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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Weighing Equipment (Beltweighers) Regulations (Northern Ireland) 2006 No. 157 URL: http://www.bailii.org/nie/legis/num_reg/2006/20060157.html |
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Made | 24th March 2006 | ||
Coming into operation | 1st June 2006 |
1. | Citation, commencement and revocation |
2. | Interpretation |
3. | Recommendations of the International Organisation of Legal Metrology |
4. | Application |
5. | Purposes of use for trade |
6. | Beltweighers to be made in accordance with approved pattern |
7. | Descriptive markings |
8. | Marking of units of measurement |
9. | Erection and use for trade |
10. | Manner of use – spillage and loading |
11. | Manner of use – belt speed |
12. | Position of operator |
13. | Testing |
14. | Beltweighers imported from an EEA State |
15. | Passing as fit for use for trade |
16. | Stamping and marking |
17. | Manner of obliteration of stamps |
18. | Obliteration of stamps |
19. | Mandatory obliteration of stamps on beltweighers which are unfit for use for trade |
20. | Power to obliterate stamps on beltweighers which are unfit for use for trade for particular purpose |
21. | Obliteration of one stamp deemed obliteration of all |
SCHEDULE— | TABLE OF MAXIMUM PERMISSIBLE ERRORS |
(2) In these Regulations—
on its descriptive plate or elsewhere on the instrument; and "Class" shall be construed accordingly.
(3) For the purposes of the marks referred to in paragraph (2), the Class of a beltweigher is the Class appropriate to its accuracy on initial verification ascertained in relation to maximum permissible errors in accordance with clause 2.2.1 of R 50-1.
Recommendations of the International Organisation of Legal Metrology
3.
—(1) In these Regulations "R 50-1" means the International Recommendation entitled "Continuous totalizing automatic weighing instruments (beltweighers) Part 1: Metrological and technical requirements – Tests"[6].
(2) In these Regulations, any expression which is not defined in these Regulations and is used both herein and in R 50-1 has the same meaning as in R 50-1.
Application
4.
—(1) These Regulations apply to beltweighers for use for trade other than—
(2) For the purposes of Article 9(1) of the 1981 Order (weighing or measuring equipment for use for trade)—
(3) The Weights and Measures Regulations (Northern Ireland) 1967[8] are hereby further amended by the substitution for regulation 3(2)(h) of the following sub-paragraph—
Purposes of use for trade
5.
A person shall not use a beltweigher for trade—
(2) Where any of the following indicate quantity by means of a metric unit of measurement, any marking—
may also indicate quantity by means of a supplementary indication until 31st December 2009.
(3) The abbreviations of, and symbols for, units of measurement used in this regulation refer to the relevant units as follows—
Gram | g |
kilogram | kg |
tonne | t |
(2) A person shall not use a beltweigher for trade unless there is sited in the vicinity of the beltweigher and available for use in conjunction with the beltweigher a suitable control instrument, that is to say, a weighing instrument which is of Class III or better.
(3) The suitable control instrument referred to in paragraph (2) must—
be capable of determining the weight of material used in material testing and giving weight determinations such that in respect of each material test load the weight determination shall in total be accurate to within one-fifth of the limits of error prescribed for material testing whether such a load is determined in one or more weighing operations.
Manner of use – spillage and loading
10.
A person shall not use a beltweigher for trade in such a manner as to cause—
Manner of use – belt speed
11.
A person shall not use for trade a beltweigher which is designed to operate—
Position of operator
12.
Every beltweigher shall be erected in such a manner that the operator can readily take up a single position from which he can—
(3) A beltweigher which is to be re-erected at its place of use after testing shall not be passed as fit for use for trade before re-erection in accordance with paragraph (2)(b) if, in the opinion of the inspector, its dismantling, transportation and re-erection are likely to affect its function or accuracy.
(4) Every beltweigher submitted for testing shall be in a clean condition.
(5) For the purposes of the performance by an inspector of his functions under the 1981 Order or these Regulations relating to inspection, testing, passing as fit for use for trade and stamping of any beltweigher, a person submitting a beltweigher to an inspector or who an inspector has reasonable cause to believe has possession of a beltweigher for use for trade shall, if requested, provide to the inspector such material, handling equipment and assistance as the inspector may reasonably require; and any material or equipment so provided shall be returned to the person in question.
Beltweighers imported from an EEA State
14.
—(1) In relation to a beltweigher imported into Northern Ireland from an EEA State, (whether directly or indirectly through Great Britain), subject to paragraph (4), an inspector shall not carry out any test in accordance with regulation 13 if, together with the beltweigher being imported, he is presented with the requisite documentation.
(2) In this regulation and in regulation 15(2)—
(b) "EEA State" means a State which is a Contracting Party to the EEA Agreement other than the United Kingdom; and in this paragraph "the EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.
(3) A body is an "approved body" for the purposes of this regulation if it is a body in a member State or in an EEA State which has responsibility in that State for metrological control of beltweighers or is a laboratory which has been accredited for the purposes of testing beltweighers in a member State or in an EEA State as being a body which conforms with the criteria set out in BS EN ISO/IEC 17025:2000[15].
(4) Nothing in these Regulations shall prevent an inspector testing in accordance with regulation 13 where he is not satisfied—
(2) In the case of a beltweigher imported into Northern Ireland from an EEA State, (whether directly or indirectly through Great Britain), a beltweigher shall not be passed as fit for use for trade unless—
Stamping and marking
16.
—(1) Every beltweigher shall be provided with either—
and the plug or stud shall be placed and mounted in conformity with clause 3.12.1 of R 50-1 and the first two paragraphs of clause 3.12.2 of R 50-1.
(2) The stamp shall be placed on the said plug or stud and every sealing device authorised in accordance with paragraph (1).
(3) A beltweigher shall not be stamped in accordance with paragraph (2) if it bears any mark which, in the opinion of the inspector, might reasonably be mistaken for the stamp, or any statement or mark (other than an inspector's stamp) which purports to be or, in the opinion of the inspector, might reasonably be mistaken for an expression of approval or guarantee of accuracy by any body or person.
Manner of obliteration of stamps
17.
Stamps shall be obliterated by an inspector, in accordance with the requirements of these Regulations, by means of punches or pincers of suitable sizes of a six-pointed star design as shown in the following illustration—
(2) Except as provided by regulation 19, where any beltweigher does not fully comply with the requirements of these Regulations but the nature or degree of the non-compliance is not in the inspector's opinion such as to require the immediate obliteration of the stamp, the inspector shall give to the proprietor or any person in possession of the beltweigher a notice calling on him to have the beltweigher corrected within a stated period not exceeding 28 days; and he shall obliterate the stamp if the correction has not been made within the stated period.
Mandatory obliteration of stamps on beltweighers which are unfit for use for trade
19.
An inspector shall obliterate the stamp on any beltweigher which has, since it was last stamped, had any alteration or addition made to it such that it could not be passed as fit for use for trade under regulation 15.
Power to obliterate stamps on beltweighers which are unfit for use for trade for particular purpose
20.
An inspector may obliterate the stamp on any beltweigher if—
Obliteration of one stamp deemed obliteration of all
21.
For the purpose of these Regulations, the obliteration of any one stamp on any beltweigher shall be deemed to be the obliteration of all other stamps on that beltweigher.
Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on
24th March 2006
L.S.
M Bohill
A senior officer of the Department of Enterprise, Trade and Investment
Class | Percentage of the mass of the totalized load for: | |
Initial verification | In-service testing | |
0.5 | 0.25 | 0.5 |
1 | 0.5 | 1.0 |
2 | 1.0 | 2.0 |
The Regulations make the following changes of substance—
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.
Contravention of these Regulations is an offence under Article 13(1) of the 1981 Order. It is also an offence, under Article 9(2) of the 1981 Order, for a person to use for trade or have in his possession for such use any beltweigher prescribed by regulation 4, which has not been passed as fit for such use and which does not bear a stamp indicating that it has been so passed which is undefaced otherwise than by fair wear and tear. Under Article 47(1) of the 1981 Order the penalty on summary conviction for any of these offences is a fine not exceeding level 3 on the standard scale (currently £1,000). The measuring equipment in respect of which the offence is committed is liable to forfeiture under Articles 9(2) and 13(1) of the 1981 Order.
[2] S.I. 1981/231 (N.I. 10) as amended by 2000 c. 5 (N.I.)back
[3] By S.I. 1982/846 (N.I. 11), Art. 4back
[4] S.R.1985 No. 319 as amended by S.R. 1995 No. 228back
[5] S.R.& O. 1969 No.11 as amended by S.R. 2002 No. 36back
[6] Edition 1997 (E) published by the International Organisation of Legal Metrologyback
[7] S.I. 1988/186, as amended by S.I. 1988/1128back
[8] S.R.& O. (N.I.) 1967 No 237 as amended by S.R.& O. (N.I.) 1971 No 114, S.R.& O. (N.I.) 1972 No 278, S.R.& O. (N.I.) 1974 No 280, S.R. 1979 No. 436, S.R.1985 No. 319, S.R. 1986 No. 308, S.R. 1986 No. 311, S.R. 1991 No. 266, S.R. 1993 No. 441, and S.R. 1998 No.48back
[9] S.R. 1985 No. 319 as amended by S.R. 1995 No. 228back
[13] S.R. 1986 No. 311 as amended by S.R. 1995 No. 228, S.R. 1998 No. 374, S.R. 2002 No.71 and S.R. 2004 No.189back
[15] BS EN ISO 17025:2000 is the international standard "General requirements for the competence of testing and calibration laboratories" (ISBN 0 580 34929 2)back
© Crown copyright 2006