The Non-automatic Weighing Instruments Regulations 2000

Provisions supplemental to regulations 11, 12 and 13

14.—(1) Subject to paragraphs (2) and (3) below, the procedures referred to in regulations 11(4), 12(4) and 13(7) (“the procedures”) shall be carried out at the place of use of the instrument unless—

(a)the instrument does not have to be dismantled for transport or any such dismantling is not likely to affect its performance; or

(b)before the instrument is taken into service, no work is required which is likely to affect its performance,

in which case they may be carried out at any place.

(2) In the case of an instrument the performance of which is sensitive to differences in gravity, either—

(a)any difference between the gravity at the place where the procedures are carried out and that at the place where the instrument is to be used shall be taken into account in carrying out the procedures; or

(b)the procedures shall be carried out in two stages in accordance with paragraph (4) below.

(3) In the case of an instrument the performance of which is not sensitive to differences in gravity and if the manufacturer so desires, the procedures may be carried out in two stages in accordance with paragraph (4) below.

(4) The two stages referred to in paragraphs (2) and (3) above are—

(a)a first stage (“the first stage”) which shall comprise all examinations and tests not within the second stage and which may be carried out at any place; and

(b)a second stage (“the second stage”) which—

(i)in the case of an instrument whose performance is sensitive to differences in gravity, shall comprise all examinations and tests of which the outcome is gravity dependent and which shall be carried out at the place of use of the instrument or, if gravity zones(1) have been established, elsewhere within the gravity zone in which that place is situated; and

(ii)in the case of any other instrument, may be carried out at any place.

(5) Where the manufacturer has made an EC declaration of type conformity under regulation 13 in relation to an instrument and the procedures in the first stage are carried out under that regulation, those carried out in the second stage shall be those specified in regulation 11 or 13.

(6) Where an approved body carries out the procedures in the first stage under regulation 11, that body or another approved body may carry out the procedures in the second stage.

(7) Where in pursuance of paragraph (5) or (6) above, the procedures in the first stage are carried out by the manufacturer or an approved body (“the first party”) and the procedures in the second stage are carried out by a different manufacturer (being a manufacturer having the authority to make the relevant EC declaration of type conformity) or approved body (“the second party”)—

(a)the first party shall issue a certificate to the second party identifying the instrument in question and specifying the procedures it has carried out and shall affix, or cause to be affixed, its identification number; and

(b)the second party—

(i)shall carry out the examinations and tests not carried out by the first party; and

(ii)shall be responsible for completion of whichever of the procedures is appropriate.

(8) For the purposes of regulations 11(4) and 12(4), the appropriate examinations and tests shall include those specified in the relevant national standard or equivalent tests.