S.I. No. 172/1981:

EUROPEAN COMMUNITIES (HOT-WATER METERS) REGULATIONS, 1981.

EUROPEAN COMMUNITIES (HOT-WATER METERS) REGULATIONS, 1981.

I, Desmond O'Malley, Minister for Industry, Commerce and Tourism, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 79/830/EEC of 11 September, 1979⁽¹⁾ hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Hot-Water Meters) Regulations, 1981.

2. (1) In these Regulations:

"the Council Directive" means Council Directive No. 79/830/EEC of 11 September, 1979;

"the Regulations" means the European Communities (Measuring Instruments) Regulations, 1973 ( S.I. No. 67 of 1973 ).

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the Council Directive.

3. (1) Only those hot-water meters to which the Council Directive applies may bear the EEC pattern approval sign and the EEC initial verification mark and they shall be subject to EEC pattern approval and to EEC initial verification under the conditions laid down in paragraph 1.2.2 of Annex 11 to Council Directive No. 71/316/EEC of 26 July, 1971 ⁽²⁾ and the Annex to the Council Directive.

(2) Nothing in the Weights and Measures Acts, 1878 to 1961, or any instrument made thereunder shall prohibit, prevent or restrict, or authorise or empower the prohibition, prevention or restriction of, or the refusal to authorise or permit, the placing on the market or entry into service of hot-water meters to which the Council Directive applies if such meters bear the EEC pattern approval sign and the EEC initial verification mark provided for in paragraph 3.1.1.2 of Annex II to Council Directive No. 71/316/EEC of 26 July, 1971.

⁽¹⁾ O.J. No. L259, 15/10/79, P.I.

⁽²⁾ O.J. No. L202, 6/9/71, P.I.

4. (1) Regulations 7 and 11 (which relate to the affixing of EEC initial verification marks to instruments and the inspection of instruments to which such marks are affixed) of the Regulations shall apply to hot-water meters to which the Council Directive applies as they apply to the instruments covered by those Regulations, subject to the modifications that in those Regulations references to inspectors shall be construed as references to inspectors under the Weights and Measures Acts, 1878 to 1961, and officers of the Institute for Industrial Research and Standards and references to the special provisions applicable to an instrument of its category and the requirements prescribed shall be construed as references to the requirements in relation to an instrument of its category specified in the Annex to the Council Directive.

(2) Paragraphs 2 and 3 (which relate to the affixing of EEC pattern approval symbols to instruments) of Schedule 2 of the Regulations shall apply to hot-water meters to which the Council Directive applies as they apply to instruments covered by those Regulations.

5. There shall be charged in respect of each hot-water meter submitted for EEC initial verification to an inspector under the Weights and Measures Acts, 1878 to 1961, or to an officer of the Institute for Industrial Research and Standards a fee of £10.

GIVEN under my Official Seal, this 8th day of May, 1981.

DESMOND O'MALLEY,

Minister for Industry, Commerce

and Tourism.

EXPLANATORY NOTE.

These Regulations are made to give effect, so far as necessary, to Council Directive No. 79/830/EEC on the approximation of the laws of the Member States relating to hot-water meters.