Citation and commencement

1. These Regulations may be cited as the Meters (Approval of Pattern or Construction and Manner of Installation) Regulations 1998 and shall come into force on 1st August 1998.

Interpretation

2.-(1) In these Regulations:-

"EEA Agreement" means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992(3) as adjusted by the Protocol signed at Brussels on 17th March 1993(4);

"EEA State" means a state which, at the date of the entry into force of these Regulations, is a Contracting Party to the EEA Agreement;

"meter examiner" means a person appointed under paragraph 4 of Schedule 7 to the Electricity Act 1989; and

"notification of approval" means a notification issued under regulation 7.

(2) Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or the Schedule is a reference to the regulation bearing that number in or the Schedule to these Regulations; and any reference in a regulation or the Schedule to a numbered paragraph is a reference to the paragraph of that regulation or of the Schedule bearing that number.

Approved pattern or construction and approved manner of installation

3. A meter, other than a meter which is deemed to be of an approved pattern or construction under regulation 3(2) of the Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995(5), used for ascertaining the quantity of electricity supplied by an electricity supplier to a customer shall not be regarded as being-

(a)of an approved pattern or construction unless a notification of approval in respect of that pattern or construction has been issued, or is deemed to have been issued, and that approval has not been revoked; or

(b)installed in an approved manner unless a notification of approval of that manner of installation has been issued, or is deemed to have been issued, and that approval has not been revoked.

Application for approval

4.-(1) Any person who requires the pattern or construction of a meter or its manner of installation to be approved shall submit to the Director-

(a)an application containing the information specified in the Schedule and signed by that person; and

(b)not less than three meters of the pattern or construction and containing the components described in the application.

(2) References in this regulation to the pattern or construction of a meter or to the manner of its installation include references to a modification of a pattern or construction or of a manner of installation which has previously been approved in accordance with these Regulations.

Testing of meters

5.-(1) Subject to paragraph (3), where a meter has been submitted to the Director under regulation 4, a meter examiner shall carry out or procure the carrying out of such tests as he considers are necessary to determine whether the pattern or construction of the meter or the proposed manner of its installation is such that any meter of that pattern or construction or such a meter installed in that manner will be capable of accurately recording the quantity of electricity for which the meter is intended to operate.

(2) In carrying out his functions under paragraph (1), a meter examiner shall have regard to any national, European or international technical standards relating to meters of that or a similar pattern or construction.

(3) A meter examiner shall not carry out or procure the carrying out of tests in accordance with paragraph (1) if he is satisfied that the pattern or construction or the manner of installation complies with any relevant European or international standard recognised for use in any EEA State or-

(a)an equivalent standard or code of practice of a national standards body or equivalent body of any EEA State;

(b)an equivalent technical specification acknowledged for use as a standard by a public authority of any EEA State; or

(c)customary procedures of manufacture of an EEA State where these are the subject of a written technical description sufficiently detailed to permit assessment of the meter for this purpose,

provided that a meter complying with sub-paragraph (a), (b) or (c) will be of equivalent standard to a meter complying with a relevant European or international standard recognised for use in any EEA State.

(4) Any meter which a meter examiner is satisfied complies with the standards set out in paragraph (3) shall be deemed to be capable of accurately recording the quantity of electricity for which it is intended to operate.

(5) For the purpose of paragraph (3) a meter examiner shall take into account the results of the tests carried out by the bodies and laboratories of other EEA States where such bodies and laboratories conform with European Standard EN 45001: 1989(6);

(6) In relation to any one or more of the tests which the meter examiner considers necessary, he may require the person applying for approval to procure the carrying out of specified tests at any premises approved by the Director for carrying out tests of the type specified.

(7) A test referred to in paragraph (6) shall, if the meter examiner so requires-

(a)not be carried out until the meters have been sealed by him for identification purposes; and

(b)be carried out in his presence,

and the meters shall on completion of the test be delivered to the meter examiner.

(8) A meter which has been submitted to the Director under regulation 4 shall not be repaired or modified by any person, other than by a meter examiner for the purpose of carrying out tests in accordance with this regulation, until a notification has been issued under regulation 6 or 7.

Notification of refusal of approval

6.-(1) If a meter examiner concludes that the pattern or construction of the meter or the proposed manner of its installation is such that any meter of that pattern or construction or any such meter installed in that manner will not be capable of satisfying the requirement set out in regulation 5(1), the Director shall notify the person applying for approval accordingly, giving the reasons for such refusal.

(2) Where a meter examiner reaches the conclusion mentioned in paragraph (1) before he has completed every test which he had considered necessary for the purpose of regulation 5, he shall not be required to carry out the remainder of those tests.

Notification of approval

7.-(1) Where a meter examiner concludes that the pattern or construction of the meter or the manner of its installation complies with regulation 5(3) or is such that any meter of that pattern or construction or any such meter installed in that manner will be capable of satisfying the requirement set out in regulation 5(1), the meter examiner shall issue a notification of approval to the applicant, and a notification of approval may notify approval both of the pattern or construction of the meter and of the manner of its installation.

(2) A notification of approval for the purpose of paragraph (1) shall specify-

(a)the type or model number referred to in the application submitted under regulation 4(1)(a);

(b)(where the approval is of the pattern or construction of the meter and the meter contains more than one register of or relating to the quantity of electricity supplied) the maximum number of registers for which the approval is given;

(c)(where the approval is of the manner of installation of the meter) subject to paragraph (3), the approved manner of its installation; and

(d)the conditions as to the use of the meter subject to which the approval is given,

and shall relate only to a meter of the pattern or construction and containing the components described in the application.

(3) The approved manner of installation of a meter shall be by affixing it in a vertical position to a secure surface and connecting it to the electric line providing the supply in accordance with the manner specified on the meter, unless the notification of approval otherwise provides.

(4) A notification of approval under this regulation may contain a condition that the approval will cease within such period as the Director shall determine.

(5) Where a notification of approval contains a condition under paragraph (4), any person may apply to the Director for the renewal of that approval not more than three months before the date upon which the period will expire.

(6) An application under paragraph (5) shall-

(a)contain the information specified in the Schedule and be signed by the person making the application; and

(b)be accompanied by not less than three meters of the pattern or construction to which the notification in question relates.

(7) For the purpose of these Regulations a meter which is installed at an inclination of not more than three degrees from the vertical in any direction shall be deemed to have been installed in a vertical position.

Modifications

8. A modification to any part of a meter that has satisfied the requirement set out in regulation 5(1) shall cause that meter to cease to be of an approved pattern or construction and installed in an approved manner unless a meter examiner issues a notification of approval under regulation 7 in respect of the pattern or construction and manner of installation of the meter including that modification.

Revocation of approval

9.-(1) If the Director wishes to revoke an approval given under these Regulations, he shall publish in such manner as he considers appropriate-

(a)his wish to revoke the approval;

(b)the fact that he has prepared written reasons for the revocation; and

(c)the date on which he wishes the revocation to take effect,

and he shall invite representations within a period of not less than 28 days from the date of publication.

(2) The Director shall send a copy of his written reasons free of charge to any person who requests one before the approval is revoked.

(3) After considering any representations made under paragraph (1) the Director may revoke the approval in writing stating the date on which the revocation of the approval takes effect and shall publish notice of the revocation in such manner as he considers appropriate, provided that the revocation shall not take effect earlier than 28 days from the date on which notice of revocation is published.

(4) (a) Where the approval of the pattern or construction of a meter has been revoked, every meter of that pattern or construction used to ascertain the quantity of electricity supplied by an electricity supplier shall be replaced with a meter of an approved pattern or construction within six months of the date on which the revocation takes effect.

(b)Where the approval of the manner of installation of a meter has been revoked, every meter installed in that manner which is used as aforesaid shall be installed in an approved manner within six months of the date on which the revocation takes effect.

Fees

10.-(1) Where the pattern or construction or manner of installation of a meter has been approved, the person who submitted the application for approval pursuant to these Regulations shall pay to the Director for the approval the fee provided for in paragraph (2).

(2) The fee payable under paragraph (1) shall be an amount equal to the aggregate of-

(a)a sum calculated at the rate of £35 for every hour or part of an hour exceeding 30 minutes spent by a meter examiner in examining and testing the meter, including attending at any test carried out under regulation 5(6);

(b)a sum calculated at the rate of £50 for every hour or part of an hour exceeding 30 minutes for the use of premises provided by the Director for the carrying out of tests; and

(c)any reasonable expenses, including incidental expenses, incurred by the meter examiner in travelling to and from premises at which a meter is tested under regulation 5(6).

(3) Any fee payable under this regulation shall be paid to the Director on demand.

Transitional

11. A meter of which the pattern or construction and the manner of installation have been approved by the Secretary of State prior to the coming into force of these Regulations shall be deemed to be an approved meter for the purpose of these Regulations until the date upon which that approval would have expired or the period for which that approval was granted expires.

Revocation

12. The Meters (Approval of Pattern or Construction and Method of Installation) Regulations 1990(7) are revoked.

Regulations 4 and 7(6)

SCHEDULEINFORMATION REQUIRED IN AN APPLICATION FOR APPROVAL AND AN APPLICATION FOR RENEWAL OF APPROVAL

1. Name and address of the person submitting the application.

2. Name and address of the person by whom the meter was manufactured.

3. The type or model number of the meter.

4. The voltage and current rating of the meter and the frequency at which it is designed to operate.

5. A description of the meter, stating-

(1) whether the meter is single or polyphase;

(2) whether it is an induction or electronic meter;

(3) whether it is a prepayment or credit meter; and

(4) if it contains more than one register, the number of registers it contains.

6. Conceptual designs, manufacturing drawings, circuits and schemes of all components.

7. A description and explanation of the information in paragraph 6 sufficient to enable a meter examiner to understand the design and operation of the meter.

8. The manner in which the meter is to be fixed in position.

9. A list of any national, European or international standards with which the meter or any parts of it comply or are believed to comply.

10. A report of any examination or test of the meter.

11. A statement of the instructions for connection of the meter to the electric line when it is in operation which will be permanently fixed to the meter if a notification of approval is issued (unless the instructions are attached to or impressed on the meters submitted under regulation 4(1)(b)).

12. A statement of any other body to which the meter has been submitted for an approval having the same or substantially similar effect to a notification of approval.

13. An indication whether the applicant requires approval of the pattern or construction of the meter, or of the manner of its installation, or of both.

Explanatory Note

(This note is not part of the Regulations)

These Regulations set out the procedure for obtaining approval of the pattern or construction and manner of installation of meters, other than meters deemed to be approved under the Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995 (S.I. 1995/2607), to be used for ascertaining the quantity of electricity supplied by an electricity supplier to a customer.

The Regulations repeat with amendments the Meters (Approval of Pattern or Construction and Method of Installation) Regulations 1990 (S.I. 1990/791). In addition to minor and drafting amendments, they make the following amendments of substance:-

• the pattern or construction of a meter and the manner of its installation may now be approved separately or at the same time (regulations 3 to 7 and the Schedule);

• a meter examiner shall not carry out, or procure the carrying out of, tests under these Regulations where he is satisfied that the pattern or construction or the manner of installation complies with any relevant European or international standard recognised for use in any EEA State (regulation 5(3));

• regulation 7(7), which specifies the deviation from the vertical permitted for meters required to be installed in the vertical position, has been clarified;

• provisions regarding the revocation of approval given or deemed to be given under these Regulations have been included (regulation 9); and

• the fees charged where the pattern or construction and manner of installation have been approved by a meter examiner under these Regulations have been increased from £25 to £35 for every hour spent by a meter examiner in examining and testing the meter and from £33 to £50 for every hour for the use of premises provided by the Director for the carrying out of tests (regulation 10(1)).

The provisions requiring the recognition of European Standards have been extended to cover standards accepted in EEA States to reflect the effect of article 11 of the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (OJ No. L1, 3.1.94, p. 1), as itself amended by the Protocol adjusting that Agreement signed at Brussels on 17th March 1993 (OJ No. L1, 3.1.94, p. 572) (regulations 2(1) and 5(5)).

These Regulations were notified in draft to the European Commission in accordance with Council Directive 83/189/EEC (OJ No. L109, 26.4.83, p. 8) (amended by Council Directive 88/182/EEC (OJ No. L81, 26.3.88, p. 75) and Council Directive 94/10/EC (OJ No. L100, 19.4.94, p. 100)).

Attention is drawn to the provisions of the Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995, the effect of which is to ensure that, for the purpose of Schedule 7 to the Electricity Act 1989, meters bearing the mark of EC initial verification are treated in the same way as meters approved under these Regulations.

Copies of European Standard EN 45001: 1989 (referred to in regulation 5(5)) may be obtained from the British Standards Institution at 389 Chiswick High Road, London W4 4AL.

A compliance cost assessment of the effect of this instrument on the cost of business is available from the Office of Electricity Regulation, Hagley House, Hagley Road, Edgbaston, Birmingham B16 8QG. Copies have been placed in the libraries of both Houses of Parliament.