UK Statutory Instrument
2016
United Kingdom
Non-Automatic Weighing Instruments Regulations 2016
At a glance
Enforced by
What's here
94 compliance obligations, 1 practical guide
Who this Act binds
Plus 15 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
1 guidesWhat this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — INTRODUCTORY
Browse 6 other sections in this Part — procedural / definitional / commencement
Citation commencement and extent
Interpretation
Designated standard
Application of these Regulations
Revocations and transitional and consequential provisions
Transitional provision in relation to EU Exit
Part 2 — REGULATED NON-AUTOMATIC WEIGHING INSTRUMENTS – OBLIGATIONS OF ECONOMIC OPERATORS
Browse 32 other sections in this Part — procedural / definitional / commencement
Introductory
Manufacturers' responsibilities – design, conformity assessment and marking of regulated non-automatic weighing instruments
Manufacturers' obligations in respect of records
Manufacturers' obligations to ensure continuing conformity with the essential requirements
Manufacturers' obligations in relation to the marking of regulated non-automatic weighing instruments with serial numbers etc.
Manufacturers to mark contact details on regulated non-automatic weighing instruments
Documentation to accompany regulated non-automatic weighing instruments
Action to be taken where regulated non-automatic weighing instruments placed on the market are not in conformity with the essential requirements
Provision of information to the competent authority
Use of authorised representatives by manufacturers
Introductory
Ensuring compliance of regulated non-automatic weighing instruments
Importers duty to notify manufacturer and market surveillance authorities of non-compliant regulated non-automatic weighing instruments that present a risk
Requirements to mark importers' details on regulated non-automatic weighing instruments
Importers' duty to ensure that regulated non-automatic weighing instruments are accompanied by relevant documentation.
Duty of importers to ensure proper conditions of storage and transport
Duties of importers with regard to monitoring etc.
Action to be taken by importers where regulated non-automatic weighing instruments placed on the market by them are not in conformity with essential requirements
Requirement for importer to keep copy of EU declaration of conformity
Provision of information to a competent authority
Introductory
Distributors – duty to act with due care
Distributors – verification obligations
Distributors not to make non-conforming non-automatic weighing instruments available on the market etc.
Duty of distributors to ensure proper conditions of storage and transport
Action to be taken by distributors where regulated non-automatic weighing instruments placed on the market by them are not in conformity with essential requirements
Provision of information to the competent authority
(1) Economic operators must, on request, identify to the market...
Obligations which are met by complying with obligations in the Directive
Conformity assessment procedure obligations that are met by complying with the Directive
Further use of UK marking
Qualifying Northern Ireland Goods
Part 3 — CONFORMITY OF REGULATED NON-AUTOMATIC WEIGHING INSTRUMENTS
Browse 15 other sections in this Part — procedural / definitional / commencement
Introductory
Methods of establishing conformity with the essential requirements
Presumptions of conformity of regulated non-automatic weighing instruments
Conformity assessment procedures
Subsidiaries and contractors
Fees
Application of Chapter
Form and contents of ... declaration of conformity etc.
Regulated instruments that require more than one declaration of conformity
Responsibility of manufacturer that draws up declaration of conformity
Conformity with ... requirements to be indicated by the UK marking
Prohibition on improper use of UK marking and the M marking
Rules and conditions for affixing the UK marking and the M marking etc.
UK(NI) indication
Register of notified bodies established in the United Kingdom
Part 4 — REQUIREMENTS FOR NON-REGULATED NON-AUTOMATIC WEIGHING INSTRUMENTS
Browse 1 other section in this Part — procedural / definitional / commencement
(1) This regulation applies to a non-automatic weighing instrument which...
Part 5 — APPROVAL OF CONFORMITY ASSESSMENT BODIES
Browse 8 other sections in this Part — procedural / definitional / commencement
Approved bodies
Approval of conformity assessment bodies
Presumption of conformity of approved bodies
Monitoring
Restriction, suspension or withdrawal of approval
Subsidiaries and contractors
Register of approved bodies
UK national accreditation body
Part 6 — PUTTING INTO SERVICE OF REGULATED NON-AUTOMATIC WEIGHING INSTRUMENTS FOR THE PURPOSES LISTED IN REGULATION 3(2)
Browse 1 other section in this Part — procedural / definitional / commencement
No person shall put into service a regulated non-automatic weighing...
Part 7 — USE FOR TRADE OF REGULATED NON-AUTOMATIC WEIGHING INSTRUMENTS IN GREAT BRITAIN
Browse 1 other section in this Part — procedural / definitional / commencement
Schedule 4 applies to the use for trade of regulated...
Part 8 — MARKET SURVEILLANCE AND ENFORCEMENT
Browse 14 other sections in this Part — procedural / definitional / commencement
The market surveillance authority
Regulated non-automatic weighing instruments presenting a risk
EU safeguard procedure
Compliant regulated non-automatic weighing instruments which present a risk
Provisions as to directions under regulations 58 and 60
Competent authorities and enforcement proceedings
Compliance notice procedure
Enforcement notice procedure
Review of decisions of a competent authorities
Offence of failing to comply with an enforcement notice
Disqualification
Re-qualification
Testing of regulated non-automatic weighing instruments
Unsuitable use of regulated non-automatic weighing instruments
Part 9 — OFFENCES
Browse 5 other sections in this Part — procedural / definitional / commencement
Unauthorised application of authorised marks
Offences by economic operators etc.
Penalties for offences
Defence of due diligence
Liability of persons other than the principal offender
Part 10 — MISCELLANEOUS AND SUPPLEMENTAL
Browse 2 other sections in this Part — procedural / definitional / commencement
Service of documents etc.
Review
Schedules
Conformity assessment bodies must perform their activities taking due account...
Other duties (1) — Crown / regulator
- Conformity assessment bodies must tailor assessments to business size and complexity while maintaining rigour Statutory regulator
Where an approved body finds that the essential requirements have...
Other duties (1) — Crown / regulator
- Approved Bodies must demand corrections and refuse certificates when essential requirements are not met Statutory regulator
Where in the course of the monitoring of conformity following...
Other duties (1) — Crown / regulator
- Approved/notified bodies must act when weighing instrument no longer complies Statutory regulator
Where corrective measured are not taken or do not have...
Other duties (1) — Crown / regulator
- Approved bodies must restrict, suspend or withdraw certificates when corrective measures fail Statutory regulator
Where a person is aggrieved at a decision taken by...
- Approved and notified bodies must offer independent review of conformity decisions
Approved bodies must inform the Secretary of State of the...
- Approved bodies must report certificate changes and requests to the Secretary of State
Approved bodies must provide other bodies approved under these Regulations...
- Share conformity assessment results with other approved bodies
Notified bodies must— (a) when requested by the Secretary of...
- Appoint a representative for EU coordination group if requested
A conformity assessment body must have the means necessary to...
- Conformity assessment bodies must have necessary equipment and facilities for assessments
Conformity assessment bodies, their top-level management and the personal responsible...
- You must be impartial when carrying out conformity assessments
The remuneration of the top-level management and personnel responsible for...
- Don't link conformity assessor pay to assessment numbers or results
A conformity assessment body must satisfy the Secretary of State...
- Conformity assessment body must hold civil liability insurance
The personnel of a conformity assessment body must observe professional...
- Keep client information confidential and protect proprietary rights
Conformity assessment bodies must participate in, or ensure that their...
- Keep up with standards and follow coordination group guidance
A conformity assessment body, its top level management and the...
- NAWI conformity assessment bodies must stay independent of the products they assess
A conformity assessment body, its top level management and the...
- Avoid conflicts of interest in weighing instrument assessment
Conformity assessment bodies must ensure that the activities of their...
- Ensure subsidiaries and subcontractors do not affect impartiality
Conformity assessment bodies and their personnel must carry out the...
- Conformity assessment bodies must act with integrity and competence, free from financial pressures
A conformity assessment body must be capable of carrying out...
- Conformity assessment bodies must be capable of performing their approved tasks
At all times and for each conformity assessment procedure and...
- Maintain qualified staff, documented procedures, and conflict-of-interest policies
Restrictions on use of instruments for trade
- Do not use weighing instruments outside their marked range for precious metals, stones, or drugs
Manner of erection of regulated non-automatic weighing instruments
- Do not use trade weighing instruments unless level indicators show correct reference position
Regulated non-automatic weighing instruments marked with temperature range
- Do not use weighing instruments outside their marked temperature range
Regulated non-automatic weighing instruments marked with manner of use
- Use weighing instruments only in accordance with their manner-of-use marking
Regulated non-automatic weighing instruments fitted with printing devices
- Do not use weighing instrument unless printout is legible and durable
Load receptors
- Use weighing instruments only with stationary load and proper load receptor clearance
Operation of regulated non-automatic weighing instrument
- Set up trade weighing instruments so operator can see, operate, and read from one position
Regulated non-automatic weighing instruments to be set to zero or to be balanced before use
- Balance or zero regulated weighing instruments before trade use
Procedure
Other duties (1) — Crown / regulator
- Secretary of State must follow fair procedure before imposing monetary penalty Crown / Minister / Government department
Levelling When appropriate, instruments shall be fitted with a levelling...
- Fit levelling devices and indicators on weighing instruments when needed
Tare devices and preset tare devices The instruments may have...
- Ensure tare and preset tare devices zero accurately and calculate net weight correctly
Instruments with multiple weighing ranges Multiple weighing ranges are permitted,...
- Clearly indicate multiple weighing ranges and meet strictest accuracy class
When exposed to disturbances, electronic instruments shall not display the...
- Design weighing instruments to suppress or auto-detect significant faults during disturbances
The requirements of points 8.1 and 8.2 shall be met...
- Design weighing instruments for lasting durability and error alarms
Instruments shall be designed to permit ready execution of the...
- Design weighing instruments for easy statutory inspection
Indication of weighing results and other weight values The indication...
- Ensure weighing instruments show accurate, clear and unambiguous results
The manufacturer shall lodge an application for type examination with...
- Apply to an approved body for type examination of weighing instruments
agree with the manufacturer on a location where the examinations...
Other duties (1) — Crown / regulator
- Approved body must agree with manufacturer on testing location Statutory regulator
The approved body shall draw up an evaluation report that...
Other duties (1) — Crown / regulator
- Approved bodies must produce evaluation reports and keep them confidential without manufacturer's agreement Statutory regulator
Where the type meets the requirements of these Regulations, that...
Other duties (1) — Crown / regulator
- Approved body must issue (or refuse) type examination certificate with content and validity Statutory regulator
The approved body shall keep itself apprised of any changes...
- Notify the approved body of modifications to your type-approved instrument
Each approved body shall inform the Secretary of State concerning...
Other duties (1) — Crown / regulator
- Approved bodies must report certificate decisions to the Secretary of State and each other Statutory regulator
The manufacturer shall keep a copy of the type examination...
- Keep type examination records for 10 years after placing on market
Manufacturing The manufacturer shall operate an approved quality system for...
- Manufacturers must operate an approved quality system for weighing instruments
The manufacturer shall lodge an application for assessment of his...
- Lodge application for quality system assessment with approved body
The quality system shall ensure that the instruments are in...
- Establish and maintain a documented quality system for weighing instruments
The approved body shall assess the quality system to determine...
Other duties (1) — Crown / regulator
- Approved body must assess quality system and notify manufacturer of audit decision Statutory regulator
The manufacturer shall undertake to fulfil the obligations arising out...
- Maintain approved quality system and fulfil its obligations
The manufacturer shall keep the approved body that has approved...
- Notify approved body of changes to your quality system
The manufacturer shall, for assessment purposes, allow the approved body...
- Allow approved body access to sites and provide quality records
The approved body shall carry out periodic audits to make...
Other duties (1) — Crown / regulator
- Approved body must carry out periodic audits of manufacturer's quality system Statutory regulator
In addition, the approved body may pay unexpected visits to...
- Allow approved body to make unexpected visits and tests
The manufacturer shall affix the UK marking and the M...
- Affix UK and M metrology markings to conforming weighing instruments
The manufacturer shall draw up a written declaration of conformity...
- Retain declaration of conformity for 10 years and provide on request
The manufacturer shall, for a period ending 10 years after...
- Keep weighing instrument records for 10 years for market surveillance
Each approved body shall inform the Secretary of State of...
Other duties (1) — Crown / regulator
- Approved bodies must report quality system approvals to the Secretary of State Statutory regulator
Technical documentation The manufacturer shall establish the technical documentation. The...
- Create and keep technical documentation for your weighing instruments
The manufacturer shall keep the technical documentation at the disposal...
- Keep technical documentation for 10 years after market placement
Manufacturing The manufacturer shall operate an approved quality system for...
- Operate an approved quality system for weighing instrument manufacturing
The manufacturer shall lodge an application for assessment of his...
- Lodge an application for assessment of your quality system with an approved body
The quality system shall ensure compliance of the instruments with...
- Document and operate a quality system for weighing instruments
The approved body shall assess the quality system to determine...
Other duties (1) — Crown / regulator
- Approved body must assess manufacturer's quality system and audit premises Statutory regulator
The manufacturer shall undertake to fulfil the obligations arising out...
- Maintain approved quality system for weighing instruments
The manufacturer shall keep the approved body that has approved...
- Notify the approved body of any changes to your quality system
The manufacturer shall, for assessment purposes, allow the approved body...
- Allow approved body access to sites and provide quality documentation
The approved body shall carry out periodic audits to make...
Other duties (1) — Crown / regulator
- Approved body must carry out periodic audits of manufacturer's quality system Statutory regulator
In addition, the approved body may pay unexpected visits to...
Other duties (1) — Crown / regulator
- Approved body must provide reports after unexpected visits and tests Statutory regulator
The manufacturer shall affix the UK marking and the M...
- Affix UK marking and M metrology marking to each compliant weighing instrument
The manufacturer shall draw up a written declaration of conformity...
- Create and retain declaration of conformity for each instrument model
The manufacturer shall, for a period ending 10 years after...
- Keep technical records available for market surveillance for 10 years
Each approved body shall inform the Secretary of State of...
- Approved bodies must report quality system approvals to the Secretary of State
Manufacturing The manufacturer shall take all measures necessary so that...
- Ensure manufacturing process produces instruments that match the approved type
Verification An approved body chosen by the manufacturer shall carry...
- Approved body must examine and test each instrument to verify conformity with approved type
The approved body shall issue a certificate of conformity in...
- Keep certificates of conformity for 10 years for inspection
The manufacturer shall affix the UK marking and the M...
- Affix UK and M metrology markings to each conforming weighing instrument
The manufacturer shall draw up a written declaration of conformity...
- Draw up and keep declaration of conformity for weighing instruments for 10 years
The manufacturer shall establish the technical documentation. The documentation shall...
- Establish technical documentation for weighing instruments
The manufacturer shall keep the technical documentation at the disposal...
- Keep technical documentation available for market surveillance for 10 years
Manufacturing The manufacturer shall take all measures necessary so that...
- Monitor manufacturing to ensure weighing instruments meet regulations
Verification An approved body chosen by the manufacturer shall carry...
- Approved body must examine and test each instrument for conformity
All instruments shall be individually examined and appropriate tests, set...
- Approved body must individually examine and test each weighing instrument
The approved body shall issue a certificate of conformity in...
- Keep certificates of conformity for 10 years for market surveillance authorities
The manufacturer shall affix the UK marking and the M...
- Affix UK and M metrology markings to each weighing instrument
The manufacturer shall draw up a written declaration of conformity...
- Draw up and keep a declaration of conformity for each weighing instrument model
The manufacturer shall establish the technical documentation and make it...
- Create and hold technical documentation for weighing instruments
The manufacturer shall keep the technical documentation at the disposal...
- Keep technical documentation for 10 years after placing on market
Manufacturing The manufacturer shall take all measures necessary so that...
- Control your manufacturing process to ensure all weighing instruments meet legal requirements
Verification An approved body chosen by the manufacturer shall carry...
- Keep certificates of conformity for 10 years after placing on market
The manufacturer shall affix the UK marking and the M...
- Affix UK marking and M metrology marking to weighing instruments
The manufacturer shall draw up a written declaration of conformity...
- Write and keep a declaration of conformity for 10 years
Where a manufacturer has opted for execution in two stages...
- Mark instrument with approved body ID after first conformity stage
The party which has carried out the first stage of...
- Keep certificates of conformity ready for inspection
The UK marking and the M metrology marking shall be...
- Affix UK marking and approved body ID after second stage
Those instruments shall have adequate facilities for the affixing of...
- Ensure weighing instruments have secure and visible marking attachments
Browse 113 other Schedules — structural / supplementary
The number of the EU-type examination certificate, where appropriate.
The manufacturer's name, registered trade name or registered trade mark....
The accuracy class, enclosed in an oval or in two...
Maximum capacity, in the form “Max …..”.
Minimum capacity, in the form “Min …..”.
Verification scale interval in the form “e =…..”
Type, batch and serial number
When applicable the following: (a) for instruments consisting of separate...
The requirements of points 1.2 to 1.5 of Schedule 8...
Conformity assessment must be carried out in a proportionate manner,...
(1) A conformity assessment body must have legal personality and...
The personnel responsible for carrying out conformity assessment tasks must...
A conformity assessment body must be a third party body...
A body belonging to a business association or professional federation...
Introduction
Appeals
Interest and recovery
Units of mass The units of mass used shall be...
Printing of weighing results and other weight values Printed results...
Zeroing Instruments may be equipped with zeroing devices. The operation...
Instruments for direct sales to the public, with a maximum...
Price labelling instruments Price labelling instruments shall meet the requirements...
Accuracy classes
The following accuracy classes have been defined—
Scale intervals
The actual scale interval (d) and the verification scale interval...
For all instruments other than those with auxiliary indicating devices—...
For instruments with auxiliary indicating devices the following conditions apply—...
Classification
Instruments with one weighing range Instruments equipped with an auxiliary...
Multi-interval instruments
Instruments with one weighing range may have several partial weighing...
Each partial weighing range i of multi-interval instruments is defined...
The partial weighing ranges are classified according to Table 2....
Accuracy
On implementation of the procedures laid down in regulation 36,...
The maximum permissible errors in service are twice the maximum...
Weighing results of an instrument shall be repeatable, and shall...
The instrument shall react to small variations in the load....
Influence quantities and time
Instruments of classes II, III and IIII, liable to be...
The instruments shall meet the metrological requirements within the temperature...
Instruments operated from a mains power supply shall meet the...
Electronic instruments, except those in class I and in class...
Loading an instrument in class II, III or IIII for...
Under other conditions the instruments shall either continue to function...
General requirements
Design and construction of the instruments shall be such that...
When external equipment is connected to an electronic instrument through...
The instruments shall have no characteristics likely to facilitate fraudulent...
Module B: type examination
type examination is the part of a conformity assessment procedure...
The manufacturer's authorised representative may lodge the application referred to...
type examination may be carried out in any of the...
The approved body shall— For the instrument—
examine the technical documentation and supporting evidence to assess the...
verify that the specimen(s) have been manufactured in conformity with...
carry out appropriate examinations and tests, or have them carried...
carry out appropriate examinations and tests, or have them carried...
Module D: Conformity to type based on quality assurance of...
Conformity to type based on quality assurance of the production...
Quality system
Surveillance under the responsibility of the approved body
The purpose of surveillance is to make sure that the...
Conformity marking and declaration of conformity
Authorised representative The manufacturer's obligations set out in points 2.3.1,...
Module D1: Quality assurance of the production process
Quality assurance of the production process is the conformity assessment...
Authorised representative The manufacturer's obligations set out in points 3.3,...
Quality system
Surveillance under the responsibility of the approved body
The purpose of surveillance is to make sure that the...
Conformity marking and declaration of conformity
Module F: Conformity to type based on product verification
Conformity to type based on product verification is the part...
Verification of conformity by examination and testing of every instrument...
All instruments shall be individually examined and appropriate tests set...
Conformity marking and declaration of conformity
If the approved body agrees and under its responsibility, the...
Authorised representative The manufacturer's obligations may be fulfilled by his...
Module F1: Conformity based on product verification
Conformity based on product verification is the conformity assessment procedure...
Technical documentation
Verification of conformity by examination and testing of every instrument...
Conformity marking and declaration of conformity
If the approved body agrees and under its responsibility, the...
Authorised representative The manufacturer's obligations may be fulfilled by his...
Module G: Conformity based on unit verification
Conformity based on unit verification is the conformity assessment procedure...
Technical documentation
Conformity marking and declaration of conformity
Authorised representative The manufacturer's obligations set out in points 6.2.2...
Common provisions
The conformity assessment according to Module D, D1, F, F1...
If the instrument's performance is sensitive to gravity variations the...
A manufacturer who has opted for Module D or D1...
Instruments intended to be used for the applications listed in...
Those instruments shall bear visibly, legibly and indelibly the following...
Where a data plate is used it shall be possible...
The inscriptions Max, Min, e, and d, shall also be...
Each load measuring device which is connected or can be...
Instruments not intended to be used for the applications listed...
Restrictive use symbol referred to in regulation 9(3). The restrictive...
Instrument model/Instrument (product, type, batch or serial number):
Name and address of the manufacturer and, where applicable, his...
This declaration of conformity is issued under the sole responsibility...
Object of the declaration (identification of instrument allowing traceability; it...
The object of the declaration described above is in conformity...
References to the relevant designated standards used or references to...
The approved body … (name, number) performed … (description of...
Additional information: — Signed for and on behalf of: —...
Disqualification mark
Re-qualification mark
Other sections — not classified into a Part
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Preliminary observation
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Office for Product Safety and Standards
Product safety regulator responsible for ensuring consumer products are safe. Enforces product safety regulations, UKCA marking requirements, and works with market surveillance …
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