates, AND
- the use is for the purpose of the determination or statement
of that quantity.'
A transaction is caught if it is for:
- the transferring or rendering of money or money's worth
in consideration of money or money's worth, OR
- the making of a payment in respect of any toll or duty.
In addition 7(5) states that any equipment found on business
premises is 'in use for trade', unless the contrary is proved.
Sections 8 t0 10 deal with units lawful for use for trade,
multiples and fractions of units.
Section 11 is important, it specifies equipment which must
be passed as fit for use for trade, by an inspector, before
use. Anyone not complying commits an offence. In addition
equipment can be forfeited, and fees can be charged for tests
carried out.
Each inspector in the UK has a unique stamping number (I am
22!!) which is valid throughout the UK. More recently for
NAWI many authorities have European Notified Body numbers
which are valid throughout the EEC.
Section 12 allows the Secretary of State (through NWML) to
'approve' certain types or patterns of equipment for use for
trade. (Commonly known as section 12 notices they are valid
for 10 years)
Section 13 deals with offences in connection with pattern
approval, and section 14 with general specifications of equipment.
Section 15 gives the Secretary of State powers to make regulations
relating to trade equipment, for example:
Measuring Equipment (Intoxicating Liquor) Regulations 1983
Weights Regulations 1986
Measuring Equipment (Liquid Fuel and Lubricants) Regulations
1995
Section 16 creates offences connected with the stamping of
equipment, eg if anyone NOT an inspector tampers with or marks
any plug or seal, or forges or counterfeits any stamp, they
will be guilty of an offence. Again equipment can be forfeited.
Section 17 creates offences relating to false or unjust equipment,
or fraud in connection with any weighing or measuring.
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Weights and Measures Act 1985 Part III
Part 3 of the Act ie sections 18 through 20 deals with public
weighing or measuring equipment.
Section 18 requires any person operating any public weighing
or measuring equipment, where a fee is charged, to hold a
certificate of competency from a chief inspector of weights
and measures. The certificate will be valid throughout the
UK.
Section 19 allows local authorities to provide public equipment,
and section 20 details offences which can be committed in
connection with public equipment:
ie if any person appointed as a public weigher:
- fails to carry out the weighing on demand (without reasonable
cause)
- carries out the weighing unfairly
- fails to deliver a statement of the weight in writing
- fails to make a record of the weighing (and keep it
for 2 years)
In addition any fraud in connection with a weighing is also
an offence.
Inspectors can require public weighers to produce records
on demand.
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Weights and Measures Act 1985 Part IV
Part 4 of the Act ie sections 21 through 46 deals with regulation
of transactions in goods.
This is a very important and complex part of the Act, bringing
together the previously piecemeal control over a vast range
of classes of goods.
Powers are conferred on the Secretary of State to impose requirements
in respect of the sale of any specific goods. Including requirements
to sell by weight, capacity, volume, length, or number; by
net or gross quantity; in prescribed quantities; to be marked
in a specific way, and so on.
The main requirements, which may be altered by specific Order
are contained in 4 schedules to the Act:
- Sand and other ballast
- Solid fuel
- Miscellaneous goods other than foods
- Composite goods and collections of articles
The measurement of foodstuffs is controlled by Orders and
Regulations made under this part of the Act.
Section 21 gives effect to schedules 4 to 7 of the Act.
Section 22 gives the Secretary of State powers to make orders
with repect to any goods to ensure that the goods in question:
- are only sold by quantity expressed in a specified manner
- are prepacked only if the container is marked with specified
information
- are prepacked only if made up in a container of a specified
size
- are sold or prepacked on ly in specified quantities
- are not sold without the quantity being made known to
the buyer at a specified time
- are sold by vending machine only if specified information
is given
- are carried for reward only if the agreement is by reference
to quantity expressed in a specified manner
- have a document associated with them specifying the
quantity
- when carried on a road vehicle have a document associated
with them containing specified particulars.
Section 23 gives the Secretary of State power to make regulations
as to information to be given in connection with goods
For example:
Weights and Measures (Quantity Marking and Abbreviation of
Units) Regulations 1987
Section 24 gives the Secretary of State the power to grant
exemption from the requirements imposed by sections 21-23.
Section 25 provides for a comprehensive series of offences
for breach of the Schedules, orders or regulations which are
given effect by sections 21 and 22. A person can be guilty
of an offence if he offers or exposes for sale, sells or agrees
to sell, either on his own behalf or on behalf of another
any goods which do not comply with specified requirements.
Section 26 requires that in certain cases the seller must
deliver a statement in writing as to the quantity of the goods
before delivery. ie where goods are required to be sold in
a quantity expressed in a particular manner or
where the quantity of the goods sold in a particular manner
is required to be made known to the buyer before a particular
time or
where there is a sale by retail NOT covered by the above two
circumstances and the sale is by quantity expressed other
than by number
Section 27 provides for exemptions from the requirements
of section 26.
Section 28 deals with shortweight etc. Any person selling
any goods by quantity is guilty of an offence if they deliver:
- a lesser quantity than that purported to be sold OR
- a lesser quantity than corresponds to the price charged.
Any statement about the weight of any goods shall be taken
to be a statement as to the NET weight of the goods.
Section 29 makes it an offence to make misrepresentations:
On or in connection with the sale or purchase of any goods,
- in exposing or offering any goods for sale,
- in purporting to make known the quantity,
- in offering to purchase any goods.
Section 30 prohibits the sale or possession for sale of prepacked
goods which are marked with a quantity in writing but the
actual quantity is less than that stated.
Section 31 prohibits the use of documents containing materially
incorrect statements, associated with goods by virtue of Scedules
4 - 7 or orders made under section 22.
Offences under this section must be committed knowingly
that is with mens rea.
Section 32 provides for the prosecution of third parties by
whose act or default the offence was committed.
Section 33 provides the statutory defence of warranty, ie
that the goods came from some other person who gave a written
representation as to the particulars.
Section 34 provides the reasonable precautions and due
diligence defence, basically to ensure that no person
will be convicted of an offence that he could not reasonably
avoid.
This defence is often proved by quality systems and the like.
The most famous case being Tesco v Nattrass (1971)
Section 35 provides for a defence where proceedings arise
for short measure, and the person charged can prove that the
deficiency arose after the goods were marked with the quantity
after preparation for delivery or
after making up the goods for sale AND
it was attributable wholly to factors for which reasonable
allowance was made.
Section 36 provides a defence for an EXCESS being due to measures
taken reasonably to avoid a DEFICIENCY.
Section 37 makes provision for testing of goods. ie noone
shall be convicted for short measure goods unless a reasonable
number of goods have been tested, and also that the court
shall have regard to the circumstances of the case, and shall
disregard any inconsiderable deficiency or excess.
Section 38 provides for powers for inspectors to enter premises
and to inspect and test goods.
Section 39 provides for powers for inspectors to inspect documents
associated with goods and if necessary seize them as evidence.
Sections 40 and 41 give powers to inspectors to check-weigh
loads being carried on road vehicles.
Section 42 gives powers to the local weights and measures
authority to make test purchases (and charge them to the rates!).
This function is an essential and fundamental part of the
enforcement process.
Section 43 related to sales of beer and cider but was repealed
in November 1994 much to the disappointment of weights and
measures authorities; it would have provided a control over
excessive froth on beer.
Section 44 deals with selling by quantity and 'making the
quantity known to the buyer'
Section 45 specifies circumstances which will satisfy the
requirements of section 44, for example weighing or measuring
the goods in the presence of the buyer
Section 46 further defines and clarifies weighing in the presence
of a person.
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Weights and Measures Act 1985 Part V
Part 5 of the Act ie sections 47 through 68 deals with packaged
goods.
This part of the Act implements EU Directives 75/106/EEC and
76/211/EEC which required member states to introduce the average
system of quantity control for certain prepackaged goods.
This was a departure from the traditional metrological
system where quantity controls were based on the minimum
system, and is a clear recognition of the fact that there
are inherent errors in all metrological equipment, especially
automated packing systems.
The main emphasis for enforcement moved therefore from the
retail level to controls at factories, packing plants and
points of importation.
Another new provision was the introduction of the 'e' mark.
The placing of this mark on packages guaranteed that they
met the requirements of the Directives, thus gaining free
access to markets throughout the Community without further
metrological checking. Special responsibilities are imposed
on packers and importers before this mark can be used.
Section 47 provides for the duties which must be performed
by packers and importers to ensure that a group of packages
selected by an inspector pass the reference test. There
are 3 basic rules which must be satisfied:
- The actual contents of the packages shall not be less,
on average, than the nominal quantity
- Not more than 2.5 percent pf packages may be non-standard
ie have Tolerable Negative Errors (TNE) greater than that
specified for the particular nominal quantity
- No package may be inadequate ie be deficient
by more than twice the TNE
Note: the test performed by inspectors is known as the
reference test; details can be found in Part V of the Weights
and Measures (Packaged Goods) Regulations 1986. Codes of practical
guidance are also available.
Section 48 requires packers and importers to mark the package
with:
- A statement of quantity in the prescribed form see
Weights and Measures (Packaged Goods) Regulations 1986
- his name and address or a mark which enables an inspector
to readily ascertain his name and address
- a mark allocated by the Secretary of State
Subsection 4 also specifies that any statement of quantity
is not to be taken as a trade
description.
Section 49 requires that persons making up packages must use
suitable prescribed equipment or carry out checks
using prescribed equipment which show he has performed
the duty placed on him by Section 47. Records of any checks
made on packages must be retained for an appropriate period
and must be available for inspection by an inspector of Weights
and Measures.
Section 50 creates offences under this Part of the Act of:
- failing to perform a duty imposed by sections 47, 48,
49
- making false records showing that such duties have been
performed
- referring to documents containing information known
to be false
- altering records or documents with intent to deceive
- having in possession for sale, or selling or agreeing
to sellinadequate packages, AND being either
the packer or importer, OR knowing the package to be inadequate
Section 51 provides defences for persons charged under S50:
- Where the offence is failing to perform the duty imposed
by section 47 it is a defence to show that the packages
were not in the possession of the defendant when the reference
test took place and they were not marked with the nominal
quantity when they were in his possession
- Where the importer is charged with a similar offence
he must show:
- he carried out the necessary checks under 49(2)
- he obtained the necessary documents referred to
in 49(2)
- he took reasonable steps to verify the information
- he served a copy of the documents on the prosecutor
within 7 days of the hearing
- he took all reasonable steps to ensure that the
quantity of the goods did not alter while in his possession
- Where the offence is failing to mark a regulated package
under 48(1) it is a defence to show that the container
was marked with a mark, as to which notice had been given
to an inspector stating that the mark referred to his
name and address
- For any other offences there is the general defence
of reasonable precautions and all due diligence
Section 52 specifies the enforcement body as a local weights
and measures authority, but restricts the institution of proceedings
in Scotland. (proceedings in Scotland are instituted by
procurators fiscal on behalf of the Crown)
Section 53 gives effect to Schedule 8 of the Act as to the
enforcement powers of inspectors and local authorities
Section 54 makes special provision for packages which contain
goods of a prescribed quantity and which are marked with the
EEC or 'e' mark.
It is an offence for anyone other than a packer or importer,
or someone acting on their behalf, to mark a package with
the EEC mark.
Essentially a package marked with the EEC mark cam be freely
moved around the European Community without it being treated
as IMPORTED GOODS
Anyone wishing to 'e' mark packages or 'import' or 'export'
them must give prescribed details to the weights and measures
authority in the appropriate area, before the marking, 'import'
or 'export' occurs, otherwise they commit an offence.
The EEC mark itself is prescribed by regulation 12 of the
Weights and Measures (Packaged Goods) Regulations 1986
and is a small letter 'e' as set out in drawing A in the Annex
to Schedule 1 to the Measuring Instruments (EEC Requirements)
Regulations 1980 and shall be:
- at least 3mm high
- in the same field of vision as the statement of nominal
quantity
- indelible, clearly legible, and visible under normal
conditions of purchase
Section 55 referred to the National Metrological Co-ordinating
Unit which has been abolished
Section 56 gives the Secretary of State the duty of generally
supervising the operation of the Act, as well as disseminating
information to local weights and measures authorities
Section 57 empowers the Secretary of State to require packers
and importers to supply details of marks which are applied
to packages in order that the place and time at which they
were made up can be determined. It is an offence for anyone
not to comply with a notice from the Secretary of State for
this purpose
Section 58 empowers the Secretary of State to prepare a scheme
for allocating marks.
Section 59 provides for the supervision by the Secretary of
State of local authority inspectors, by way of reports on
relevant functions.
Sections 60 and 61 ceased to have effect from 17th December
1987 following the abolition of NMCU.
Section 62 gives the Secretary of State powers to confer the
functions of the NMCU on himself or any other body.
Section 63 deals with instructions by inspectors:
If an inspector has reasonable cause to believe that
a person has failed to perform the duty imposed on him by
section 47, the inspector can give the person in charge of
the packages instructions in writing:
- specifying the packages
- requiring the person to keep the packages at a specified
place for 24 hours
The purpose of this is to allow the inspector time to
carry out the appropriate test.
If an inspector has reasonable cause to believe that
a person has failed to carry out a duty imposed by s49 (1)
or (2) he may give instructions in writing which he thinks
appropriate to ensure that there are no subsequent failures.
Provision is also made for the referral of notices to the
secretary of State.
Section 64 makes it an offence for anyone involved in the
administration of Part V of the Act to disclose any information
relating to any trade secret or manufacturing process, unless
the disclosure is made in the performance of a duty.
Section 65 and 66 provide for regulations to modify or supplement
this Part of the Act.
Section 67 provides for the service of documents under this
part of the Act.
Section 68 deals with interpretation of Part V.
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NWML and legislation
In the UK legislation
falls into 2 broad categories, primary and secondary. Primary
legislation is made by Parliament, the House of Commons
and the House of Lords, following discussion and debates.
This legislation generally takes the form of "Bills"
when in draft form, which go through several "readings"
and procedural stages before becoming "Acts" of
Parliament once agreed and once Royal Assent (on behalf
of Her Majesty) has been given.
Secondary legislation,
on the other hand, is generally made by Ministers of the
Government under powers given or delegated to them by Parliament.
Secondary legislation will contain the more detailed provisions
and may be subject to more frequent change. There are procedures
for Parliament to hold debates on the more important items
of secondary legislation and to scrutinise it to ensure
that it is in line with the Ministers’ powers.
These broad
arrangements have been modified by the devolution of powers
to the Scottish Parliament, the Northern Ireland Assembly
and the Welsh Assembly. However, in general Northern Ireland
is responsible for its own weights and measures legislation,
and Parliament at Westminster retains responsibility for
the rest of the United Kingdom.
PRIMARY
LEGISLATION AND NWML'S INVOLVEMENT
NWML is responsible
to the Secretary of State for Trade and Industry for several
aspects of the Weights and Measures Act 1985, namely
those Parts of the Act concerned with weighing or measuring
equipment for use for trade and with the standards of weights
and measures for length, area, volume and capacity which
are used to provide traceability to national standards.
The Act has been amended by: -
1.
Amending instrument
|
2.
Principal effect on the Act
|
The Units
of Measurement Regulations 1986, SI 1986/1082, regulation
10
|
Section
8(5)(b) updated
|
The Weights
and Measures Act 1985 (Metrication) (Amendment) Order
1994, SI 1994/2866
|
Section
8(2) and Schedules 3 to 7 amended
|
The Units
of Measurement Regulations 1994, SI 1994/2867
|
Sections
1, 3 and 27 and Schedules 1, 5 and 11 amended
|
The Deregulation
(Weights and Measures) Order 1999, SI 1999/503
|
Sections
11, 14, 16, 74, 75, 79, 84 and 94 amended; new sections
11A, 11B and 15A and Schedule 3A added
|
SECONDARY
LEGISLATION AND NWML’S INVOLVEMENT
REGULATIONS
ON WEIGHING OR MEASURING EQUIPMENT These Regulations
"prescribe" equipment for the purposes of section
11 of the Act. This means it has to be tested, passed as
fit for use for trade and stamped before use. However in
many cases there are European Union Directives covering
the same equipment, in which case full compliance with the
requirements of the relevant Directives counts the same
as the testing and stamping procedure. The design for the
prescribed stamp is given by the Weights and Measures (Prescribed
Stamp) Regulations 1968, SI 1968/1615 as amended by SI 1999/504.
Note that very many of the Regulations below have been amended,
for example in connection with metrication, but the amendments
are not listed.
1. Regulations
|
2. Applicable to (in
Great Britain unless otherwise stated):
|
The Weights and Measures
Regulations 1963, SI 1963/1710
|
Automatic weighing equipment:
- dynamic axle weighers (road)
- rail weighbridges
- direct mass flow measuring systems (coriolis)
|
The Cubic Measures (Ballast
and Agricultural Materials) Regulations 1978, SI 1978/1962
|
Cubic measures for the
goods indicated:
- small box measures
- shovel loaders
- calibrated tipper trucks
|
The Weighing Equipment
(Beltweighers) Regulations 1983, SI 1983/914
|
Beltweighers (continuous
totalising automatic weighing machines)
|
The Measuring Equipment
(Liquid Fuel delivered from Road Tankers) Regulations
1983, SI 1983/1390
|
Road tanker measuring
systems for liquid fuel:
- contents gauging systems
- meter measuring systems
- dipstick measuring systems
|
Measuring Equipment (Intoxicating
Liquor) Regulations 1983, SI 1983/1656
|
Measuring Equipment:
- beer meters
- spirit dispensers
|
The Weighing Equipment
(Filling and Discontinuous Totalising Automatic Weighing
Machines) Regulations 1986, SI 1986/1320
|
Automatic weighing equipment:
- gravimetric filling machines
- discontinuous totalisers
|
Measuring Equipment (Measures
of Length) Regulations 1986, SI 1986/1682
|
Measures of length
|
Weights Regulations 1986,
SI 1986/1683
|
Weights
|
Capacity Serving Measures
(Intoxicating Liquor) Regulations 1988, SI 1988/120
|
Capacity measures:
- wine carafes
- wine glasses
- beer glasses
|
The Measuring Equipment
(Cold-water Meters) Regulations 1988, SI 1988/997
|
Cold-water meters for
domestic purposes in England and Wales only
|
Measuring Equipment (Capacity
Measures and Testing Equipment) Regulations 1995,
SI 1995/735
|
Capacity measures used
for various purposes including;
- paraffin
- anglers’ bait
- intoxicating liquor (thimble measures, pewter mugs)
- dispensing for pharmaceutical purposes
|
The Measuring Equipment
(Liquid Fuel and Lubricants) Regulations 1995, SI
1995/1014
|
Measuring equipment:
- petrol/diesel dispensers
- oil dispensers
- paraffin dispensers
|
The Weighing Equipment
(Automatic Gravimetric Filling Instruments) Regulations
2000, SI 2000/388
|
Automatic gravimetric
filling instruments which sub-divide from bulk into
pre-determined quantities, eg packets of starch; bags
of crisps and other snack foods
|
The Weighing Equipment
(Non-automatic Weighing Machines) Regulations 2000,
SI 2000/932
|
Non-automatic weighing
equipment of all types including:
- weighbridges
- platform machines
- counter machines
|
ORDERS
ON DESIGNATED COUNTRIES
Most of the
Weights and Measures Act 1985 applies only to Great Britain.
In general, Northern Ireland has its own weights and measures
legislation. Other parts of the British Isles, i.e. the
Channel Islands and the Isle of Man, also have their own
weights and measures legislation which is very much in line
with the legislation in Great Britain. On this basis the
Secretary of State can make Orders "designating"
Northern Ireland, etc. The effect of designation is twofold:
firstly, that weighing or measuring equipment stamped in
a designated country can be exported to Great Britain and
be used for trade without further testing and stamping;
and secondly, that goods for export to those countries are
not exempt from the need to comply with the legislation
applicable in Great Britain.
1. Country
|
2. Designation Order
|
Guernsey and Alderney
|
The Weights and Measures
(Guernsey and Alderney) Order 1995, SI 1995/1011
|
Jersey
|
The Weights and Measures
(Jersey) Order 1992, SI 1992/1592
|
Isle of Man
|
The Weights and Measures
(Isle of Man) Order 1992, SI 1992/1591
|
Northern Ireland
|
The Weights and Measures
(Northern Ireland) Order 1992, SI 1992/1593
|
REGULATIONS ON INSPECTORS’
STANDARDS AND EQUIPMENT
The Act provides,
in sections 4 and 5, for certain aspects of the standards
and equipment used by inspectors (Trading Standards Officers)
to be set out in Regulations. These aspects include the
limits of error and intervals between calibration.
1. Category
|
2. Regulations
|
Length
|
The Weights and Measures
(Local and Working Standard Linear Measures) Regulations
1986, SI 1986/1684 as amended by SI 1994/1851
|
Weight
|
The Weights and Measures
(Local and Working Standard Weights and Testing Equipment)
Regulations 1986, SI 1986/1684 as amended by SIs 1991/1775
and 1994/1851
|
Capacity
|
The Weights and Measures
(Local and Working Standard Capacity Measures and
Testing Equipment) Regulations 1990, SI 1990/2626
as amended by SIs 1994/1259, 1994/1851 and 1995/735
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EGULATIONS IMPLEMENTING
DIRECTIVES
The following
Regulations are the principal ones, which implement Directives
into UK legislation. Other Regulations have also been made
to deal with consequential amendments which have been needed
for complete implementation, for example the Weights and
Measures (Packaged Goods) Regulations were amended in 1992
to allow for the use of non-automatic weighing instruments
(coming within the scope of Directive 90/384/EEC) in the
making up and/or checking of packages.
1. Regulations
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2. Directives
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Measuring Instruments
(EEC Requirements) Regulations 1988, SI 1988/186
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71/316/EEC on common
provisions for both measuring instruments and methods
of metrological control
71/317/EEC on 5 to 50 kg medium accuracy weights
71/319/EEC on meters for liquids other than water
71/347/EEC on measuring of standard mass per storage
volume of grain (also partly implemented by the Ministry
of Agriculture, Fisheries and Food)
71/348/EEC on ancillary equipment for meters for liquids
other than water
73/360/EEC on non-automatic weighing machines
73/362/EEC on material measures of length
74/148/EEC on weights from 1 mg to 50 kg of above
medium accuracy
75/33/EEC on cold-water meters
75/410/EEC on continuous totalizing weighing machines
77/313/EEC on measuring systems for liquids other
than water
78/1031/EEC on automatic checkweighing and weight
grading machines
79/830/EEC on hot-water meters
86/217/EEC on tyre pressure gauges for motor vehicles
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Calibration of Tanks
of Vessels (EEC Requirements) Regulations 1975, SI
1975/2125
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71/349/EEC on the calibration
of the tanks of vessels (i.e. the cargo tanks of inland
waterway and coastal vessels)
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Alcoholometers and Alcohol
Hydrometers (EEC Requirements) Regulations 1977, SI
1977/1753
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76/765/EEC on alcoholometers
and alcohol hydrometers
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Alcohol Tables Regulations
1979, SI 1979/132
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76/766/EEC on alcohol
tables
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Taximeters (EEC Requirements)
Regulations 1979, SI 1979/1379
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77/95/EEC on taximeters
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Non-automatic Weighing
Instruments Regulations 2000, SI 2000/3236
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90/384/EEC on non-automatic
weighing instruments
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December 2000
NWML and legislation information provided
courtesy of NWML, National
Weights and Measures Laboratory.
Visit also WELMEC which is an organisation of European national
legal metrology services, their site at www.welmec.org
contains various details including a list of Notified Bodies
under NAWI.
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