S T A T U T O R Y  I N S T R U M E N T S 
2016 No. XXXX  
WEIGHTS AND MEASURES  
The Measur ing Instruments Regulations 2016  
Made  - - - - *** 
Laid before Parliament  *** 
Coming into force  - - *** 
 
The Secretary of State  is a Minister designated (a) for the purposes of section 2(2) o f the European 
Communities Act 1972( b) in relation to, and for purposes ancillary to, the regulation of 
specifications, construction, placing on the market and use of articles, instruments,  containers or 
other equipment intended for weighing measuring or testing.  
These Regulations make provision for a purpose mentioned in section 2(2) of the European 
Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain 
references to provisions of EU instruments to be construed as r eferences to those provisions as 
amended from time to time.  
The Secretary of State  makes the following Regulations under the powers conferred on him by 
section 2(2) of that Ac t and, in relation to Part 6  of the Regulations under powers conferred on him 
by sections 15(1) and 86(1) of the Weights and Measures Act 1985( c). 
PART 1 
INTRODUCTORY  
Citation, commencement and extent  
1.—(1) These Regulations may be cited as the Measur ing Instruments Regulations 2016 . 
(2) These Reg ulations come into force on 20th April 2016.  
(3) These R egulations ex tend to Northern Ireland except Part 6.  
Interpretation  
2.—(1) In these Regulations — 
“accreditation” has the meaning set out in point 10 of Article 2 of RAMS;   
                                                                                                                                            
(a) S.I. 1975/427  
(b) 1972 c.68  
(c) 1985 c.72.   2 “accreditation  certificate” means a certificate, issued by the United Kingdom Accreditation 
Service or a national accreditation body in another member State, attesting that a conformity 
assessment body meets the notified body requirements;  
“active electrical energy mete r” means  a device which  measures the active electrical energy 
consumed in a circuit  which is intended for residential, commercial or light industrial use ; 
 “authorised representative” means  any person established within the European Union  who has 
received  a written mandate from a manufacturer to act on the manufacturer’s behalf in relation 
to specified tasks;  
“automatic weighing instrume nt” means an instrument that — 
(a) determines the mass of a product without the intervention of an operator; and  
(b) follows a pr edetermined programme of autom atic processes characteristic of the 
instrument intended to determine the mass of a body by using the action of gravity on that 
body;  
“automatic gravimetric filing instrument” means an automatic weighing instrument that fills 
containers with a predetermined and virtually constant mass of product from bulk;  
“automatic catchweigher” means  an automatic weighing instrument that determines the mass 
of pre -assembled discrete loads (for example pre -packages) or single loads of loose m aterial;  
“automatic checkweigher” means  an automatic catchweigher which sub -divides articles of 
different mass into two or more sub -groups according to the value of the difference between 
their mass and the nominal set point ; 
“automatic discontinuous total iser” means an automatic weighing instrument that —  
(a) determines the mass of a bulk product by dividing the product into discrete loads;  
(b) determines in sequence and sums the mass of each discrete load; and  
(c) delivers each discrete load to bulk;  
“automatic rail -weighbridge” means an automatic weighing instrument having a load receptor 
inclusive of rails for conveying railway vehicles;  
“automatic weight grading instrument” means an instrument that determines the mass of a 
product without the intervention of an ope rator and follows a predetermined programme of 
automatic processes characteristic of the instrument intended to determine the mass of a body 
by using the action of gravity on that body;  
“beltweigher” means a n automatic  weighing instrument that continuously  determines the mass 
of a bulk product on a conveyor belt without systematic subdivision of the product without 
interrupting the movement of the conveyor belt;  
“capacity serving measure” means a capacity serving measure (such as a drinking glass, jug or 
thimble measure) designed to determine a specified volume of a liquid (other than a 
pharmaceutical product) which is sold for immediate consumption;  
“CE marking” means a marking which takes the form set out in Annex II of RAMS;  
“competent authority” means th e market surveillance authority or an enforcement authority;  
“conformity assessment” means the process for demonstrat ing whether the essential   
requirements r elating to a measuring instrument  have been fulfilled;  
“conformity assessment body” means a person  that performs conformity assessment activities, 
including calibration, testing, certification and inspection;  
“dimensional measuring instrument” means — 
(a) a length measuring instrument that serves for the determination of the length  of rope type  
materials ( for example  textiles, bands, cables) during feed motion of the product to be 
measured;  
(b) an area measuring instrument which serves for the determination of the area o f irregular 
shaped objects, for example  for leather; or   3 (c) a multi -dimensional measuring instru ment which serves for the determination of the edge 
length (length, height, width) of the smallest enclosing rectangular parallelepiped of a 
product;  
“the Directive” means Directive 2014/32/EU of the European Parliament and of the Council of 
26 February 20 14 on the harmonisation of the laws of the Member States relating to the 
making available on the market of measuring instruments (a) and references to the Directive 
(or a specific provision of it) are references to the Directive (or that provision) as from time to 
time amended ; 
“distributor”  means  any person  in the supply  chain,  other  than the manufacturer  or the 
importer,  who makes  a measuring instrument  available  on the market;  
“disqualification mark”  means a mark or sticker the design of which is publishe d by the 
Secretary of State  and which is affixed to a regulated measuring instrument in accordance with 
regulation  74; 
“economic  operator”  means  a manufacturer,  importer  or distributor;  
“enforcement authority”  means  any person  enforcing  these  Regulations  mentioned in  
regulation  70; 
“enforcement officer” means — 
(a) an inspector; or  
(b) a person appointed by the Secretary of State to act on his behalf to enforce these 
Regulations;  
“essential requirements”  means , in relation to a measuring instrument  (or a class of that 
measuring instrument) , the requirements specified as being applicable in relation to that 
measuring instrument  (or that class)  in Schedule 1 ; 
“EU declaration  of conformity”  means  a declaration  of confor mity required to be drawn up  in 
accordance  with chapter 3 of Part 4 ; 
“European Commission” means the Commission of the European Union;  
“exhaust gas analyser” means a measuring instrument that serves in relation to a motor vehicle 
engine with spark ignition  to determine at the moisture level of the sample analysed the 
volume fractions of the following exhaust gas components — 
(a) carbon monoxide;  
(b) carbon dioxide;  
(c) oxygen; and  
(d) hydrocarbons;  
“gas meter” means an instrument designed to measure, memorise and display th e quantity of 
fuel gas (volume or mass) that has passed it  which is intended for residential, commercial or 
light industrial use ; 
“harmonised  standard”  has the meaning  set out in point  1(c) of Article  2 of Regulation  (EU)  
1025/2012  of the European  Parliame nt and of the Council  on European  standardisation( b) (as 
amended from time to time);  
“in writing” includes text that is — 
(a) transmitted by electronic means;  
(b) received in legible form; and  
(c) capable of being used for subsequent reference.  
“importer”  means  any person  who— 
(a) is established  within  the EU; and 
                                                                                                                                            
(a) OJ L 96, 29.3.2014, p. 149.  
(b) OJ L  316, 14.11.2012, p. 12.   4 (b) places  a measuring instrument  from  a third  country  on the EU market;  
“national accreditation body” has the meaning set out in point 11 of Article 2 of RAMS;  
“M marking” means th e sup plementary metrolo gy referred to in  regulation 54 
 “measuring instrument” has the meaning in regulation 3(1); 
“make  available  on the market”  means  any supply  for distribution,  consumption  or use on the 
EU market  in the cours e of a commercial  activity,  whether  in return  for payment  or free of 
charge, and related expressions  are to  be construed accordingly;  
“manufacturer” means a person  who manufactures a measuring instrument, or has such an 
article designed or manufactured,  a nd markets that measuring instrument under their name or 
trade mark  and, where the context requires,  the expression “manufacturer” also includes any 
person who is to be treated as a manufacturer by virtue of regulation 6(2); 
“market surveillance authority” means the Secretary of State acting in the capacity of market 
surveillance authority pursuant to the designation made by regulation 66 (the market 
surveillance authority);  
“material measure” means — 
(a) a material measure of length; or  
(b) a capacity serving measure;  
“material measure of length” means an instrument comprising scale marks whose distances 
are given in legal units of length;  
“non -prescribed measuring instrument ” means a measuring instrument of a kind referred to in 
regulation  3(3); 
“non -water liquid measuring system means  a measuring system for use for trade for the 
continuous and dynamic measurement of quantities of liquids other than water  where — 
(a) the system comprises a meter and all devices required to ensure correct measurement or 
intended to facilitate the measuring operations; and  
(b) the expression “meter” means an instrument designed to measure continuously, memorise 
and display the quantity at metering conditions of liquid flowing through the 
measurement transducer in a closed, fully charged conduit ; 
“normative document” means a document  containing technical specifications adopted by the 
International Organisation of Legal Metrology;  
“notified b ody” includes, where the context so requires, a notified body designated as such in 
another member State in accordance with the Directive;  
“notified body requirements” means the requirements set out in Schedule 5 (notified body 
requirements);  
 “place on th e market” means the first making available on the EU market, and related 
expressions are to  be construed accordingly;  
“putting into use” means the first use of a measuring instrument intended for the end -user for 
the purposes for which it was intended  and related expressions are to be construed 
accordingly ; 
“RAMS” means Regulation (EC) 765/2008  of the European Parliament and of the Council 
setting out the requirements for accreditation and market surveillance relating to the  marketing 
of products and repeal ing Regulation (EEC) No 339/93  (as from time to time amended) (a) 
“recall”  means  taking any  measure  aimed  at achieving  the return  of a measuring instrument  
that has already  been  made  available  to the end -user and related expressions are to be 
construed acco rdingly;   
“regulated measurin g instrument” means an instrument of the kind referred to in  regulation 
3(2); 
                                                                                                                                            
(a) OJ L 218, 13.8.2008, p. 30.   5 “relevant conformity assessment procedure” means , in relation to a particular  measuring 
instrument,  a conformity assessment procedure specified in Schedule 1 as being applicable to 
that instrument ; 
“relevant  economic  operator”  means,  in relation  to a measuring instrument,  an economic  
operator  with obligations  in respect  of that measuring instrument under Part 2 ; 
“re-qualificati on mark” means a mark or sticker, the design of which is published by  the 
Secretary of State  and which is affixed to a regulated measuring instrument in a ccordance with  
regulation 75 (requalification) ; 
 “sub-assembly” means a hard ware device mentioned as such in the instrument -specific 
annexes to the Directive that functions independently and makes up a measuring instrument 
together with other sub -assemblies with which it is compatible, or with a measuring 
instrument with which it is compatible;  
“taximeter” means a device that works together with a signal generator  to make a measuring 
instrument  with the device measuring duration, calculating distance on the basis of a signal 
delivered b y the distance signal generator  and calculatin g and displaying the fare to be paid for 
a trip on the basis of the calculated distance or the measured duration of the trip, or both;  
“technical documentation”  means documentation prepared in accordance with Chapter  2 of 
Part 3;  
“technical specification” means a  document  that prescribes  technical  requirements  to be 
fulfilled  by a measuring instrument;  
“thermal energy meter” means an instrument designed to measure the thermal energy which, 
in a thermal energy exchange circuit, is given up by a liquid called  the thermal energy -
conveying liquid  which is intended for residential, commercial or light industrial use  and  
includes the following sub -assemblies, flow sensors, temperature sensor pairs and calculators 
where the se are manufactured separately;  
“volume c onversion device” means a device fitted to a gas meter that automatically converts 
the quantity measured at metering conditions into a quantity at the specified conditions to 
which the measured quantity of fluid is converted ; 
“water meter” means  an instrum ent designed to measure, memorise and display, the volume at 
metering conditions of water passing through the measurement transducer for the 
measurement of volumes of clean, cold or heated water intended for residential, commercial or 
light industrial use  
“weights and measures authority” means a local weights and measures authority within the 
meaning set out in section 69 of the Weights and Measures Act 1985( a); and  
“withdraw”, when used in relation to a measuring instrument, means  taking any  measure  
aimed  at preventing  a measuring instrument  in the supply  chain  from  being  made  available  on 
the market and related expressions are to  be construed  accordingly.  
(2) Other expressions used in these Regulations have  in relation to their application to  
(a) Great Britain  the same meanings as in the Weights and Measures Act 1985 ; 
(b) Northern Ireland, the same meaning as it the  Weights and Measures (Northern Ireland) 
Order 1981( b). 
Meaning of “measuring instrument” and related expressions and the scope and application 
of the Regu lations  
3.—(1) In these Regulations the expression “measuring instruments” comprises the following — 
(a) water meters;  
                                                                                                                                            
(a) 1985 c.72; section 69 was amended by the Statute Law (Repeals) Act 1989 (c.43), Schedule 1, the Local Government etc. 
(Scotland) Act 1994 (c.39), Schedule 13, paragraph 144 and the Local Governme nt (Wales) Act 1994 (c.19), Schedule 16, 
paragraph 75.  
(b) S.I. 1981/231 (N.I.10) .  6 (b) gas meters and sub -assemblies for inclusion in , or attachment to , gas meters in the form 
of volume conversion devices ; 
(c) activ e electrical energy meters ; 
(d) thermal energy meters and any of the following sub -assemblies — 
(i) flow sensors;  
(ii) temperature sensor pairs; and  
(iii) calculators  
(e) non-water liquid measuring systems ; 
(f) automatic weighing instruments of the following kinds — 
(i) automatic catchwe ighers;  
(ii) automatic gravimetric filling instruments;  
(iii) discontinuous totalisers;  
(iv) beltweighers ; and  
(v) automatic rail weighbridges;  
(g) taximeters;  
(h) material measures;  
(i) dimensional measuring instruments; and  
(j) exhaust gas analysers.  
(2) Subject to paragraph (4) and Schedule 2, these Regulations (other than Part 3) apply  to 
measuring instruments  of the following descriptions (referred  to in these Regulations as “regulated 
measuring instruments”) — 
(a) water meters used for trade for the suppl y of potable water in the temperature range from 
0.1°C to and including 30°C ; 
(b) gas meters for use for trade except a gas meter which is used under an agreement 
providing for the supply of a quantity of gas at a rate of flow which, if measured at a 
temperatu re of 15°C and a pressure of 1013.25 millibars, would exceed 1600 cubic 
meters an hour (or the equiva lent quantity in kilograms)  
(c) Active electrical energy meters for use for trade other than an instrument which is used 
under an agreement providing for the s upply of  active electrical energy where — 
(i) the maximum quantity supplied exceeds 100 kilowatts per hour; and  
(ii) the instrument provides measurement on a half -hourly basis;  
(d) non-water liquid  measuring syste ms of the following descriptions — 
(i) a measuring system whic h is used for the continuous and dynamic measuremen t of a 
liquid fuel, lubricant or  a mixture of fuel and lubricant in a quantity not exceeding 
100 litres or 100 k ilograms other than — 
(aa) liquefied petroleum gas; or  
(bb) liquefied natural gas;  
(ii) a meter measuring sys tem (other than one used in connection with the refuelling of 
aircraft, ships or hovercraft) which is used for the continuous and dynamic 
measurement of liquid fuel in a quantity exceeding 100 litres or 100 kilograms 
delivere d from a road tanker other than — 
(aa) liquefied gases;  
(bb) lubricating oils;  
(cc) liquid fuels of a temperature below -153°C; or  
(dd) liquid fuels of a dynamic viscosity exceeding 100 millipascal seconds at 15°C;  
(e) automatic weighing instruments of the following kinds which are for use for trade —  7 (i) automatic gravimetric filling instruments;  
(ii) automatic catchweighers (other than automatic checkweighers and automatic weight 
grading instruments);  
(iii) automatic rail -weighbridges;  
(iv) beltweighers; and  
(v) discontinuous totalisers;  
(f) taximeters intended for use for the p rotection of consumers;  
(g) material measures which are for use for trade o f the following kinds —  
(i) material measures of length (excluding dipping and strapping tapes);  
(ii) capacity serving measures for the measurement of draft beer or cider of the following 
capacities: 1/3 pint, , ½ pint,  2/3 pint, 1 pint, 2 pints, 4 pints, 8 pints and 16 pints;  
(iii) capacity serving measures for the measurement of liquids other than draft beer or  
cider ( a) of the following capacities in millilitres (ml) and litres (l): 5  ml, 10  ml, 20  
ml, 25 ml , 35 ml, 50  ml, 70  ml, 100  ml, 125  ml,150  ml, 175  ml, 200  ml, 250 ml, 500  
ml, 1  l, 2 l, 2.5  l, 5 l, 10 l and 20  l;  
(h) Exhaust gas analysers intended for use for the protection of the environment a nd public 
health except where the exhaust gas analyser include s or is connected to a device which is 
not used for the protection of the environ ment and public health;  
(3) These Regulations (other than Part  2) apply  to measuring instruments which are not  
regulated measuring instruments (such instruments being referred to in these Regulations as “non -
prescribed measuring instruments” ). 
(4) These Regulations do not apply to the inst ruments listed in Schedule 2 . 
Revocations  and transitional and consequential provisions  
4. Schedule 3 (revocations, and transitional and consequential provisions) has effect . 
Exception for trade fairs, exhibitions and demonstration  
5. Nothing in these Regulations prevents the showing and use of a regulated measuring 
instrument which is not in conformity with Part 2, at a trade fair, exhibition or demonstra tion for 
the marketing of regulated measuring instruments, provided that a visible sign clearly indicates — 
(a) the name and date of the trade fair or exhibition;  
(b) that the instrument is not in conformity with Part 2; and  
(c) that the instrument is not available for  sale until brought into conformity.  
                                                                                                                                            
(a) The Weights and Measures (Intoxicating Liquor) Order 1988 (add refs) makes provision as to the units of measurem ent and 
capacities that may be used in relation to certai n intoxicating liquors.   8 PART 2 
REGULATED MEASURING INSTRUMENTS – OBLIGATIONS OF ECONOMIC 
OPERATORS  
CHAPTER 1 
OBLIGATIONS OF MANUFACTURERS AND PERSONS TO BE TREATED AS 
MANUFACTURERS  
Introductory  
6.—(1) This Chapter applies in relation to the placing on the mar ket or the putting into use of a 
regulated measuring instrument by a manufacturer.  
(2) The obligations in this Chapter also apply to  an importer or distributor who — 
(a) places a mea suring instrument on the market under his name or trade mark; or  
(b) modifies a measuring instrument on the market under his name in such a way that 
compliance with the requirements of these Regulations may be affected;  
and the expression “manufacturer” is to be construed accordingly.  
Manufacturers’ responsibilities  – design  , conformity assessment and marking of instruments  
7. A manufacturer must not place o n the market or put into use a  measuring  instrument unless  
the manufacturer has — 
(a) designed and manufacture d the instrument in accordance with the essential requirements;  
(b) drawn up technical documentation in relation to the instrument;  
(c) carried out (or procured the carrying out of) the relevant conformity assessment 
procedure which has demonstrated compliance of the instrument with the applicable 
requirements;  
(d) drawn up an EU declaration of conformity; and  
(e) affixed to the instrument — 
(i) the CE marking ; 
(ii) the M marking ; and  
(iii) the number of the notified body which carried out the conformity assessment 
procedure in re spect of  the instrument (except where the procedure is carried out 
pursuant to  regulation  43 (capacity serving measures - accredited in house bodies) ). 
Manufacturers – obligations in respect of records  
8.  A manufacturer must  keep the technical documentation and the EU declaration of conformity 
for a period of 10 years beginning with the day after the day on which the instrument to which it 
relates has been placed on the market  
Manuf acturers’ obligations to ensure  continuing c onformity with essential requirements  
9.—(1) Manufacturers must have procedures in place for series production of regulated 
measuring instruments by them to ensure that instruments so manufactured continue to meet the 
essential requiremen ts.  
(2) The proced ures mentioned in paragraph (1) must be sufficient ly adequate  to take account of 
changes in —  
(a) measuring instrument design or characteristics ; and   9 (b) changes in the harmonised standards, normative docume nts or in other technical 
specifications by reference to which the conformity of the regulated me asuring instrument 
is declared.  
(3) When deemed appropriate with regard to the performance of a measuring  instrument, 
manufacturers must —  
(a) carry out sample testing  of measuring instruments manufactured by them made available 
on the m arket;  
(b) investigate complaints about measuring i nstruments manufactured by them;  
(c) if necessary, keep a register of:  
(i) complaints;  
(ii) non-conforming measuring instruments; and  
(iii) measuring instrume nt recalls; and  
(d) keep distributors informed of any  monitoring undertaken by them.  
Manufacturers ’ obligations in relation to the marking of instruments  with serial numbers 
etc. 
10.—(1) A manufacturer  must ensure that a regulated measu ring in strument  which that 
manufacturer  has placed on t he market bears a type, batch or serial number or other element 
allowing identification  of that instrument .  
(2) Paragraph (1) does not apply where the dimensions of the instrument are too small or it is of 
too s ensitive a composition to allow it to bear the information required by that paragraph and in 
such a case the information must be marked on the instrument’s packaging (if any) and the 
accompanying documents required by these Regulations.  
Manufacturers to m ark contact details on instruments where possible  
11.—(1) A manufacturer  must indicate on  every  regulated measuring instruments manufacture d 
by that manufacturer, the manufacturers  name, registered trade name or registered trade  mark and 
the postal address at which the manufacturer  can be contacted.  
(2) Paragraph (1) does not apply where the dimensions of the instrument are too small or it is of 
too sensitive a composition to allow it to bear the information required b y that paragraph and in 
such a case the information must be marked on the instrument’s packaging (if any) and the 
accompanying documents required by these Regulations.  
(3) The address required by this regulation must indicate a single point at which the 
manufa cturer can be contacted.  
(4) The contact details required by this regulation must be in a language easily understood by 
end-users and market surveillance authorities.  
Documentation to accompany regulated measuring instruments  
12.—(1) A m anufa cturer  must ensure that regulated meas uring instruments that that 
manufacturer has  placed o n the market are accompanied by — 
(a) a copy of the EU declaration of conformity relating to the instruments ; 
(b) information on the operation of the instrument includi ng, wh ere relevant, the following — 
(i) rated operating conditions;  
(ii) mechanical and electromagnetic environment classes;  
(iii) the upper and lower temperature limit, whether condensation is possible or not, open 
or closed location;  
(iv) instructions for installation, maintenance , repairs, permissible adjustments;  
(v) instructions for correct operation and any special conditions of use;   10 (vi) conditions for compatibility with interfaces, sub -assemblies or measuring 
instruments.  
(2) Paragraph (1)(b) does not apply where the simplicity of the measuring instrument makes the 
supply of the information referred to in that paragraph unnecessary.  
(3) Information supplied in accordance with this regulation must be in a language  that can easily 
be understood by end -users.  
(4) Instructions and labelling for regulated measuring instruments must be clear, understandable 
and intelligible.  
Action to be taken where measuring instrument placed on the market  is not in conformity 
with essent ial requirements  
13.—(1) This regulation applies where a manufacturer considers or has reason to believe that a 
measuring instrument placed on the market by that manufacturer is not in conformity with the 
requirements of these Regulations.  
(2) The manufacturer must  immediately take the corrective measures necessary t o bring the 
instrument into conformity or withdraw or recall it, if appropriate.  
(3) Where the instrument presents a risk, the manufacturer must immediately inform the 
competent nationa l authorities of the Member States in which the measuring instrument has been 
made available on the market to that effect giving details, in particular, of the non -compliance and 
of the corrective measures taken.  
Provision of information to the competent a uthority  
14.—(1) A manufacturer must, further to a reasoned request from a competent authority , provide 
the competent authority with all the information and documentation in paper or electronic form 
necessary to demonstrate the conformity of the measuring instrument with the re quirements of 
these Regulations or the Directive.  
(2) Information supplied pursuant to this regulation must be supplied  in English.  
(3) A manufacturer must co -operate with a competent authority, at the request of that authori ty, 
on any action to eliminate the risks posed by instruments that the manufacturer has placed on the 
market.  
Use of authorised representatives by manufacturers  
15.—(1) A manufacturer may, by a written mandate, appoint an authorised repres entative to 
discharge its responsibilities under these Regulations in relation to the placing on the market of a 
measuring instrument.  
(2) A representati ve appointed under paragraph (1) may not discharge the manufacture r’s 
obligations under  regulation 7(a) and 7(b). 
(3) An authorised representative shall be  treated as being authorised to — 
(a) keep the EU declaration of conformity and the technical documentation at the disposal of 
the competent surveillance authority for 10 years after the measuring instrument has been 
placed on the market;  
(b) further to a reasoned request from a competent authority, provide that authority with all 
the information and d ocumentation necessary to demonstrate the conformity of a 
measuring instrument; and  
(c) cooperate with a competent authority, at their request on any action taken to eliminate the 
risks posed by measuring instruments covered by their mandate.  
Offences by manuf acturers  
16. A manufacturer is guilty of an offence if the manufacturer contravenes  any requirement  of—  11 (a) Regulation  7 (manufacturers’ responsibilities – design, conformity assessment and 
marking of instruments ); 
(b) regulat ion 8 (manufacturers’ obligations  in respect of records);  
(c) regulation  9 (manufacturers’ obligations to ensure continuing conformity with essential 
requirements);  
(d) regulation 10 (manufacturers’ obligations in relation to marking of instruments  with serial 
numbers ); 
(e) regulation 11 (manufacturers to mark contact details  on instruments where possible);  
(f) regulation 12 (documentation to accompany regulated measuring instruments) ; 
(g) Regulation 13 (Action to be taken where measuring instrument placed on the market is 
not in confo rmity with essential requirements); or  
(h) Regulation 14 (provision of information to the competent authority).  
CHAPTER 2 
OBLIGATIONS OF IMPORTERS  
Intro ductory  
17. This chapter applies to the placi ng on the market or the putting into use of a regulated 
instrument from a country outside the European Union that is imported into the United Kingdom.  
Ensuring compliance of regulated instruments  
18.—(1) An impo rter must only place complia nt measuring instruments on the market . 
(2) An importer must  ensure that — 
(a) the appropriate conformity assessment proc edure  has been carried out by the 
manufacturer of the instrument  (or by the importer where the importer is to be regarded as 
the manufacturer b y virtue of Chapter 1) ; 
(b) the manufacturer has drawn up the technical documentation  (or that the importer has done 
so where the importer  is treated as the manufacturer) ; 
(c) the measuring instrument bears the CE marking and t he M marking ; 
(d) the measuring instrumen t is accompanied by a copy of the EU declaration  of conformity 
and the documents  referred to in regulation 12 (documentation to accompany regulated 
instruments) ; and  
(e) the manufacturer  (or the importer where he is treated as the manu facturer)  has complied 
with the requirements of regulation s 10 (manufacturers’ obligations in relation to the 
marking of instruments with serial numbers) and 11 (manufacturers to mark contact 
details on ins truments where possible) . 
Importers duty to notify manufacturer and market surveillance authorities of non -compliant 
instruments that present a risk  
19. Where an importer considers or has reason to believe that the measuring instrument is not in 
conformity wi th the essential requirements and presents a risk, the importer shall inform the 
manufacturer and the market surveillance authorities.  
Requirements to mark importers’ details on instruments  
20.—(1) An importer must  indicate on measuring in struments imp orted by that importer , their 
name, registered trade name or trademark and the postal address at which they can be contacted.  
(2) Where an instrument is too small or of too sensitive a composition to allow it to bear the 
information required by pa ragraph  (1), such information must be marked on any packaging in 
which the instrument is supplied and on any accompanying documents.   12 (3) Any contact details must be written in a language that is easily understood by end -users of 
the me asuring instrument  and market surveillance authorities . 
Importers’ duty to ensure that regulated measuring instruments are accompanied by 
relevant documentation  
21. An importer  must ensure that measur ing instruments imported by that importer  are, where 
releva nt, accompanied by the following instructions and information  in a language that is easily 
understood by end -users of the measuring instrument — 
(a) rated operating conditions;  
(b) mechanical and electromagnetic environment classes ; 
(c) the upper and lower temperature  limit, whether condensation is possible or not, open or 
closed location;  
(d) instructions for installation maintenance, repairs, permissible adjustments;  
(e) instructions for correct operation and any special conditions of use; and  
(f) conditions for compatibility wi th interfaces, sub -assemblies or measuring instruments.  
Duty of importers to ensure proper conditions of storage and transport  
22. An importers must, in respect of m easuring instruments under the importers’s  responsibility 
ensure that the conditions of their storage or transport are not such as to jeopardise their 
continuing compliance with the essential requirements.  
Duties of importers with regard to monitoring etc.  
23.—(1) When deemed appropriate with regard to the performance of a regulate d measuring 
instrument imported by an importer, the importer must — 
(a) carry out a sample testing of measuring instruments made available on the market by the 
importer;  
(b) investigate complaints about manufacturing instruments imported by them; and  
(c) if necessary, keep a register of — 
(i) complaints;  
(ii) conforming measuring instruments; and  
(iii) measuring instrument recalls; and  
(d) where the importer is not also the distributor of the instrument,  keep distributors to 
whom the importer has supplied an instrument informed of any mon itoring undertaken by 
them.  
Action to be taken by importers where measuring instruments placed on the market by them 
are not in conformity with essential requirements  
24.—(1) This regulation applies where an importer considers or has reaso n to believe that the 
measuring instrument is not in conformity with the requirements of these Regulations.  
(2)  Where this regulation applies, the importer shall immediately take the corrective measures 
necessary to bring it into conformity or withdraw or rec all it, if appropriate.  
(3) Where the measuring instrument presents a risk, the importer shall immediately inform the 
competent authority to that effect, giving details, in particular, of the non -compliance and of the 
corrective measures taken  by that importer .  13 Requirement for importer to keep copy of EU declaration of conformity  
25. An importer must, for a period of 10 years beginning with the day after the day on which the 
measuring instrument is placed on the market, keep a copy of the EU declaration of conform ity at 
the disposal of the market surveillance authorities and  ensure that the technical documentation 
can be made available to those authorities upon request.  
Provision of information to the competent authority  
26.—(1) The importer must,  further to a reasoned opinion from a competent authority, provide 
the competent authority with all the information and documentation in paper or electronic form 
necessary to demonstrate the conformity of the measuring instrument with the requirements of 
these Regulations or the Directive.  
(2) Information and documentation supplied to a competent authority pursuant to this regulation 
must be supplied English.  
(3) Importers must co -operate with a competent authority, at its request on any action to 
eliminate the ris ks posed by measuring instruments that they have placed on the market.  
Offences by importers  
27. An importer is guilty of an offence if the importer contravenes  any requirement  of— 
(a) regulation 18 (ensuring compliance o f regulated instruments);  
(b) regulation 19 (importers ’ duty to notify manufacturer and market surveillance authorities 
of non -compliant instruments that present a risk);  
(c) regulation 20 (importers – requirements to mark their details on instruments) ; 
(d) regulation  21 (importers’ duty to ensure that regulated measuring instruments are 
accompanied by relevant documentation);  
(e) regulation  22 (duty of importers to ensure proper conditions of storage and transport);  
(f) regulation 23 (duties of importers with regard to monitoring etc.);  
(g) regulation 24 (action to be taken by importers  where measuring instruments placed on the 
market by them are not in conformity with essential requirements);  
(h) regulation 25  (requirement for importer to keep copy of EU declaration of conformity) ; 
or 
(i) regulation 26 (provision of information to the competent authority) . 
CHAPTER 3 
OBLIGATIONS OF DISTRIBUTORS  
Introductory  
28. This chapter app lies in relation to the making available on the market or putting into use of a 
regulated measuring  instrument by a distributor.  
Distr ibutors  – duty to act with due care  
29. Before making the regulated measuring instrument available on the market or putting it into 
use, the distributor must act with due care in relation to the requirements of these Regulat ions.  
Distributors – verification obligations  
30.—(1) The distributor must verify that the regulated measuring instrument bears the CE 
marking and the  M marking . 
(2) The distributor must verify that the regulated measuring instrument is acco mpanied by —   14 (a) a copy of the EU declaration of conformity relating to it; and  
(b) information on the operation of the instrument includi ng where relevant the following — 
(i) rated operating conditions;  
(ii) mechanical and electromagnetic environment classes;  
(iii) the upper and l ower temperature limit, whether condensation is possible or not, open 
and closed location  
(iv) instructions for installation, maintenance, repairs, permissible adjustments;  
(v) instructions for correct operation an d any special conditions of use; and  
(vi) conditions for  compatibility with interfaces, sub -assemblies or measuring 
instruments.  
(3) Paragraph (2)(b) does not apply where the simplicity of the measuring instrument makes the 
supply of the information referred to in t hat paragraph unnecessary.  
(4) Information supplied in accordance with this regulation must be in a language that can be 
easily understood by end -users.  
(5) The distributor must verify that the manufacturer and the importer have complied with th e 
requirements set out in regulation 10 (manufacturers’ obligations in relation to the marking of 
instruments with serial numbers etc.) , 11(manufacturers to mark contact details on instruments)  
and 20 (requirements to mark importers’ details on instruments).  
Distributors  not to make non -conforming  regulated measuring instruments available on the 
market etc.  
31.—(1) This regulation applies where a distributor considers, or  has reason to believe, that 
regulated measuring instru ment  is no t in conformity with the  essential requirements . 
(2) Where this regulation applies, the distributor must  not make the measuring instrument 
available on the market or put it into use until it has been brought into conformity . 
(3) Where the instrument presents a risk, the distributor must immediately inform — 
(a) the manufacturer;  
(b) importer (where the distributor is not also the manufacturer or importer); and  
(c) the market surveillance authorities,  
to that effect, giving details, in particular, of the non -compliance of the instrument and of the 
corrective measures taken by that distributor.  
Duty of distributors to ensure proper conditions of storage and transport  
32. A distributor must, in respect of instruments under his responsibility, ensure that the 
conditions of their storage or transport are not such as to jeopardise their continuing compliance 
with the essential requirements.  
Action to be taken by distributors where regulated instruments placed on the market by 
them are not in conformity with essential requirements  
33.—(1) This r egulation applies where a distributor considers, or  has reason to believe, that a 
regulated measuring instrument placed on the market or put into use by that distributor  is not in 
conformity with the requirements of these Regulations.  
(2) Where this regulation  applies, the distributor must immediately take the corrective measures 
necessary to bring the instrument into conformity or withdraw or recall it, if appropriate.  
(3) Where the instrument presents a risk, the distributor must immediately inform the competent 
authority to that effect, giving details, in particular, of the non -compliance of the instrument and of 
the corrective measures taken by that importer.   15 Provision of information to the competent authority  
34.—(1) The distributor must, furth er to a reasoned opinion from a competent authority, provide 
that authority with all the information and documentation in paper or electronic form necessary to 
demonstrate the conformity of the instrument with the requirements of these Regulations.  
(2) Inform ation and documentation supplied to a competent authority in the United Kingdom 
pursuant to this regulation must be supplied English.  
(3) An importer must co -operate with a competent authority, at the request of that authority, as 
regards any action to elimin ate the risks posed by any instrument that the importer has placed on 
the market.  
Offences by distributors  
35. A distributor is guilty of an offence if he contravenes the provisions of — 
(a) regulation 29 (distrib utors – duty to act with care ); 
(b) regulation 30 (distributors – verification obligations ); 
(c) regulation 31 (distrib utors not to make non -conforming  regulated measuring instruments 
available on the market etc.) 
(d) regulation 32 (duty of distributors to ensure proper conditions of storage and trans port); 
(e) regulation 33  (action to be taken by distributors where measuring instruments placed on 
the market by them a re not in conformity with essential requirements);  or 
(f) regulation 34 (provision of information to the competent authority ). 
CHAPTER 4 
IDENTIFICATION OF ECONOMIC OPERATORS  
36.—(1) Economic operators must, on  request, identify  to the market surveillance authorities — 
(a) any economic operator who has supplied them with a regulated measuring instrument;  
and 
(b) any economic operator to whom they have supplied a regulate d measuring instrum ent. 
(2) Economic operators must be able to present the information referred to in paragraph (1) for 
10 years after they have been supplied with the measuring instrument and for 10 years after they 
have supplied the measuring instrument.  
(3)  An economic operator who contravenes this regulation is guilty of an offence . 
PART 3 
NON -PRESCRIBED MEASURING INSTRUMENTS  
Introductory  
37. This Part applies where a manufacturer wishes to place on the market or put into use a non -
prescribed measuring inst rument  in another member State  where that measuring instrument must 
comply with the essential requirements under the law  relating to legal metrological control  of that 
member State.  
Establishing compliance with the essential requirements – non-prescribed m easuring 
instruments  
38. A manufacturer may demonstrate compliance with the essential requirements  in respect of a 
non-prescribed measuring instrument in the same manner as a regulated measuring instrument and  
the requirements of Part 4 accordingly apply .  16 PAR T 4 
CONFORMITY OF MEASURING INSTRUMENTS  
CHAPTER 1 
ESTABLISHING COMPLIANCE WITH THE ESSENTIAL REQUIREMENTS  
Introductory  
39. This chapter applies  for the purposes of establishing  whether a measuring instrumen t 
(whether it is a regulated measuring instrument or a non -prescribed measuring instrument) 
complies with the essential requir ements . 
Methods of establishing conformity with the essential requirements  
40. Conformity with the essential requirements may be esta blished in relation to a measuring 
instrument — 
(a) through conformity with harmonised standards or parts of those standards covering the 
essential re quirements where the harmonised standards have been published in the 
Official Journal of the European Union;  
(b) through conformity with parts of normative documents  which cover the essential 
requirements where the parts of the normative documents have been included in a list 
published in the Official Journal of the European Union; or  
(c) the use by the manufacturer of any  other technical solution that complies with the 
essential requirements . 
Presumption s of conformity of measuring instruments  
41.—(1) Measuring instruments which are in conformity with harmonised standards (or parts of 
those standards)  of a kind mentioned in regulation 40(a)  , are to  be presumed to be in conformity 
with the essential requirements covered by those standards (or parts of those standards).  
(2) Measuring instruments which are in  conformity with parts of norm ative documents of  a kind 
mentioned in regulation 40(b) , are to  be presumed to  be in conformity with the essential 
requirements covered by those parts of normative documents.  
(3) To benefit from a presumption of conformity under para graphs (1) or (2), the manufacturer 
must correctly apply solutions mentioned in the relevant harmonise d standards or  in the normative 
documents.  
(4) Compliance with the appropriate  tests mentioned in regulation 48(1)(i)  is to be presumed if 
the corresponding test programme has been  performed in accordance with the documents 
mentioned in paragraphs  (1) and (2) and if the tes t results ensure compliance with the essential 
requirements . 
Conformity assessment procedures  and records and correspondence relating to procedures  
42.—(1) Conformity assessment of a measuring instrument with the essential requirements mus t 
be established by the application at the choice of the  manufacturer, of one of the conformity 
assessment procedures listed as applicable in relation to the measuring instrument in Schedule 3.  
(2) A notified body must carry out conformity assessment procedure  selected by the 
manufacturer  in accordance with t he requirements of Schedule 3 . 
(3) The documents and correspondence relating to the conformity assessment procedures 
referred to in this regulation and which are carried out in the United Kingdom must be drawn up in 
English.   17 Capacity serving measures - accredited in house bodies  
43.—(1) This regulation applies to capacity serving measures.  
(2) An accredited in -house body may be used to carry out conformity assessment activities for 
the undertaking o f which it forms part for the purposes of implementing the procedures set out in 
point 22 (Module A2) of Annex II  to the Directive as from time to time amended .  
(3) The body must constitute a separate and distinct part of the undertaking and must not 
particip ate in the design, production, supply, installation, use or maintenance of the measuring 
instrument it assesses . 
(4) An accredited in -house body must meet the following requirements — 
(a) it must be accredited in accordance with Regulation (EC) No 765/2008;  
(b) the bod y and its personnel must be organisationally identifiable and have reporting 
methods within the undertaking of which they form a part which ensure  their impartiality 
and demonstrate it to the relevant national accreditation body;  
(c) neither the body, not its personnel shall be responsible for the design, manufacture, 
supply, installation, operation or maintenance of the measuring instruments they assess 
nor shall they engage in any activity that might conflict with their independence of 
judgment or integrity i n relation to their assessment activities; and  
(d) it must supply its services exclusively to the undertaking of which it forms a part.  
(5) An accredited in -house body need  not be notified to the notifying authority or the 
Commission, but information concerning it s accreditation must be given by the undertaking of 
which it forms part to the notifying authority at the request of that authority.  
Subsidiaries and contractors  
44.—(1) Where a notified body subcontracts specific conformity assessment act ivities, or has 
such activities carried out by a subsidiary, the activities are only to be treated as having been 
carried out by a notified body for the purposes of regulation 42 (conformity assessment procedures  
and records and co rrespondence relating to procedures ) where the conditions in paragraphs (2) and 
(3) are met.  
(2) The notified body must — 
(a) ensure that the subcontractor or subsidiary meets the notified body requirements; and  
(b) inform the Secretary of State accordingly.  
(3) The notified body must have obtained the agreement of the client to the use of a 
subcontractor or subsidiary.  
(4) Where a notified body subcontracts specific conformity assessment activities, or has such 
activities carri ed out by a subsidiary, the notified body must for a period of at least 10 years 
beginning on the day on which the activities are carried out, keep at the disposal of the Secretary 
of State the documentation concerning — 
(a) the assessment of the qualifications  of the subcontractor or the subsidiary; and  
(b) the conformity assessment activities carried out by the subcontractor or subsidiary.  
(5) When monitoring a notified body in accordance with regulation 61, the Secretary of St ate 
must treat the notified body as responsible for the tasks performed by a subcontractor or 
subsidiary, wherever the subcontractor or subsidiary is established.  
Fees 
45.—(1) A United King dom notified body may charge fee s in connection wi th, or incidental to, 
the carrying out of conformity assessment procedures or specific tasks as it may determine.  
(2) The fees referred to in paragraph (1) shall not exceed the following — 
(a) the costs incurred or to be incurred by the Uni ted Kingdom  notified body in performing 
the relevant function; and   18 (b) an amount on account of profit which is reasonable in the circumstances  having regard  
to— 
(i) the character and extent of the work done or to be done by that notified body on 
behalf of the appl icant; and  
(ii) the commercial rate normally charged on account of profit for that work or similar 
work.  
(3) The power in paragraph (1) includes the power to require payment of fees or a reasonable 
estimate of such fees in advance of carryi ng out the work requested by the applicant.  
(4) Where any fees payable to a United Kingdom notified body pursuant to this regulation 
remain unpaid 28 days after either the work has been requested  or payment of the fees has been 
requested in writing, whichever is the later, the notified body may by 14 days’ notice in writing 
provide that, unless the fees are paid before the expiry of the notice, the certificate  or notification 
appropriate to the relevant conformity assessment procedure may be suspended until pa yment of 
the fees has been received.  
(5) This regulation does not apply in relation to functions of the Secretary of State under these 
regulations.  
CHAPTER 2 
REQUIREMENTS AS TO THE TECHNICAL DOCUMENTATION REQUIRED FOR THE 
PURPOSES OF C ONFORMITY ASSESSMENT  
Application of this chapter  
46. The technical documentation required for the purposes of conformity assessment under these 
Regulations must satisfy the requirements of this Chapter.  
General requirements to be met by technical documentatio n 
47.—(1) The technical documentation must:  
(a) render the design, manufacture and operation of the measuring instrument intelligible; 
and 
(b) permit an assessment of its conformity with the applicable requirements of the Directive  
(as from time to time amended) . 
(2) The technical documentation must be sufficiently detailed to ensure compliance with the 
following requirements — 
(a) the definition of the metrological characteristics;  
(b) the reproducibility of the metrological performances of produced measuring  instruments 
when properly adjusted using appropriate intended means;  and 
(c) the integrity of the measuring instrument.  
Specific information to be included in technical documentation  
48.—(1) The technical documentation must , insofar as releva nt for assessment and identification  
of either the measuring instrument  or its type (or both) , must include the following information:  
(a) a general description of the measuring instrument;  
(b) the conceptual design and manufacturing drawings and plans of compon ents, sub -
assemblies, circuits etc.;  
(c) manufacturing procedures to ensure consistent production;  
(d) if applicable, a description of the electronic devices with drawings, diagrams, flow 
diagrams of the logic and general software information explaining their char acteristics 
and operation;   19 (e) descriptions and explanations necessary for the understanding of the information referred 
to in paragraphs (b) to (d); 
(f) a list of any harmonised standards and normative documents w hich have been applied in 
full or in part, the references of which have been published  in the Official Journal of the 
European Union;  
(g) descriptions of the solutions adopted to meet the essential requirements where 
harmonised standards or normative document s have not been applied, including a list of 
other relevant technical specifications applied;  
(h) results of design calculations, examinations etc.  
(i) the appropriate test results, where necessary to demonstrate that the type and/or 
measuring instruments comply w ith the following:  
(i) the requirements of this Directive under declared rated operating conditions and 
under specified environmental disturbances; and  
(ii) the durability specifications for gas -, water -, thermal, energy meters as well as for 
liquids other than wat er; and  
(j) the EU -type examination certificates or EU design examinations certificates in respect of 
measuring instruments containing parts identical to those in the design.  
(2) The manufacturer must specify where seals and markings have been applied.  
(3) The manufac turer must indicate the conditions for compatibility with interfaces and sub -
assemblies where relevant.  
CHAPTER 3 
REQUIREMENTS RELATING TO EU DECLARATIONS OF CONFORMITY  
Application of chapter  
49. This chapter applies in relation to EU  declarations of conformity made in relation to a 
measuring instrument for the purposes of these Regulations.  
Form and contents of EU declaration of conformity etc.  
50.—(1) The EU declaration of conformity for a measuring instrument must — 
(a) state that the fulfilment of the essential requirements has been  demonstrated in relation to 
the measuring instrument;  
(b) contain the elements specified in the relevant conformity assessment modules set out in 
Annex II to the Directive  (as from time to time a mended)  and be updated when 
appropriate ; 
(c) have the model structure set out in Annex XI II to the Directive (as from time to time  
amended ) 
(2) Where a regulated measuring instrument is placed or made available on the market, the 
declaration of conformity in relat ion to the instrument must be in English . 
Measuring instruments that require more than one declaration of conformity  
51.—(1) This regulation applies where a measuring instrument is subject to a requirement of 
European Union Legislation for  an EU declaration of conformity otherwise than by virtue of these 
Regulations.  
(2) Where this regulation applies, a single EU declaration of conformity must be drawn up 
covering all applicable requirements which identifies the Union acts concerned including t heir 
publication references.   20 Responsibility of manufacturer that draws up declaration of conformity  
52. A manufacturer,  who draws up an EU declaration of conformity in relation to a measuring 
instrument, is responsible for compliance of the measuring instrume nt with the requ irements of the 
Directive  (as from time to time amended) and these Regulations.  
CHAPTER 4 
CONFORMITY MARKING  
Conformity with Directive requirements to be indicated by the CE marking  
53. The conformity with th e requirem ents of the Directive and these Regulations must be 
indicated by the presence on it of the CE marking and the supplementary metrology marking.  
General principles  relating to the M marking  
54.—(1) The supplementary metrology marking  affixed  to a measuring instrument under these 
Regulations  (referred to in these Regulations as the “M mark ing”) must consist of the capital letter 
‘M’ and the last two digits of the year of its affixing surrounded by a rectangle, the height of 
which is equal to t hat of the CE mark applied to that instrument . 
(2) The general principles set out in arti cle 30 of RAMS  apply to the M Marking with such 
modifications as are necessary in the circumstances.  
Rules and conditions for affixing the CE marking and the supplementar y metrology 
marking etc.  
55.—(1) The CE marking and the M marking (“the markings”) must be affixed to a measuring 
instrument in accordance with the provisions of this regulation.  
(2) The markings must be affixed visibly, legibly to the instrum ent or its data plate.  
(3) Paragraph (2) does not apply where it is not possible or not warranted on account of the 
nature of the measuring instrument, in which case the markings must be affixed to the documents 
which accompany the mea suring instrument and any packaging.  
(4) When a measuring instrument consists of a series of devices, not being sub -assemblies, 
operating together, the markings must be affixed on the instrument’s main device.  
(5) The markings must be affixed before the instrument  is placed on the market.  
(6) The markings may be affixed to the instrument during the fabrication process, if justified.  
(7) The M marking must immediately follow the CE marking.  
(8) The markings must immediately be followed by the identification  number  of the notifi ed 
body where that body is involved in the production control phase as set out in Annex II to the 
Directive  (as from time to time amended)  
(9) The identification number of the notified body referred to in paragraph (8) must:  
(a) be affixed  by the body itself, or under its instructions by the manufacturer or his 
authorised representative  
(b) be indelible or self -destructive upon removal.  
(10) The markings and (where applicable) the identification number of the notified body may be 
followed by any oth er mark indicating a special risk or use.   21 PART 5 
NOTIFICATION OF CONFORMITY ASSESSMENT BODIES  
Introductory  
56.—(1) This Part applies to the notification to the European Commission and other member 
States of the bodi es authorised to carry out conformity assessment procedures in the United 
Kingdom in relation to measuring instruments.  
(2) For the purposes of this Part, a notified body is a conformity assessment body — 
(a) which has been notified to the European Commission and t o other me mber States u nder 
regulation 58 (notification); and  
(b) in respect of which no objections are raised by the European Commission or other 
member States — 
(i) within 2 weeks of a notification, where an accreditation certificate is u sed; or  
(ii) within 2 months of a notification, where accreditation is not used.  
(3) Paragraph (2) has effect subject to regulation 63 (changes to notifications).  
The notifying authority  
57.—(1) The notifying authority for the purposes of these Regulations is the Secretary of State.  
(2) The functions of the notifying authority are — 
(a) to assess whether applicants for recognition as conformity assessment bodies meet the 
requirements for recognition as such;  
(b) where an assessment that a body is qualified to act as a conformity assessment body is 
made, to notify the Commission of the European Union of that fact; and  
(c) to carry out such monitoring of bodies notified to the Commission to ensure continuing 
compliance with the requirements of these Regulations..  
(3) The notifying authority may delegate the performance of its functions to a body that meets 
the requirements of Articles 24(3) and 25 of the Directive but in the event of such a delegation the 
notifying authority  remains fully responsible for the performance of those functions.  
Notification  
58.—(1) The Secretary of State may notify to the European Commission and the other member 
States only those conformity assessment bodies that qualify for notif ication.  
(2) A conformity assessment body qualifies for notification if the first and the second conditions 
below are met.  
(3) The first condition is that the conformity assessment body makes an application to the 
Secretary of State for notification and that appli cation is accompanied by — 
(a) a description of — 
(i) the conformity assessment activities that the conformity assessment body intends to 
carry out;  
(ii) the conformity assessment module for which the conformity assessment body claims 
to be competent; and  
(iii) the measuring i nstrument for which the conformity assessment body claims to be 
competent; and either  
(b) an accreditation certificate; or  
(c) the documentary evidence necessary for the Secretary of State to verify, recognise and 
regularly monitor the conformity assessment body’s  compliance with the notified body 
requirements.   22 (4) The second condition is that the Secretary of State is satisfied that the conformity assessment 
body meets the requirements of Schedule 5  (“the notified body requirements”) . 
(5) For the purposes of paragraph (4), the Secretary of State may accept an accreditation 
certificate, provided in accordance with paragraph (3)(b), as sufficient evidence that the 
conformity assessment body meets the notified body requirements.  
(6) When deciding whether to notify a conformity assessment body that qualifies for notification 
to the European Commission and the other member States, the Secretary of State may — 
(a) have regard to any other matter which appears to th e Secretary of State to be relevant; and  
(b) set conditions  that the conformity assessment body must meet.  
(7) The Secretary of State must inform the European Commission of the United Kingdom’s 
procedures for the assessment and notification of conformity assessme nt bodies, and any changes 
to those procedures.  
Presumption of conformity of notified bodies  
59.—(1) Where a conformity assessment body demonstrates its conformity with the criteria laid 
down in a harmonised standard (or part of such a sta ndard), the reference of which has been 
published in the Official Journal of the European Union, the Secretary of State is to presume that 
the conformity assessment body meets the notified body requirements covered by that standard (or 
part of that standar d). 
(2) The presumption in paragraph (1) is rebuttable.  
Contents of notification  
60. A notification under regulation 58 must include — 
(a) details of — 
(i) the conformity assessment activities in respect of which the conformity assessment 
body has made its application for notification;  
(ii) the conformity assessment module in respect of which the conformity assessment 
body has made its application for notification;  
(iii) the measuring instument  in respect of which the conformity assessment body has 
made its ap plication for notification; and either  
(b) an accreditation certificate; or  
(c) documentary evidence which attests to — 
(i) the conformity assessment body’s competence; and  
(ii) the arrangements in place to ensure that the conformity assessment body will be 
monitored regula rly and will continue to meet the notified body requirements.  
Monitoring  
61.—(1) The Secretary of State must monitor each notified body with a view to verifying that 
the notified body — 
(a) continues to meet the notified body requirements;  
(b) meet s any conditions set in accordance with regulation 58(6)(b) ; and  
(c) carries out its functions in accordance with these Regulations.  
(2) The Secretary of State must inform the European Commission of the United Kingdom’s 
procedures for the monitoring of notified bodies, and any changes to those procedures.   23 Delegation to the United Kingdom Accreditation Service  
62. The Secretary of State may authorise the United Kingdom Accreditation Service to carry out 
the following activities on behalf of the  Secretary of State — 
(a) assessing whether a conformity assessment body meets the notified body requirements; 
and 
(b) monitoring notified bodies.  
Changes to notifications  
63.—(1) Where the Secretary of State determines that a notified body no long er meets a notified 
body requirement, or that it is failing to fulfil any of its obligations under these Regulations other 
than conditions set in accordance with regulation 58(6)(b) , the Secretary of State must rest rict, 
suspend or withdraw the body’s status as a n otified body under regulation 58. 
(2) With the consent of a notified body, or where the Secretary of State determines that a 
notified body no longer meets a condition se t in accordance with regulation 58(6)(b) , the Secretary 
of State may restrict, suspend or withdraw the body’s status as a notified body under  regulation 
58. 
(3) In deciding what action is required under paragraph (1) or (2), the Secretary of State must 
have regard to the seriousness of the failure.  
(4) Before taking action under paragraph (1) or (2), the Secretary of State must — 
(a) give notice in writing that the Secretary of State intends to take such action and the 
reasons for taking such action; and  
(b) give the notified body an opportunity to make representations within a reasonable period 
from the date of that notice and consider any such representations.  
(5) Where the Secretary of State takes action under paragraph (1) or (2), the Secretary of State 
must immediately inform the European Commissi on and the other member States.  
(6) Where the Secretary of State has taken action in respect of a notified body under paragraph 
(1) or (2), or where a notified body has ceased its activity, the body must — 
(a) on th e request of the Secretary of State, transfer its files  to another notified body or to the 
Secretary of State; or  
(b) ensure that its files are kept available for the Secretary of State and each enforcing 
authority  for such period as the  Secretary of State ma y specify .  
(7) A United Kingdom notified body  that fails to comply with any requirement imposed by or 
under paragraph (6) is guilty of an offence.  
PART 6 
USE FOR TRADE OF CERTAIN REGULATED MEASURING INSTRUMENTS  
64. The use for trade of the following equipment must comply with th e requirements of 
Schedule  6— 
(a) water meters for the supply of potable water in the temperature range from 0.1°C to and 
including 30°C;  
(b) a measuring system which is used for the continuous and dynamic measurement of a 
liquid fuel, lubricant or a mixture of fuel and lubricant in a quantity not exceeding 100 
litres or 100 kilograms other than — 
(i) liquefied petroleum gas; or  
(ii) liquefied natural gas;  
(c) a meter measuring system (other than one used in conne ction with the refuelling of 
aircraft, ships or hovercraft) which is used for the continuous and dynamic measurement  24 of liquid fuel in a quantity exceeding 100 litres or 100 kilograms delivered from a road 
tanker other than — 
(i) liquefied gases;  
(ii) lubricating oi ls; 
(iii) liquid fuels of a temperature below -153°C; or  
(iv) liquid fuels of a dynamic viscosity exceeding 100 millipascal seconds at 15°C;  
(d) automatic catchweighers;  
(e) automatic gravimetric filling instruments;;  
(f) automatic discontinuous totalisers;  
(g) automatic rail weighb ridges;  
(h) beltweighers;  
(i) material measures of length; and  
(j) capacity serving measures.  
PART 7 
UNAUTHORISED APPLICATION OF MARKS  
Unauthorised application of authorised marks  
65.—(1) Subject to paragraph (2), a person is guilty of an offence, if that person — 
(a) affixes an authorised mark to a measuring instrument otherwise than in accordance with 
these Regulations;  
(b) alters or defaces an authorised mark affixed to the instrument;   
(c) removes an authorised m ark affixed to the instrument; or  
(d) affixes any other form of marking to the instrument which is likely  to deceive any person 
as to the meaning or form, or both, of an authorised mark.  
(2) Where the alteration or defacement of an authorised mark is occasioned s olely — 
(a) in the course of the adjustment or  repair of a  measuring instrument  by a person engaged 
in the business of repair of such instruments or by his duly authorised agent; or  
(b) by an enforcement officer or approved verifier in the carrying out of any fun ctions under 
these Regulations  
that person , enforcement officer or approved verifier  shall not be guilty of an offence under 
paragraph (1)(b).  
(3) A person is guilty of an offence if that person places on the  market or puts into use or uses 
for trade a measuring instrument — 
(a) which to his knowledge  bears — 
(i) an authorised mark affixed otherwise than in accordance with these Regulations;  
(ii) an authorised mark that has been altered or defaced otherwise than in the 
circu mstances referred to in paragraph (2); 
(iii) any mark which is likely to deceive any person as to the meaning or form, or both, of 
an authorised mark; or  
(b) from which, to his knowledge, an authorised mark has been removed.  
(4) A measuring inst rument in respect of which an offence under this regulation has been 
committed and any implement used in the commissioning of the offence shall be liable to be 
forfeited.   25 (5) References in this regulation to other provisions of these Regulations include refere nces to 
corresponding provisions under the laws of other member States.  
(6) In this regulation “authorised mark” means  
(a) the CE marking;   
(b) the M marking;  
(c) the identification number of the notified body which carried out the conformity 
assessment procedure in res pect of the relevant instrument;  
(d) disqualification marks; and  
(e) requalification marks.  
 
PART 8 
MARKET SURVEILLANCE AND ENFORCEMENT  
CHAPTER 1 
MARKET SURVEILLANCE  
The market surveillance authority  
66. The Secreta ry of State is the market surveillance authority for the purposes of these 
Regulatio ns. 
Instruments presenting a risk  
67.—(1) This regulation applies where the market surveillance authority has sufficient rea son to 
believe that a regulated  measuring  instrument presents a risk on grounds of public interest, public 
health, public safety, public order, protection of the environment, protection of consumers, the 
levying of taxes and duties or fair trading.  
(2) Where this regulation applies the mark et surveillance authority must carry out an evaluation 
of the regulated measuring instrument covering all relevant requirements of these Regulations 
which apply to that measuring instrument.  
(3) The relevant market operators in relation to the instrument must  co-operate as necessary with 
the market surveillance authority for that purpose.  
(4) Where in the course of the evaluation referred to in paragraph (2), the market surveillance 
authority finds that that the regulated measuring instrum ent does not comply with the essential 
requirements applicable to it, it must without delay issue a direction which requires the relevant 
economic operator — 
(a) to take all appropriate corrective actions ; 
(b) to withdraw the measuring instrument from the market; o r 
(c) to recall it within a reasonable period commensurate with the nature of the risk.  
(5) Where the market surveillance authority acts under paragraph (4) it must without delay  
inform the notified body that carried out the conformity ass essment procedure in respect of the 
regulated measuring instrument of — 
(a) the respect in which the regulated measuring instrument is not in conformity with the 
requirements of these Regulations; and  
(b) the actions that the authority is requiring the relevant eco nomic operator to take.  
(6) Where the market surveillance authority considers that non -compliance is not restricted to 
the United Kingdom, it must inform the European Commission and the other Member States of  26 the results of the evaluation and of the actions wh ich they have required the economic operator to 
take.  
(7) The economic operator shall ensure that all appropriate corrective action is taken in respect 
of all the measuring instruments concerned that it has made available on the Market throughout 
the European Union.  
(8) Where the relevant economic operator does not take adequate corrective action within a 
reasonable period, the market surveillance authority must take all provisional measures to prohibit 
or restrict the regulated measuring instrument being made avai lable on their national market, to 
withdraw the measuring instrument from that market or to recall it.  
Compliant regulated measuring instruments which present a risk  
68.—(1) This regulation applies where, having carried out an evaluation un der regulation  67, the 
market surveillance authority finds that although a  regulated  measuring instrument is in 
compliance with the requirements of these Regulations, it presents a risk on grounds of public 
interest, public health,  public safety, public order, protection of the environment, protection of 
consumers, the levying of taxes and duties or fair trading.  
(2) Where this regulation applies, the market surveillance authority must issue a direction 
requiring the economic operator — 
(a) to take all appropriate measures to ensure that the measuring instrument concerned, when 
placed on the market, no longer presents that risk;  
(b) to withdraw the measuring instrument from the market; or  
(c) to recall it within a reasonable  period, commensurate wit h the nature of the risk as it may 
prescribe.  
(3) Where this regulation applies, the market surveillance authority must immediately infor m the 
Commission and the other member S tates of all available details including — 
(a) the data necessary for the identification of the measuring instrument concerned;  
(b) the origin and supply chain of the measuring instrument,  
(c) the nature of the risk involved; and  
(d) the nature and duration of the national measures taken.  
Provisions as to directions under regulations 67 and 68 
69.—(1) This regulation applies in relation to direc tions given under regulations 67 and 68. 
(2) A direction must — 
(a) be in writing;  
(b) describe the instrument to which it relates in a manner sufficient to identify that 
instrument;  
(c) specify the risk identified by the market surveillance authority ; 
(d) specify the steps that the economic operator must take (including the time period within 
which they must be taken)  
(3) An economic operator which fails to comply with a direction given under regulation 67 or 68 
is guilty of an offence.  
CHAPTER 2 
ENFORCEMENT OTHER THAN MARKET SURVEILLANCE  
Enforcement au thorities  and enforcement proceedings  
70.—(1) The Secretary of State may  otherwise than in the capacity of market surveillance 
authority,  enforce these Regulations in Great Britain insofar as they relate to regulate d measuring 
instruments  and for that purpose may appoint a person to act on his behalf .  27 (2) In Great Britain it shall be the duty of every local weights and measures authority to enforce 
these Regulations within its area in relation to regulated measu ring instruments other than — 
(a) gas meters;  
(b) active electrical energy meters;  
(c) taximeters; and  
(d) exhaust gas analysers .  
(3) In No rthern Ireland — 
(a) the Department of the Environment for Northern Ireland shall enforce these Regulations  
in relation to regulated measuring instruments of the following ki nds— 
(i) taximeters ; and  
(ii) exhaust gas analysers . 
(b) the Utility Regulator  (or the Secretary of State pursuant to arrangements made under 
paragraph (7)) shall enforce the Regulations)  in relation to regulated measuring 
instruments of the fo llowing kinds:  
(i) gas meters; and  
(ii) active electrical energy meters.  
(c) The Department of Enterprise, Trade and Investment shall enforce these Regulations 
insofar as they relate to regulated measuring instruments of the following kinds — 
(i) cold water meters ; 
(ii) automati c weighing instruments;  
(iii) material measures ; and 
(iv) non-water liquid measuring systems . 
(4) No proceedings for an offence under these Regulations may be instituted in England and 
Wales except by or on behalf of an enforcement authority.  
(5) Nothing in these Regulatio ns shall authorise an  enforcement authority  to bring proceedings 
in Scotland for an offence.  
(6) No proceedings shall be instituted in Northern Ireland for an offence under these Regulations 
in respect of a regulated measuring instrument except — 
(a) by or on behalf of an enforcement authority which has responsibility for enforcing these 
Regulations  in respect of that regulated measuring instrument; or  
(b) the Director of Public Prosecutions for Northern Ireland.  
(7) The Secretary of State and the Utility Regulator  may, in re lation to the enforcement of these 
Regulations in Northern Ireland,  enter into arrangements for the Secretary of  State to act on behalf 
of the Utility Regulator  for, or  in connection with , the carrying out of some or all of the functions 
conferred on the Utility Regulator  by these Regulations . 
Compliance notice procedures  
71.—(1) This regulation applies w here an e nforcement authority is of the view  that the CE 
marking, the M marking or both have been affixed to a measuring instrument s otherwise than in 
accordance with these Regulations.  
(2) The enforcement authority  may serve a notice in writing (a “compliance notice”) on the 
manufacturer  of the instrument s or his authorised representative which specifies steps  that the 
manufacturer must take — 
(a) in relati on to instruments already manufactured to which the marks have been unduly 
affixed ; and  
(b) to prevent any further marks being unduly affixed  to instruments manufactured by that 
manufacturer.   
(3) A compliance notice  must —    28 (a) contain a sufficient descript ion of the instrument to which it relates;  
(b) state that the enforcement authority is of the opinion that the CE marking, the M marking 
or both, has been affixed unduly to  instrument s manufactured by the manufacturer , 
specifying which provisions of these Regu lations have, in the opinion of the enforcement 
authority, been contravened;  
(c) require the person on whom the notice is served to end the infringement under conditions 
specified in the notice;  
(d) specify the time limit within which the infringement must be ende d; and  
(e) warn that person that, where the non -conformity continues, the enforcement authority will 
take all appropriate measures to restrict or prohibit the placing on the market o f the 
instrument  in question or to ensure that it is withdrawn from the market . 
(4) Where a compliance notice is served by an enforcement authority other than the Secretary of 
State, it shall at the same time as it serves that notice, send a copy to the Secretary of State  
Immediate enforcement action  
72.—(1) This regula tion applies where an enforcement authority has reasonable grounds for 
considering that any of the following applies to a regulated measuring instrument — 
(a) the manufacturer or his authorised representative has failed to comply with a compliance 
notice;  
(b) the C E markin g or the M  marking has been affixed in  violation of Article 30 of RAMS  or 
of the requirements of these Regulations;  
(c) the CE marking  or the M  marking has not been affixed;  
(d) the identification number of the notified body, where the body is involved in the 
production control phase has —   
(i) been affixed otherwise than in accordance with the requirements of these 
Regulations; or  
(ii) not been affixed;  
(e) the EU declaration of conformity does not accompany the measuring instrument;  
(f) the EU declaration of conformity ha s not been drawn up correctly;  
(g) the technical documentation is either not available or is not complete;  
(h) the information referred to in regulation 11 or 20 is absent false or incomplete  
(i) there is any other bre ach of the requirements of  Chapters 1 and 2 of Part 2.  
(2) The enforcement authority may  serve a notice (“an enforcement notice”) on the 
manufacturer or the manufacturer’s authorised representative which must — 
(a) be in writing;  
(b) describe the measuring instrument to which it relates in a manner sufficient to identify 
that instrument;  
(c) specify, with reasons, the respects in which, in the opinion of the enforcement authority 
the  requirements of these Regulations have not been complied with;  and 
(d) specify the date, bein g not less than 21 days from the date of the notice, by which the 
person on which the person to whom the notice is required to comply with it.  
(3) A notice under paragraph (2) may — 
(a) require the instrument to be withdrawn from the market; or  
(b) prohibit or restrict  the placing on the market or putting into use of the measuring 
instrument;  and 
(c) specify that unless steps are taken which ensure — 
(i) that the measuring instrument is compliant with the requirements of these 
Regulations; or   29 (ii) that the manufacturer or his authori sed representative acts as required under sub -
paragraph (a) or (b),  
any certificate or notification, issued by a notified body in accordance with the relevant 
conformity assessment procedure applicable to the measuring instrument that the 
instrument satisf ies the essential requirements, may be withdrawn by that notified body . 
(4) Where an enforcement notice is served by an enforcement authority other than the Secretary 
of State, it shall at the same time  as it serves that notice  send a copy of the notice to the  Secretary 
of State.  
(5) In the case of a certificate or notification referred to in paragraph (3) — 
(a) which is granted by a United Kingdom notified body, if the Secretary of State is of the 
opinion that consideration  ought to be given to whether the certificate or notification 
should be withdrawn, the Secretary of State shall inform that notified body of that fact; 
and 
(b) which is granted under the law of another member State if the Secretary of State is of the 
opinion that consideration ought to be given to whether  the certificate or notification 
should be withdrawn, the Secretary of State shall inform the relevant competent authority 
of that fact.  
Review of decisions of enforcement authority  
73.—(1) Where a decision under regulation  70 or  72 is given by an enforcement authority other 
than the Secretary of State, a person who is aggrieved by that decision may, in accordance with 
paragraphs (2) and (3) apply to the Secretary of State to review the decision; and on such 
applic ation the Secretary of State may — 
(a) hold an inquiry in connection with the decision; and  
(b) appoint an assessor for the purposes of assisting him with his review or any such inquiry.  
(2) An application under paragraph (1) shall be made by notice in writing to the S ecretary of 
State, and shall be sent to him not later than 21 days after the date of the notice of the decision in 
respect of which the application for review is sent to the aggrieved person.  
(3) A notice of application for review under this regulation shall s tate the grounds on which the 
application is made.  
(4) The Secretary of State shall, within a reasonable time, inform the aggrieved person and the 
authority referred to in paragraph (1) in writing of his decision whether to uphold the decision of 
that authorit y and — 
(a) in a case where he upholds that decision, shall also state the grounds for his decision; and  
(b) in a case where he does not uphold that decision, may — 
(i) where the review relates to regulation 72 give instructions for the withdraw al of the 
notice given under paragraph (2) of that regulation; or  
(ii) where the review relates to regulation 73, give instructions for the withdrawal of the 
notice given under paragraph (1) of that regulation.  
Disqualification  
74.—(1) This regulation and regulation 75 apply only in relation to a regulated measuring 
instrument s of the following kinds — 
(a) cold water meters ; 
(b) automatic weighing instruments;  
(c) material measures; and  
(d) non-water liquid measu ring systems.  
(2) Subject to paragraph (4), if it appears to an inspector tha t an instrument which —  
(a) bears the CE marking;    30 (b) the M marking ; and  
(c) the identification number of the notified body which carries out the conformity 
assessment procedure in respect of the instrument  is used for trade in circumstances 
where — 
(i) the instrument no longer conforms to the essential requirements (other than the 
requirements relating to maximum pe rmissible errors );  
(ii) by reason of any adjustment, alteration,  addition , repair or replacement  it is likely 
that the instrument has ceased t o conform with the essential requirements  (other than 
the requirements relating to maximum permissible errors); or  
(iii) any requirements applicable to the instrument by virtue of regu lation 63 and 
Schedule 6  are not met , 
the inspector may affix a disqualifica tion mark to the instrument or to any sealing device on that 
instrument . 
(3) Where one or more of the markings and identification requireme nts referred to in paragraph 
(2)  is not affixed to a regulated measuring  instrument, the inspector may affix a disqualification 
mark to the instrument.  
(4) Where it appears to the inspector that the nature or degree o f non -compliance of the 
instrument  under paragraph (2) is not such that a disqualification mark should be immediately 
affixed to it  or to any sealing device on it , he may give to any person in possession o f the 
instrument  a notice requiring the person ensure that the instrument is made to com ply with the 
essential requirements before the expiry of 21 days from the date of the notice or such longer 
period as may be specified in the notice.  
(5) If a notice given under paragraph (4 ) is not complied with, the inspector shall affix a 
disqualification mark to the instrument  or to any sealing device on it . 
(6) Any disqualification mark  which is affixed to an instrument  under this regulation must  be 
affixed in such a position that it is clearly visible when the instrument is in its regular operating 
position  or where  it is affixed to any sealing device on the instrument, it must be affixed in such a 
position that it obliterates as far as possible any inscription on that sealing device .    
(7) A person is guilty of an offence if he uses for tra de an instrument  to wh ich there is affixed a 
disqualification mark , unless a re -qualification  mark has been affixed to it i n accordance with 
regulation 75. 
Requalification  
75.—(1) This regulation applies w here— 
(a) a disqualification  mark  has been affixed t o a regulated measuring instrument in 
accordanc e with regulation 74; or 
(b) a notice has be en served under regulat ion 74(3) , or 
(c) a measuring instrument is intended to be used for trade in the ci rcumstances referred to in 
regulation 73(2)(i) to (iii) or (3)  but a disqualification mark has not been affixed to the 
instrument or to any sealing device on it,  
(2) A person requiring a re -qualification mark to be affixed to an instrument to which this 
regula tion applies shall submit the instrument, in such manner as may be directed, to an inspector 
or approved verifier and provide such assistance as the inspector or approved verifier may 
reasonably require  
(3) An inspector or approved verifier may affix a re -qualification mark  to that instrument  or to 
any sealing device if satisfied that —  
(a) the instrument conform s to the essential requirements; and  
(b) any requirements applicable to that instrument by virtue of Schedule 6 other than the 
provisions relating to maximum p ermissible errors.  
  31 (4) For the purposes of being satisfied  that a re -qualification mark  may be affixed t o an 
instrument or any sealing device on it under this regulation , an inspector or approved verifier may 
take such steps as he considers appropriate, incl uding testin g the instrument  by means of such test 
equipment as he considers appropriate and suitable for the purpose.  
(5) There may be charged in respect of an y steps taken under paragraph (4 ) such fees as are 
reasonable in the circumstances . 
(6) The inspector or  approved verifier shall keep a record of any tes t carried out under paragraph 
(4). 
(7) Where a re -qualification mark  is affixed to an instrument  pursuant to paragraph ( 3), it must  
be affixed in such a position that it obliterates as far as possible any disqua lifica tion mark .  
Testing of instruments  
76.—(1) Where an inspector considers that a test of an instrument is necessary, otherwise than 
for the purposes of regulation 71, he may require the person who has control of the instrument, or 
whom  he has reasonable cause to believe has control of the instrument (“the controller”), to 
provide to him such equipment, test liquid, materials, qualified personnel or other assistance as the 
inspector may reasonably require.  
(2) Every measuring instrument subm itted for testing shall be in a clean condition.  
(3) The remaining provisions of this regulation only apply to non -water measuring systems.  
(4) No instrument shall be tested until it is installed ready for use and complete with all its parts.  
(5) An instrument shall b e tested by an inspector under practical working conditions with a test 
liquid which shall be — 
(a) the liquid fuel that the instrument is intended to deliver; or  
(b) a liquid having properties which replicate in all respects relevant to testing those of the 
liquid  fuel that the instrument is intended to deliver.  
(6) An inspector may open a locked or sealed tank or container for the purpose of testing an 
instrument or returning any liquid withdrawn during testing.  
(7) Any liquid withdrawn during testing shall be — 
(a) returned t o the tank or container from which it was withdrawn if the inspector is of the 
opinion that it is reasonable and practicable to do so and the controller agrees; or  
(b) placed in another suitable receptacle reasonably convenient for the purpose that is 
provided  by the controller.  
(8) An inspector, if requested to do so by the controller, shall give to him a signed and dated 
statement of the quantity of liquid withdrawn during testing.  
(9) An inspector shall — 
(a) securely re -fasten any tank or container opened under paragrap h (4) immediately after 
the conclusion of any test or after returning any liquid withdrawn during testing;  
(b) replace any sealing device broken by him; and  
(c) affix to that replaced sealing device a marking, the design of which shall be published by 
the Secretar y of State.  
PART 9 
GENERAL PROVISIONS ABOUT OFFENCES  
Penalties  for offences  
77. A person guilty of an offe nce under these Regulations is  liable, on summary conviction,  
(a) in England and Wales to a fine; and   32 (b) in Scotland or Northern Ireland  to a fine not exceeding level 5 on the standard scale.   
Defence of due diligence  
78.—(1) Subject to the following provisions of this regulation, in proceedings against a person 
for an offence under these Regulations, it shall be a defence for  that person to show that he took 
all reasonable steps and exercised all due diligence to avoid committing the offence.  
(2) Where, in proceedings against a person for such an offence the defence provided by 
paragraph (1) involves an allegation that the commiss ion of the offence was due — 
(a) to the act or default of another; or  
(b) to reliance on information given by another,  
that person shall not, without the leave of the court, be entitled to rely on the defence, unless, not 
less than seven clear days before the heari ng of the proceedings (or, in Scotland, the trial diet), he 
has served a notice under paragraph (3) on the person bringing the proceedings.  
(3) A notice under this paragraph shall give such information identifying or assisting in the 
identification of the pers on who committed the act or default or gave the information as is in the 
possession of the person serving the notice at the time he serves it.  
(4) A person shall not be entitled to rely on the defence provided by paragraph (1) by reason of 
his reliance on info rmation supplied by another, unless he shows it was reasonable in all the 
circumstances for him to have relied on the information, having regard in particular to — 
(a) the steps which he took, and those which might reasonably have been taken, for the 
purpose of  verifying the information; and  
(b) whether he had any reason to disbelieve the information.  
Liability of persons other than the principal offender  
79.—(1) Where the commission by a person of an offence under these Regulations is due to the 
act or default committed by some other person in the course of any business of his, the other 
person shall be guilty of the offence and may be proceeded against and punished by virtue of this 
paragraph whether or not proceedings are taken against the first -mentio ned person.  
(2) Where a body corporate is guilty of an offence under these Regulations (including where it is 
so guilty by virtue of paragraph (1)) in respect of an act or default which is shown to have been 
committed with the consent or connivance of, or to b e attributable to any neglect on the part of, 
any director, manager, secretary or other similar officer of the body corporate or any person who 
was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of an 
offence and shall be liable to be proceeded against and punished accordingly.  
(3) Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply 
in relation to the acts and defaults of a member in connection with his functions of management as  
if he were a director of the body corporate.  
(4) In this regulation, references to a “body corporate” include references to a partnership in 
Scotland, and in relation to such partnership, any reference to a director, manager, secretary or 
other similar office r of a body corporate is a reference to a partner.  
PART 10 
MISCELLANEOUS AND SUPPLEMENTAL  
Service of documents etc.  
80.—(1) Any document required or authorised by these Regulations to be served on a person 
may be so  served —   33 (a) by delivering it to him or by leaving it at his proper address or by sending it by post to 
him at that address;  
(b) if the person is a body corporate, by serving it in accordance with sub -paragraph (a) on 
the secretary or clerk of that body; or  
(c) if the person is a partnership, by serving it in accordance with that sub -paragraph on a 
partner or on a person having control or management of the partnership business.  
(2) For the purposes of paragraph (1), and for the purposes of section 7  of the Interpretation Act 
1978( a) (which relates to the service of documents by post) in its application to t hat paragraph, the 
proper address of any person on whom a document is to be served by virtue of these Regulations 
shall be his last known address except that —  
(a) in the case of service on a body corporate or its secretary or clerk, it shall be the address 
of the registered or principal office of the body corporate; and  
(b) in the case of service on a partnership or a partner or a person having the control or 
management of a partnership business, it shall be the principal office of the partnership,  
and for the p urposes of this paragraph the principal office of a company registered outside the 
United Kingdom or of a partnership carrying on business outside the United Kingdom is its 
principal office within the United Kingdom.  
Review  
81.—(1) The Se cretary of State must from time to time — 
(a) carry out a review of these Regulations;  
(b) set out the conclusions of the review in a report; and  
(c) publish the report.  
(2) In carrying out the review the Secretary of State must, so far as is reasonable, have regard to 
how the Directive is implemented in other member States.  
(3) The report must, in particular — 
(a) set out the objectives intended to be achieved by the regulatory system established by 
these Regulations;  
(b) assess the extent to which those objectives are achieved; and  
(c) assess whether those objectives remain appropriate and, if so, the extent to which they 
could be achieved by a system that imposes less regulation.  
(4) The first report under this regulation must be published no later than 5 years after the date of 
the coming in to force of these Regulations.  
(5) Reports under this regulation are afterwards to be published at intervals not exceeding 5 
years.  
 
 Name  
 Parliamentary Under Secretary of State  
Date Department  
                                                                                                                                            
(a) 1978 c.30.   34   
 SCHEDULE 1 Regulation 2(1) 
ESSENTIAL REQUIREMENTS AND APPLICABLE CONFORMITY 
ASSESSMENT PROCEDURES  
Introductory  
1. The essential requirements and conformity assessment procedure applicable to measuring 
instruments are as set out in this Schedule.  
Water M eters  
2.—(1) The essential requirements relating to water meters intended for the measurement of 
volumes of clean, cold or heated water in residential, commercial and light industrial use are:  
(a) the requirements set out in Annex 1 to the Di rective; and  
(b) the specific requirements of Annex III to the directive subject to the modification 
specified in sub -paragraph (2)  
(2) The modification referred to in sub -paragraph (1)(b) is that point 10 of the specific 
requirements in Annex III is to be read as  follows  
“Putting into use  
10. The requirements under points 1, 2 and 3 are determined by the utility or the person 
legally designated for installing the meter, so that the meter is appropriate for the accurate 
measurement of co nsumption that is foreseen or foreseeable. ” 
(3) The conformity assessment procedures specified in the modules in Annex II to the Directive 
applicable to water meters of the kind referred to in sub -paragraph (1) are  
(a) B and F  
(b) B and D,  or 
(c) H1. 
Gas meters  
3.—(1) The essential requirements relating to gas meters intended for residential, commercial 
and light industrial use are  
(a) the requirements of Annex 1 to the Directive; and  
(b) the specific requirements set out in Part 1 o f Annex IV  subject to the modification in sub - 
paragraph (2)  
(2) The modification referred to in sub -paragraph (1)(b) is that point 10 of the specific 
requirements in Annex III is to be read as follows  
“Putting into use  
10.—(1) The measurement of residential use must be performed by means of any Class 
1.5 relevant instrument, or by Class 1.0 relevant instruments which have a Qmax/Qmin 
ratio equal to or greater than 150.  
(2) Measurement of commercial or light industrial use must be pe rformed by any Class 
1.0 or Class 1.5 relevant instrument.   35 (3) The person responsible for installing a relevant instrument must have regard to the 
requirements under Points 1.2 and 1.3 of Part I of Annex IV and must ensure that the 
relevant instrument is a ppropriate for the accurate measurement of consumption that is 
foreseen or foreseeable. ” 
(3) The conformity assessment procedures specified in the modules in Annex II to the Directive 
applicable to gas meters are:  
(a) B and F;  
(b) B and D; or 
(c) H1 
Volume conversion devices  
4.—(1) In this paragraph “conversion device” means a device fitted to a gas meter that 
automatically converts the quantity measured at metering conditions into a quantity at the 
specified conditions to whic h the quantity of fluid is converted.  
(2) The essential requirements relating to conversion devices intended for residential, 
commercial and light industrial use are — 
(a) the requirements of Annex I to the Directive;  
(b) the specific requirements set out in Part II of  Annex IV  
(3) The conformity assessment procedures specified in the modules in Annex II to the Directive 
applicable to conversion devices are — 
(a) B and F;  
(b) B and D; or  
(c) H1. 
Active electrical energy meters  
5.—(1) The essential requirements  in rel ation to active electrical meters intended for residential, 
commercial and light industrial use are — 
(a) the requirements of Annex 1 of the Directive; and  
(b) the specific requirements in Annex V other than point 7  subject to the modification in 
sub-paragraph (2) . 
(2) The modification referred to in sub -paragraph (1)(b) is that point 10 of the specific 
requirements in Annex III is to be read as follows:  
“Putting into use  
10.—(1)  Subject to sub -paragraph (2) , measurement may be performed by means of any 
relevant instrument provided that the temperature range to which a relevant instrument is 
exposed  is not wider that the range specified by the manufacturer in relation to that 
relevant instrument in accordance with Point 1.3.1 and Table 1 in Annex 1 to the Directive.  
(2) Class A relevant instruments may not be used when operating outside the temperature 
range of an upper temperature limit of 30°C to a lower temperature limit of 5 °C.  
(3) The person responsible for installing the relevant instr ument must determine the 
correct current range and assess the climatic environment . 
(3) The conformity assessment procedures specified in the modules in Annex II to the Directive 
applicable to active electrical meters are — 
(a) B and F;  
(b) B and D;  
(c) H1; or   36 (d) G. 
Thermal E nergy Meters  
6.—(1) The essential requirements in relation to thermal energy meters are — 
(a) the requirements of Annex 1 of the Directive; and  
(b) the requirements of Annex VI  
(2) The conformity assessment procedures specified in the modules in Annex  II to the Directive 
applicable to thermal energy meters are — 
(a) B and F;  
(b) B and D; or  
(c) H1. 
Non-water measuring systems  
7.—(1) The essential requirements in relation to measuring systems for the continuous and 
dynamic measurement of quantities  of liquid other than water are — 
(a) the requirements  of Annex 1 of the Directive; and  
(b) the requirements of Annex VII.  
(2) The conformity assessment procedures specified in the modules in Annex II to the Directive 
applicable to measuring systems for the continuou s and dynamic measurement of quantities of 
liquid other than water are — 
(a) B and F;  
(b) B and D;  
(c) H1; or  
(d) G 
Automatic weighing instruments  
8.—(1) The essential requirements in relation to automatic wei ghing instruments are — 
(a) in relatio n to automati c catchweighers — 
(i) the requirements of Annex 1 of the Directive; and  
(ii) the specific requirements in Chapter 1 and II of Annex VIII;  
(b) in relation to automatic gra vimetric filling instruments — 
(i) the requirements of Annex 1 of the Directive; and  
(ii) the specific require ments in Chapter 1 and Chapter III of Annex VIII  
(c) in relation  to discontinuous totalisers — 
(i) the requirements of Annex 1 of the Directive; and  
(ii) the specific requirements in Chapter 1 and Chapter IV of Annex VIII  
(d) The essential requirements in relation to beltwe ighers are — 
(i) the requirements of Annex 1 of the Directive; and  
(ii) the specific requirements in Chapters 1 and V of Annex VIII ; and  
(e) The essential requirements in relation to automatic rail weighbridges are — 
(i) the requirements of Annex 1 of the Directive; and  
(ii) the specific requirements in Chapters 1 and VI in Annex VIII . 
(2) The conformity assessment  procedures specified in the modules in Annex II to the Directive 
applicable to automatic weighing instruments are —  37 (a) for mechanical systems — 
(i) B and D;  
(ii) B and E;  
(iii) B and F;  
(iv) D1; 
(v) F1; 
(vi) G; or  
(vii) H1; 
(b) for electromechanical instruments — 
(i) B and D;  
(ii) B and E;  
(iii) B and F;  
(iv) G; or  
(v) H1; and  
(c) for electronic systems or systems containing software — 
(i) B and D  
(ii) B and F  
(iii) G; or  
(iv) H1. 
Taximeters  
9.—(1) The essential requirements in relation to taximet ers are — 
(a) the requirements of Annex 1 of the Directive; and  
(b) the specific requirements in Annex IX  
(2) The conformity assessment procedures specified in the modules in Annex II to the Directive 
applicable to taximeters are — 
(a) B and F;  
(b) B and D; or  
(c) H1. 
Material meas ures of length  
10.—(1) The essential requirements in relation to material measures of length are — 
(a) the requirements of Annex 1 of the Directive; and  
(b) the specific requirements in Chapter 1 of Annex 10.  
(2) (1) The conformity assessment procedure s specified in the modules in Annex II to the 
Directive applicable to material measures of length are — 
(a) F1; 
(b) D1; 
(c) B and D;  
(d) G; or  
(e) H. 
Capacity serving measures  
11.—(1) The essential requirements in relation to capacity serving measures are —  38 (a) the requirements of Annex 1 of the Directive; and  
(b) the specific requirements in Chapter 2 of Annex X  
(2) The conformity assessment procedures specified in the modules in Annex II to the Directive 
applicable to taximeters are — 
(a) A2; 
(b) D1; 
(c) E1; 
(d) F1; 
(e) B and D;  
(f) B and E; or  
(g) H. 
Dimensional measuring instruments  
12.—(1) The essential requirements in relation to dimensional measuring instruments are — 
(a) the requirements of Annex 1 of the Directive; and  
(b) the specific requirements in Annex XI  
(2) The conformity assessment procedures specified in the modules in Annex II to the Directive 
applicable to taximeters are — 
(a) For mechanical or electromechanical instruments — 
(i) D1 
(ii) E1 
(iii) F1 
(iv) H 
(v) H1 
(vi) G 
(vii) B and D  
(viii) B and E  
(ix) B and F  
(b) for electronic instruments or instruments containing software — 
(i) B and D  
(ii) B and F  
(iii) G; or  
(iv) H1. 
Exhaust gas analysers  
13.—(1) The essential requirements in relation to exhaust gas analysers are — 
(a) the requirements of Annex 1 of the Directive; and  
(b) the specific requirements in Annex XII.  
(2) The conformity assessment proce dures specified in the modules in Annex II to the Directive 
applicable to taximeters are — 
(a) B and D;  
(b) B and F; or  
(c) H1.  39  SCHEDULE 2 Regulation  3(4) 
MEASURING INSTRUMENTS TO WHICH THESE REGULATIO NS 
DO NOT APPLY  
Cold water meters  
1. A cold -water meter:  
(a) in respect of which a certificate of approval is in force which was granted before 30th 
October 2006; and  
(b) which was first passed as fit for trade and stamped under the Measuring Equipment 
(Cold -water M eter Regulations) 1988( a). 
2. A cold -water me ter: 
(a) in respect of a pattern of which EEC pattern approval is in force which was granted  
before 30th October 2006 in accordance with the Measuring Instruments (EEC 
Requirements) Regulations 1988  (or in accordanc e with the measures in force in another 
member State which implement Council Directive 75/33/EEC( b)); and  
(b) which bears a mark of EEC initial verification or of  EEC partial verification, in either 
case, in accordance with the Measuring Instruments (EEC Requ irements) Regulations 
1988 (or in accordance with the measures in force in another member State which 
implement Council Directive 71/316/EEC( c) as amended by Council Directives 
72/427/EEC( d), 83/575/EEC( e), 87/354/EEC( f) 87/355/EEC( g) and 88/665/EEC( h). 
Gas meters  
3. A gas meter which is:  
(a) stamped under section 17 of the Gas Act 1986( i) and placed on the market  before 30th 
October 2016; or  
(b) stamped under article 22 of the Gas (Northern Ireland) Order 1996( j) and placed on the 
market  before 30th October 2016;  
4. A gas meter:  
(a) in respect of a pattern of which EEC pattern approval was granted before 30th October 
2006:  
(i) under the Measuring Instruments (EEC Requirements) Regulations 1988( k), as 
applied to gas meters by the Measuring Instruments (EEC Requirements) (Gas 
Volume Meters) Regulations 1988( l); or 
(ii) by any other member State in accordance with the relevant provisions of measures in 
force which implement Council Directive 71/318( m), 
and which is in force; and  
                                                                                                                                            
(a) S.I. 1988/97 as amended by S.I.2001/1229 and S.I. 2003/214.  
(b) OJ No. L14, 20.1.75, p.1. Directive 75/33/EEC was repealed by Directive 2004/22/EC (OJ No. L135, 30.04.04, p1).  
(c) OJ No. L202, 6.9.71, p.1, OJ/SE 1 971(II), p.707.  
(d) OJ No. L291, 28.12.72, p.156, OJ/SE 1972, 28 -30 Dec., p 71.  
(e) OJ No. L332, 28.11.83, p 43.  
(f) OJ No. L192, 11.7.87, p.43.  
(g) OJ No. L192, 11.7.87, p.46.  
(h) OJ No. L382, 31.12.88, p.42.   
(i) 1986 c.44.  
(j) S.I. 1996/275 (N.I. 2).  
(k) S.I. 1988/186  
(l) S.I. 1988/296, as amended by S.I. 1996/319.  
(m) Directive 71/318 on the approximation of the laws of member States relating to gas meters.   40 (b) which bears a mark of EEC initial verification affixed u nder those Regulations (as so 
applied) or by any other member State in accordance with those provisions.  
Active electrical energy meters  
5. An active electrical energy meter for use for trade which is:  
(a) of a pattern or construction approved before 30th Octobe r 2006 by or under regulations 
made under paragraph 2 of Schedule 7 to the Electricity Act 1989( a), where such 
approval has not been revoked under regulations so made; and  
(b) is, before 30th October 2016,:  
(i) certified under paragraph 5 of that Schedule or exce pted from the requirement for 
certification under paragraph 2(2) of that Schedule; and  
(ii) placed on the market . 
6. An active electrical energy meter for use for trade which is:  
(a) of a pattern or construction approved before 30th October 2006 by or under regulatio ns 
made under paragraph 3 of Schedule 7 to the Electricity (Northern Ireland) Order 1992( b) 
where such approval has not been revoked under regulations so made; and  
(b) is, before 30th October 2016:  
(i) certified under paragraph 6 of that Schedule or excepted from the requirement for 
certification under paragraph 3(2) of that Schedule; and  
(ii) placed on the market . 
7. An active elect ricity meter for use for trade:  
(a) In respect of a pattern of which EEC pattern approval was granted before 30th October 
2006:  
(i) under the Measuri ng Instruments (EC Requirements) (Electrical Energy Meters) 
Regulations 1995( c); or 
(ii) any other member State in accordance with the relevant provisions of measures in 
force which implement Council Directive 76/891( d) 
and which is in force; and  
(b) which bears a mark of EEC initial verification affixed under those Regulations or by any 
other member State in accordance with those provisions.  
Automatic Weighing instruments  
8. Automatic gravimetric filing instruments:  
(a) in respect of which a certificate of approval has b een granted before 30th October 2006 
and is in force; and  
(b) which is first passed as fit for use for trade and stamped under  
(i) the Weights and Measures Regulations 1963( e); 
(ii) the Weighing Equipment (Filing and Discontinuous Totalising Automatic Weighing 
Machines ) Regulations 1986( f); or 
                                                                                                                                            
(a) 1989 c.29.  
(b) S.I. 1992 No 231 (N.I. 1).  
(c) S.I. 1995/2607.  
(d) Directi ve 76/891 on the app roximation of the laws of member States relating to electrical energy meters.  
(e) S.I. 1963/1710, as amended by S.I. 1970/1370, S.I.1972/767, S.I.1974/1326, S.I.1977/1932, S.I. 1978/484, S.I. 1979/1612, 
S.I. 1980/1070, S.I. 1980/1079, S.I. 1983/914, S.I. 1 984/1446, S.I. 1985/1532, S.I. 1986/1320, S.I. 1986/1682, S.I. 
1988/120, S.I. 1988/876, S.I. 1994/1249, S.I. 1995/735, S.I. 2000/388, S.I. 2001/599, S.I. 2001/1208, S.I. 2003/2454 and 
S.I. 2003/2761.  
(f) S.I. 1986/1320, as amended by S.I. 1994/1851, S.I. 1 996/797, S.I. 2000/387, S.I. 2001/85 and S.I. 2003/2014.   41 (iii) the Weighing Equipment (Automatic Gravimetric Filling Instruments) Regulations 
2000( a) 
Measuring systems for the measurement of fuel and lubricants  
9. A measuring system  for use for trade in the making of a continuous and dynamic 
measurement of liquid fuel lubricants or a mixture of liquid fuels and lubricants in a quantity not 
exceeding 100 litres or 100 kilograms:  
(a) in respect of which a certificate of approval has been granted before 30th October 2006 
and is in force; and  
(b) which was first passed as fit for use for trade and stamped under the Measuring  
Equipment (Liquid Fuel and Lubricants) Regulations 1995( b). 
10.—(1) A measuring system for use for trade in the making of a continuous and dynamic 
measurement of liquid  fuel, lubricants or a mixture of liquid fuels and lubricants in a quantity not 
exceeding 100 litres or 100 kilograms:  
(a) in respect of a pattern of which EEC pattern approval was granted before 30th October 
2006 and is in force; and  
(b) which bears a mark of EU initial verification or EU partial verification.  
(2) For the purposes of paragraph (1):  
(a) a grant of EEC pattern approval or the affixing of a mark of EEC initial verification must 
have been in accordance with the Measuring Instruments (EEC Requirements) 
Regulat ions 1988( c) or, in the case of any other member State, in accordance with the 
measures in force which implemented:  
(i) Council Directive 71/319 EEC( d) 
(ii) Council Directive 71/348/EEC( e) as amended by the Treaty of Accession 1994( f); 
and 
(iii) Council Directive 77/313/ EEC( g) as amended by Commission Directive 
82/625/EEC( h); and  
(b) the affixing of a mark of EEC partial verification must have been in accordance with the 
1988 Regulations, or in the case of any other member State in accordance with the 
measures in force which implemented Council Directive 71316/EEC( i) as amended by 
Council Directives 72/427/EEC( j), 83/575/EEC( k), 87/354/EEC( l), 87/355/EEC( m) and 
88/665/EEC( n).  
Meter measuring systems used for deliveries from road tankers  
11. A meter measuring system for use for t rade in the making of a continuous and dynamic 
measurement of liquid fuel in a quantity exceeding 100 litres or 100 kilograms, delivered from a 
road tanker:  
                                                                                                                                            
(a) S.I. 2000/388 as amended by S.I. 2003/214 and S.I. 2006/659.  
(b) S.I. 1995/1014, as amended by S.I. 1998/2218, S.I. 2001/85, S.I. 2003/214 and S.I. 2003/2110.  
(c) S.I. 1988/186, as amended by S.I . 1988/296 and S.I. 1988/1128.  
(d) OJ No. L202, 6.9.71, p.32, repealed by Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.  
(e) OJ No. L239, 25.10.71, p.9 repealed by  Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.  
(f) The Treaty concerning the acces sion of Norway, Austria, Finland and Sweden, signed 24.06.94.  
(g) OJ No. L105, 28.4.77, p. 18, repealed by Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.  
(h) OJ No. L252, 27.8.82, p.10 repealed by Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.  
(i) OJ No.  L202, 6.9.71, p.1, OJ/SE 1971 (II), p 707.  
(j) OJ No. L291, 28.12.72, p.156, OJ/SE 1972, 28 -30 Dec., p.71.  
(k) OJ No. L332, 28.11.83, p.43.  
(l) OJ No. L192. 11.7.87, p.43.  
(m) OJ No. L192, 11.7.87, p.46.  
(n) OJ No. L382, 31.12.88, p.42.   42 (a) in respect of which a certificate of approval has been granted before 30th October 2006 
and is in f orce; and  
(b) which was first passed as fit for use for trade and stamped under the Measuring 
Equipment (Liquid Fuel delivered from Road Tankers) Regulations 1983( a). 
12.—(1) A meter measuring system for use for trade in the making of a contin uous and dynamic 
measurement of liquid fuel in a quantity exceeding 100 litres or 100 kilograms, delivered from a 
road tanker:  
(a) in respect of a pattern of which EEC pattern approval was granted before 30th October 
2006 and is in force; and  
(b) which bears a mar k of EU initial verification or EU partial verification.  
(2) For the purposes of paragraph (1):  
(a) a grant of EEC pattern approval or the affixing of a mark of EEC initial verification must 
have been in accordance with the Measuring Instruments (EEC Requirements)  
Regulations 1988( b) or, in the case of any other member State, in accordance with the 
measures in force which implemented:  
(i) Council Directive 71/319 EEC( c) 
(ii) Council Directive 71/348/EEC( d) as amended by the Treaty of Accession 1994( e); 
and 
(iii) Council Directive  77/313/EEC( f) as amended by Commission Directive 
82/625/EEC( g); and  
(b) the affixing of a mark of EEC partial verification must have been in accordance with the 
1988 Regulations, or in the case of any other member State in accordance with the 
measures in forc e which implemented Council Directive 71316/EEC( h) as amended by 
Council Directives 72/427/EEC( i), 83/575/EEC( j), 87/354/EEC( k), 87/355/EEC( l) and 
88/665/EEC( m). 
Taximeters  
13. Taximeters:  
(a) in respect of which a certificate of approval has been granted before 30th October 2006 
and is in force; and  
(b) which was passed as fit for use  for the protection of consumers and marked under the 
Metropolitan Conditions of Fitness( n). 
                                                                                                                                            
(a) S.I. 1983/1390 , as amended by S.I. 1986/1210, S.I.1994/1851, S.I. 1995/3117, S.I. 2001/85 and S.I. 2003/214.  
(b) S.I. 1988/186, as amended by S.I. 1988/296 and S.I. 1988/1128.  
(c) OJ No. L202, 6.9.71, p.32, repealed by Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.  
(d) OJ No. L239, 25.10.71, p.9 repealed by  Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.  
(e) The Treaty concerning the accession of Norway, Austria, Finland and Sweden, signed 24.06.94.  
(f) OJ No. L105, 28.4.77, p. 18, repealed by Directive 2004/22/EC (OJ N o. L13, 30.4.04, p.1.  
(g) OJ No. L252, 27.8.82, p.10 repealed by Directive 2004/22/EC (OJ No. L13, 30.4.04, p.1.  
(h) OJ No. L202, 6.9.71, p!, OJ/SE 1971 (II), p 707.  
(i) OJ No. L291, 28.12.72, p.156, OJ/SE 1972, 28 -30 Dec., p.71.  
(j) OJ No. L332, 28.11.83,  p.43.  
(k) OJ No. L192. 11.7.87, p.43.  
(l) OJ No. L192, 11.7.87, p.46.  
(m) OJ No. L382, 31.12.88, p.42.  
(n) The Public Carriage Office issued the Construction and Licensing of Motor Taxicabs in London: Conditions of Fitness in 
2000. (This document is usual ly referred to as “the Metropolitan Conditions of Fitness.) The Metropolitan Conditions of 
Fitness are made under the London Cab Order 1934 (S.I. 1934/1346), article 35. The relevant amending instruments are S.I. 
1985/933, 1990/2003 and 2000/1666. S.I. 193 4/1346 was made under the Meropolitan Public Carriage Act 1869 (c. 115), 
section 6. Article 35 of the London Cab Order requires the installation of an approved taximeter. The requirements that 
must be met by an approved taximeter are set out in the Notice to Owners and Manufacturers of Motor Cabs and Taximeters 
regarding Taximeters to be used on Taxicabs in the Metropolitan Police District and the City of London, which was issued 
by the Public Carriage Office in July 1997.     43 Exhaust gas analyser  
14. An exhaust gas analyser:  
(a) in respect of which a certificate of approval  has been granted before 30th October and is 
in force; and  
(b) which is first passed as fit for use for the protection of the environment and public health 
pursuant to the requirements of OIML R99/ISO 3930( a) 
 SCHEDULE 3 Regulation 4 
REVOCATIONS AND TRANSITIONAL AND CONSEQUENTIAL 
PROVISIONS  
1.—(1) Subject to sub -paragraph (2), t he Regulations listed in the table in this paragraph are 
revoked.  
 
Instrument title  Reference  
The Me asuring Instruments (Automatic Discontinuous Totalisers) Regulations 
2006  S.I.2006/1255  
The Measuring Instruments (Automatic Rail -weighbridges) Regulations 2006  S.I. 2006/1256  
The Measuring Instruments (Automatic Catchweighers) Regulations 2006  S.I. 2006 /1257  
The Measuring Instruments (Automatic Gravimetric Filling Instruments) 
Regulations 2006  S.I. 2006/1258  
The Measuring Instruments (Beltweighers) Regulations 2006  S.I. 2006/1259  
The Measuring Instruments (Capacity Serving Measures) Regulations 2006  S.I. 2006/1264  
The Measuring Instruments (Liquid Fuel and Lubricants) Regulations 2006  S.I. 2006/1266  
The Measuring Instruments (Material Measures of Length) Regulations 2006  S.I. 2006/1267  
The Measuring Instruments (Cold Water Meters) Regulations 2006  S.I. 2006/1268  
The Measuring Instruments (Liquid Fuel delivered from Road Tankers) 
Regulations 2006  S.I. 2006/1269  
The Measuring Instruments (Non -Prescribed Instruments Regulations 2006  S.I. 2006/1270  
The Measuring Instruments (Active Electrical Energy Meters) Regulations 2006  S.I. 2006/1679  
The Measuring Instruments (Exhaust Gas Analysers) Regulations 2006  S.I. 2006/2164  
The Measuring Instruments (Taximeters) Regulations 2006  S.I. 2006/2304  
The Measuring Instruments (Amendment) Regulations 2006  S.I. 2006/2625  
The Measuring Instruments (Gas Meters) Regulations 2006  S.I. 2006/2647  
The Measuring Instruments (Amendment) Regulations 2010  S.I. 2010/2881  
(2) Regulation 28  of the Measuring Instruments (Active Electrical Energy Meters) Regulations 
2006  and regu lation 28 of t he Measuring Instruments (Gas Meters) Regulations 2006  remain in 
force.  
2.—(1) In this paragraph , “the former law” means the Regulations referred to in paragraph 1 (1). 
(2) This paragraph applies to a measuring instrument placed on the market or put into use before 
the commencement date which — 
(a) was required by any provision of the former law to meet the essential requirements; and  
(b) would be a regulated measuring instrument if it were placed on the market or put into use 
on or after the commencement date.  
                                                                                                                                            
(a) OIML, the Organisation Inte rnational de Métrologie Légal, is an intergovernmental body dedicated to the harmonisation of 
the national metrology regulations of its members. The OIML R99 standard edition 2000E, was developed  by the OIML 
subcommittee TC16/SC 1, Air pollution   44 (3) An instrument to which this paragraph applies which meets the requirements of the former 
law applicable to it is to be treated as meeting the requirements of these Regulations.  
(4) Where an instrument to which this paragraph applies does  not meet the requirements of the 
former law it shall be tre ated as not meeting the requirements of these Regulations and these 
Regulations apply to that instrument as they apply to a regulated instrument placed on the market 
or put into use after the comm encement date which does not comply with the requirements of 
these Regulations  
(5) Part 6 (Use for trade of regulated measuring instruments) applies to instruments to which this 
paragraph applies as it applies to a regulated measuring instrument placed on the market or put 
into use after the commencement date.  
(6) A certificate granted under any provision of the former law has effect as if granted under the 
corresponding provision of these Regulations .  
3.—(1) The Electromagnetic Compatibility Reg ulations 200 6 are amended as follows.  
(2) In regulation 13(1), after  “Directive 2004/22/EC” insert  “or Directive 2014/32/EU” . 
4.—(1) Schedule 5 to Consumer Rights Act 2015 (a) is amended as follows.  
(2) In the list in paragraph 10 insert the follo wing entry — 
“regulation 69  of the Measur ing Instruments Regulations 2016 ”. 
 SCHEDULE 4 Regulation 44(2)  
OPERATIONAL OBLIGATIONS OF NOTIFIED BODIES  
1. Conformity as sessment must be carried ou t in a proportionate manner, avoiding unnecessary 
burdens for economic operators.  
2. Conformity assessment bodies must  perform their activities taking due account of  
(a) the size of an undertaking;  
(b) the sector in which it operates, its structure;  
(c) the degree of complexity of the of the measuring instrument technology in question; and  
(d) the mass or serial nature of the production process  
but respec ting the degree of rigour and the level of protection required for compliance of the 
measuring instrument with these Regulations . 
3. Where a notified body finds that the essential requirements have not been met by a 
manufacturer, it must require that manufacturer to take appropriate corrective measures and must 
not issue a certificate of conformity.  
4. Where in the course of the monitoring of conformity following the issue  of a certificate, a 
notified body finds that a measuring instrument no longer complies, it shall require the 
manufacturer to take appropriate corrective measures and shall suspend or w ithdraw the certificate 
if necessary.  
5.Where corrective measured are not taken or do not have the required effect, the notified body 
shall restrict, suspend of withdraw any certificates, as appropriate.  
6. Where a person is aggrieved at a decision taken by a  notified body  in relation to the 
conformity assessment of a measuring instrument, the notified body must have appropriate 
arrangements for the review of  that decision by a person who was not involved in the taking of 
that decision  
                                                                                                                                            
(a) 2015 c.5.  45 7. Notified bodies must inf orm the notifying authority of the following — 
(a) any refusal, restriction, suspension or withdrawal of a certificate;  
(b) any circumstances affecting the scope of or conditions for notification;  
(c) any request for information which they have received from market sur veillance 
authorities regarding  conformity assessment ; and  
(d) on request, conformity assessment activities performed within the scope of their 
notification  and any other activity  performed, including cross -border activities and 
subcontracting.  
8. Notified bodi es must provide other bodies notified under this Directive carrying out similar 
conformity assessment activities covering the same measuring instruments  with relevant 
information on issues relating to negative and, on request positive conformity assessment  results.  
9. Notified  bodies must — 
(a) when requested by the Secretary of State, nominate a representative to attend a group 
convened by the Commission pursuant to Article 40 of the Directive; and  
(b) ensure attendance of that representative at meetings of the group . 
 SCHEDULE 5 Regulation 58(4)   
REQUIREMENTS RELATED TO NOTIFIED BODIES  
1. A conformity assessment body must be established under the national law of a Member State 
and have legal personality  
2.—(1) A conformity assessment body must be a third -party body independent of the 
organisation or the measuring instrument it assesses.  
(2) A body belonging to a business association or professional federation representing 
undertakings invol ved in the design, manufacturing, provision, assembly, use or maintenance of 
measuring instruments which it assesses may, on condition that its independence and the absence 
of any conflict of interest are demonstrated, be considered  a body of the kind ref erred to in sub -
paragraph (1).  
3.—(1) A conformity assessment body, its top level management and the personnel responsible 
for carrying out the conformity assessment tasks must not be — 
(a) the designer, manufacturer, supplier, installer, purc haser, owner, user or maintainer of the 
measuring instruments they assess; or  
(b) the representative of any of the parties referred to in paragraph (a).  
(2) Sub-paragraph (1) does not preclude the use of assessed measuring instruments that are 
necessary for the op erations of the conformity assessment body or the use of such instruments for 
personal purposes.  
(3) A conformity assessment body, its top level management and the personnel responsible for 
carrying out the conformity assessment tasks must not — 
(a) be directly inv olved in the design, manufacture or construction, the marketing, 
installation, use or maintenance of the measuring instruments they assess;  
(b) represent the parties engaged in the activities referred to in paragraph (a); or  
(c) engage in any activity that may co nflict with their independence of judgement or integrity 
in relation to conformity assessment activities for which they are notified, in particular 
consultancy services.  
(4) Paragraph (3) does not preclude the possibility of exchanges of technical information 
between the manufacturer and the body for the purposes of conformity assessment.   46 (5) Conformity assessment bodies must ensure that the activities of their subsidiaries or sub -
contractors do not affect the confidentiality, objectivity or impartiality of their c onformity 
assessment activities.  
4. Conformity assessment bodies and their personnel must — 
(a) carry out the conformity assessment activities with the highest degree of professional 
integrity and the requisite technical competence in the specific field; and  
(b) be free from all pressures and inducements, particularly financial, which might —  
(i) influence their judgement or  
(ii) the results of their conformity assessment activities, especially as regards persons or 
groups of persons with an interest in those activities.  
5.—(1) A conformity assessment body must be capable of carrying out all the conformity 
assessment ta sks assigned to it by Schedule 3  and in relation to which it has been notified, whether 
those tasks are carried out by — 
(a) the conformity assessm ent body itself; or  
(b) on its behalf and under its responsibility.  
(2) A conformity assessment body must, at all times and for each conformity assessment 
procedure and each kind or category of measuring instruments in relation to which it has been  
notified — 
(a) have at its disposal the necessary — 
(i) personnel with technical knowledge and sufficient and appropriate experience to 
perform the conformity assessment tasks;  
(ii) descriptions of procedure in accordance with which conformity assessment is carried 
out, ensuring, the transparency and the ability of reproduction of those procedures; 
and 
(iii) procedure for the performance of activities which take due account of the size of and 
undertaking, the sector in which it operates, its structure, the degree of complexity of 
the measuri ng instrument technology in question and the mass or serial nature of the 
production process; and  
(b) have appropriate policies and procedures in place that distinguish between tasks it carries 
out as a notified body and other activities.  
(3) A conformity assessme nt body must have  
(a) the means necessary to perform the technical and administrative tasks connected with the 
conformity assessment activities in an appropriate manner; and  
(b) access to all necessary equipment or facilities.  
6. The personnel responsible for carry ing out conformity assessment tasks must have the 
following — 
(a) sound technical and vocational training covering all the conformity assessment activities 
in relation to which the conformity assessment body has been notified;  
(b) satisfactory knowledge of the requ irements of the assessments they carry out and 
adequate authority to carry out those assessments;  
(c) appropriate knowledge and understanding of — 
(i) the essential requirements ; 
(ii) the applicable harmonised standards and normative documents; and  
(iii) the relevant provisi ons of Union harmonisation legislation and of national 
legislation; and  
(d) the ability to draw up certificates, records and reports demonstrating that assessments 
have been carried out .  47 7. The impartiality of the conformity assessment bodies, their top level ma nagement and of the 
personnel responsible  
8.—(1) The impartiality of the conformity assessment bodies, their top level management and of 
the personnel responsible for carrying out the c onformity assessment tasks must  be guaranteed.  
(2) The re muneration of the top level management and personnel responsible for carrying out 
the conformity assessment tasks of a conformity assessment body shall not depend on the number 
of assessments carried out or the results of those assessments  
9.—(1) Conformity assessment bodies must take out liability insurance.  
(2) Sub-paragraph (1) does not apply to th e Secretary of State  or a body where liability for 
conformity assessment activities is assumed by the Cro wn. 
10.—(1) Except wher e disclosure is permitte d by virtue of any rule of law,  the personnel of a 
conformity assessment body must observe professional secrecy with regard to  all information 
obtained in  the carrying out their tasks under these Regulations  except in relation to co mpetent 
authorities of the Member States in which its activities are carried out.  
(2) Proprietary right s must be protected.  
11. Conformity assessment bodies must participate in, or ensure that their personnel responsible 
for carrying out the conformity assessment  tasks are informed of, the relevant standardisation 
activities and the activities of the notified body co -ordination group established under the relevant 
Union harmonisation legislation and shall apply as general guidance, the administrative decisions 
and documents produced as a result of the work of that group.  
 SCHEDULE 6 Regulation 64 
IN SERVICE REQUIREMENTS FOR CERTAIN KINDS OF 
REGULATED MEASURING INSTRUMENTS  
PART 1 
INTRODUCTORY  
1. This Schedule applies to the use for trade of regulated measuring in struments as follows — 
(a) Part 2 applies to water meters used for trade for the supply of potable water in the 
temperature range from 0.1°C to and including 30°C;  
(b) Part 3 applies to measuring system s which are  used for the continuous and dynamic 
measurement of a liquid fuel, lubricant or a mixture of fuel and lubricant in a quantity not 
exceeding 100 litres or 100 kilograms other than — 
(i) liquefied petroleum gas; or  
(ii) liquefied natur al gas;  
(c) Part 4 applies to meter measuring system s (other than one used in connection with the 
refuelling of aircraf t, ships or hovercraft) which are  used for the continuous and dynamic 
measurement of liquid fuel in a quantity exceeding 100 litres or 1 00 kilograms delivered 
from a road tanker other than — 
(i) liquefied gases;  
(ii) lubricating oils;  
(iii) liquid fuels of a temperature below -153°C; or  
(iv) liquid fuels of a dynamic viscosity exceeding 100 millipascal seconds at 15°C;  
(d) Part 5 applies to automatic catchweighers ; 
(e) Part 6 applies to automatic gravimetric filling instruments;;   48 (f) Part 7 applies to automatic discontinuous totalisers;  
(g) Part 8 applies to automatic rail weighbridges;  
(h) Part 9 applies to beltweighers;  
(i) Part 10 applies to material measures of length ; and  
(j) Part 11  applies to capacity serving measures.  
PART 2 
COLD WATER METERS  
Requirements for use for trade  
2. No pe rson may use for trade a water meter for the supply of potable water to domestic 
premises in the temperature range from 0.1°C to an d including 30°C (“a cold water meter”) 
unless — 
(a) it is compliant with the essential requirements applicable to cold water meters (other than 
the provisions relating to maximum permissible errors);  
(b) it operates within the maximum permissible errors set out in  paragraph 3; and  
(c) the requirements of paragraph 4 are complied with.  
Maximum permissible error  
3.—(1) Where a cold -water meter is used for trade within a fl owrate range set out in column 1 
of the following Table, it must operate within the maximum permissible error specified for that 
flowrate range set out in column 2 of that Table.  
Table  
Column 1  Column 2  
Flowrate range  Maximum permissible error as a percen tage of 
quantity delivered  
Q2 to ˂ Q 2 ± 6%  
Q2 to and including Q 4 ± 2.5%  
  
(2) For the purposes of that Table — 
(a) “Q1” is the lowest flowrate at which the cold -water meter provides indications that satisfy 
the requirements concerning the maximum permissible e rrors;  
(b) “Q2” is the flowrate value occurring between the permanent and minimum flowrates, at 
which the flowrate range is divided into two zones, the upper zone and the lower zone, 
each zone having a characteristic maximum permissible error;  
(c) “Q3” is the perm anent flowrate; and  
(d) “Q4” is the highest flowrate at which the cold -water meter operates in a satisfactory 
manner.  
4.—(1) Where a cold water meter is marked with — 
(a) a temperature range, it must not be used  for trade in temperatures outside that range;  
(b) a flowrate range, it must not be used at a flowrate outside that range.  
(2) Where a cold -water meter bears a mar which signifies the manner and purposes of use, it 
must not be used for trade in a manner or for a purpose which does not accord with t hat marking.  
(3) A cold water meter must not be used for trade in circumstances — 
(a) in which it may be prevented from opera ting consistently or accurately ; or  49 (b) which are likely prematurely to degrade its metrological characteristics.  
(4) A cold -water meter must not be  used for trade unless, when adjusted, the calibration of the 
instrument is set as close to zero as practicable.  
PART 3 
LIQUID FUEL AND LUBRICANTS  
Requirements for use for trade  
5. In this Part of this Schedule “measuring system” mean s a measuring system which is used for 
the continuous and dynamic measurement of a liquid fuel, lubricant or a mixture of fuel and 
lubricant in a quantity not exceeding 100 litres or 100 kilograms other than — 
(a) liquefied petroleum gas; or  
(b) liquefied natural g as. 
6. No person may use for trade a measuring system unless — 
(a) it is compliant with the essential requirements other than the provisions relating to 
maximum permissible errors;  
(b) it is so positioned as to facilitate testing;  
(c) it operates within the maximum p ermissible errors in paragraph 7; and 
(d) the requirements of paragraph 8 are complied with . 
Maximum permissible error  
7.—(1) In the case of a measuring system used  to measure a quantity of liquid fuel — 
(a) above the measured quantity of the instrument, the maximum permissible error shall be 
determined in accordance with the following Table  
 
 Accuracy class of measuring system  
0.3 0.5 1.0 1.5 2.5 
Column 1  Column 2  Column 3  Column 4  Column 5  Column 6  
Quantity  MPE  MPE  MPE  MPE  MPE  
Less than 
0.1L + 4.8ml  
-2.4mL  +8mL  
-4mL  +16mL  
-8mL  +24mL  
-12mL  +40mL  
-20mL  
From 0.1L to 
˂ 0.2L  + 4.8%  
-2.4%  + 8%  
-4% +16%  
-8% + 24%  
-12% + 40%  
-20% 
From 0.2L to 
˂ 0.4L  + 4.8ml  
-2.4mL  + 8mL  
-4mL  + 16mL  
-8mL  + 24mL  
-12mL  + 40mL  
-20mL  
From 0.4L to 
˂ 1L  + 1.2%  
-0.6%  + 2%  
-1% + 4%  
-2% + 6%  
-3% + 10%  
-5% 
From 1L to ˂ 
2L +12mL  
-6mL  +20mL  
-10mL  +40mL 
-20mL  +60mL  
-30mL  +100mL  
-50mL  
2L or more  +0.6%  
-0.3%  +1%  
-0.5%  +2%  
-1% +3%  
-1.5%  +5%  
-2.5%  
 
(b) equal to the minimum measured quantity of the instrument, the maximum permissible 
error shall be determined in accordance with the following Table.  
 
 Accurac y class of measuring system  
0.3 0.5 1.0 1.5 2.5  50 Column 1  Column 2  Column 3  Column 4  Column 5  Column 6  
Quantity  MPE  MPE  MPE  MPE  MPE  
Less than 
0.1L  +4.8ml  
-2.4mL  +8mL  
-4mL  +16mL  
-8mL  +24mL  
-12mL  +40mL  
-20mL  
From 0.1L to 
˂ 0.2L  + 4.8%  
-2.4%  +8%  
-4% + 16%  
-8% +24%  
-12% +40%  
-20% 
From 0.2L to 
˂ 0.4L  + 9.6mL  
-4.8mL  + 16mL  
-8mL  + 32mL  
-16mL  + 48mL  
-24mL  + 80mL  
-40mL  
From 0.4L to 
˂ 1L  + 2.4%  
-1.2%  + 4%  
-2% +8%  
-4% + 12%  
-6% + 20%  
-10% 
From 1L to ˂ 
2L +24mL  
-12mL  +40mL  
-20mL  +80mL  
-40mL  +120ml  
-60mL  +200mL  
-100mL  
2L or more  +1.2%  
-0.6%  +2%  
-1% +4%  
-2% +6%  
-3% +10%  
-5% 
 
(2) But the maximum permissible error for a quantity above the minimum measured quantity of 
the instrument shall not be less than the maximum permissible error fo r a quantity equal to the 
minimum measured quantity.  
(3) Where the instrument falls within an accuracy class of 0.3, 0.5, 1.0, 1.5 or 2.5, it shall, for a 
quantity set out in column 1 of the relevant Table, operate within the maximum permissible error 
set out in column 2, 3,  4, 5 or 6 of that Table for that class and that quantity.  
Manner of use  
8.—(1) Where a measuring system is marked with — 
(a) a temperature range, it shall not  be used for trade in temperatures outside that range;  
(b) a flowrate ra nge, it shall not be used for trade at a flowrate outside that range  
(2) A measuring system shall not be used for trade unless it is marked in a manner which is 
sufficiently clear to enable the buyer to identify the product which that instrument delivers but t his 
paragraph shall not apply where the instrument is used in the absence of the buyer.  
(3) A measuring system shall not be used for trade in circumstances which are likely 
prematurely to degrade its metrological characteristics.  
(4) A measuring system shall not b e used for trade unless the sales indicator — 
(a) is set to zero before measurement of the liquid fuel commences;  
(b) remains at zero until that fuel starts to emerge from the instrument;  
(c) is not reset to zero during measurement of that fuel; and  
(d) cannot be advanced by any means other than by the discharge of that fuel from the 
instrument and the proper operation of instrument.  
(5) If a measuring system is adjusted, it shall not be used for trade unless the calibration of the 
instrument is set as close to zero error as is  practicable.  
(6) Where a measuring instrument used for trade bears a mark (other than a mark referred to in 
paragraph (1) which signifies the manner and purpose of use, that instrument shall not be used in a 
manner or for a purpose which does not accord with that marking.  
(7) A measuring system shall not be used in circumstances in which it may be prevented from 
operating consistently or accurately.  
(8) Nothing in paragraphs (6) or (7) shall prevent the use for trade of an instrument where a 
buyer chooses to take a de livery which is less than the minimum measured quantity.   51 PART 4 
LIQUID FUEL DELIVERED FROM ROAD TANKERS  
Requirements for use for trade  
9. In this Part of this Schedule, “meter measuring system” means  a meter measuring system 
(other th an one used in connection with the refuelling of aircraft, ships or hovercraft) which is 
used for the continuous and dynamic measurement of liquid fuel in a quantity exceeding 100 litres 
or 100 kilograms delivered from a road tanker other than — 
(a) liquefied g ases;  
(b) lubricating oils;  
(c) liquid fuels of a temperature below -153°C; or  
(d) liquid fuels of a dynamic viscosity exceeding 100 millipascal seconds at 15°C;  
10. No person shall use for trade a meter measuring system unless — 
(a) it is compliant with the essential require ments other than the provisions relating to 
maximum permissible errors;  
(b) it is erected an installed so as to facilitate testing;  
(c) it operates within the maximum permi ssible errors in paragraph 11; 
(d) the requirements of paragraphs 12 and 13 are complied with.  
Maximum permissible error  
11.—(1) An instrument which falls within an accurac y class of 0.3, 0.5 or 1.0 must , when us ed 
to measure a quantity set out in column 1 of the following Table, operate within the maximum 
permissible error as set out in column 2, 3 or 4 of that Table for that class and that quantity.  
 
 Accuracy class  
0.3 0.5 1.0 
Column 1  Column 2  Column 3  Colu mn 4  
Quantity delivered  Maximum permissible  
error  Maximum permissible  
error  Maximum permissible  
error  
MMQ to and 
including MMQ x 2  ± 0.6% x MMQ  ± 1% x MMQ  ±2% x MMQ  
˃MMQ x 2  ± 0.3% x quantity 
delivered  ± 0.5% x quantity 
delivered  ± 1.0% x quantity 
delivered  
(2) In the Table, “MMQ” means minimum measured quantity  
Manner of use  
12.—(1) Where a measuring system is marked with — 
(a) a temperature range, it shall not  be used for trade in temperatures outside that range;  
(b) a flowrate range, it shall not be used for trade at a flowrate outside that range  
(2) A meter measuring system which bears a mark which signifies the manner and purpose of 
use shall not be used for tra de in a manner or for a purpose which does not accord with that 
marking.  
(3) If a measuring system is adjusted, it shall not be used for trade unless the calibration of the 
instrument is set as close to zero error as is practicable.  
(4) A meter measuring system sh all not be used for trade unless it is fitted with a ticket printing 
mechanism which provides an individual printed ticket   52 (5) A measuring system shall not be used for trade in circumstances which are likely 
prematurely to degrade its metrological characterist ics. 
(6) A measuring system shall not be used for trade unless the sales indicator — 
(a) is set to zero before measurement of the liquid fuel commences;  
(b) remains at zero until that fuel starts to emerge from the instrument;  
(c) is not reset to zero during measurement of  that fuel; and  
(d) cannot be advanced by any means other than by the discharge of that fuel from the 
instrument and the proper operation of instrument.  
(7) A measuring system shall not be used in circumstances  
(a) which are likely prematurely to degrade its metrolog ical characteristics; or  
(b) in which it may be prevented from operating consistently or accurately.  
Minimum measured quantity  
13.—(1) A meter measuring system shall not be used to measure quantities of liquid fuel 
delivered from a road tanker  that are less than the minimum measured quantity but this paragraph 
shall not apply where — 
(a) a measurement is made to determine payments in respect of any customs or excise duty; 
or 
(b) a frustrated delivery had taken place and all reasonable precautions have b een taken and 
all due diligence has been exercised to avoid a frustrated delivery.  
(2) In sub -paragraph (1)(b), “frustrated delivery” means a delivery of liquid fuel from a road 
tanker which cannot be completed because — 
(a) there is insufficient space in the buyer ’s storage tank;  
(b) continuing the delivery would result in contamination of the liquid fuel or the mixing of 
different types of liquid fuel; or  
(c) a component of the meter measuring system breaks down.  
PART 5 
AUTOMATIC CATCHWEIGHERS  
Interpretation of Part  
14. In this Part — 
(a) references to an automatic catchweigher being in class Y(I) are to an automatic 
catchweigher which has a minimum capacity of not less that 100e;  
(b) references to an automatic catchweigher being in class Y(II) are to an automa tic 
catchweigher which has a minimum capacity of not less than 20e for  0.001g ≤ e ≤ 0.05g 
and 50 e for 0.1g ≤ e;  
(c) references to an automatic catchweigher being in class Y(a) are to an automatic 
catchweigher which has a minimum capacity of not less than 20e ; and  
(d) references to an automatic catchweigher being in class Y(b) are to an automatic 
catchweigher which has a minimum capacity of not less that 10 e.  
Requirements for use for trade of automatic catchweighers  
15.—(1) No person shall use fo r trade an automatic catchweigher unless — 
(a) it is compliant with the essential requirements other than the provisions relating to 
maximum permissible errors;   53 (b) in the case of an automatic catchweigher of accuracy class Y(I), Y(II), Y(a) or Y(b) it 
operates wit hin the maximum permi ssible errors in paragraph 16 
(c) the requirements of paragraphs 17 to 20 are complied with;  
(d) it has been erected and  installed in accordance with the requirements of paragraph 21; 
Maximum permissible error  
16.—(1) The maximum permissible error for an automatic catchweigher in automatic operation 
is to be determin ed in accordance with the following table — 
 
Net Load (m) in verification scale intervals (e)  Maximum 
permissible 
error  Maximum 
permissible 
error  
Y(I) Y(II)  Y(a) Y(b)  Static 
Weighing  Dynamic 
weighing  
0 ˂ m ≤ 50 
000 0 ˂ m ≤ 5 000  0 ˂ m ≤ 500  0 ˂ m ≤ 50  ±0.5 e ±1.0 e  
50 000 ˂ m ≤ 
200 000  5 000 ˂ m ≤ 
20 000  500 ˂ m ≤ 20 
2000  5 ˂ m ≤ 200  ±1.0 e  ±1.5 e  
200 000 ˂ m  20 000 ˂ m≤ 
100 000  2 000 ˂ m ≤ 
10 000  200 ˂ m ≤ 20 
1 000  ±1.5 e  ±2.0 e  
(2) The maximum permissible error for an automatic catchweigher in non -automat ic operation is 
to be determined in accordance with the following table — 
 
Accuracy classes  Verification  scale 
interval  Number of verification scale intervals n=Max/e  
Minimum  Maximum  
Y(I) 0.001 g ≤ e  50 000  - 
Y(II)  0.001 g ≤ e≤ 0.05g  100 100 000  
 0.1 g ≤ e  5 000  100 000  
Y(a) 0.1 g ≤  e ≤ 2 g  100 10 000  
 5g ≤ e  500 10 000  
Y(b) 5g ≤ e  100 1 000  
Manner of use  
17. An automatic catchweigher marked with a measurement range may be used for trade for 
trade for determining the weight of any item by ascertaini ng the difference between the weight of 
that item and a separate item, where both items fall within the measurement range.  
18. Where an automatic catchweigher is marked with a measurement range, no person may use 
the instrument for trade for determining a wei ght outside that range in relation — 
(a) to, or to articles made from, gold, silver or other precious metals, including gold or silver 
thread or fringe; or  
(b) to precious stones or pearls; or  
(c) to drugs or other pharmaceutical products.  
19. No person may use for trade an automatic catchweigher other than an instrument of accuracy 
class Y(I) or Y(II) in any transaction — 
(a) in, or in articles made from gold silver or other precious metals, including gold or silver 
thread or fringe; or  
(b) precious stones or pearls.  
20.—(1) Where an automatic catchweigher is marked with a temperature range, it must not be 
used for trade in temperatures outside that range.   54 (2) Where an automatic catchweigher bears a mark which signifies the manner and purpose of 
use, it must not be use d for trade in a manner or for a purpose which does not accord with that 
marking.  
(3) An automatic catchweigher of accuracy class Y(b) must only be used for weighing ballast or 
waste.  
(4) An automatic catchweigher must not be used for trade in circumstances — 
(a) in wh ich it may be prevented from operating consistently or accurately; or  
(b) which are likely prematurely  to degrade its metrological characteristics.  
(5) For the purposes of paragraph (3), “waste” means any substance that its holder  , discards, or 
intends or is req uired to discard, including any waste disposed of for reprocessing or recycling 
purposes . 
Manner of erection and installation  
21.—(1) Every automatic catchweigher must be positioned so as to facilitate cleaning and 
testing.  
(2) The installatio n of an automatic catchweigher must be so designed that an automatic 
weighing operation will be the same for testing as for use for a transaction.  
(3) If an automatic catchweigher has any special equipment for its control which is not a 
permanent fixture of th e instrument, it must be kept in the vicinity of the instrument.  
PART 6 
AUTOMATIC GRAVIMETRIC FILLING INSTRUMENTS  
22.—(1) No person may use for trade an automatic gravimetric filling instrument unless  
(a) it is complian t with the essential requirements other than the provisions relating to 
permissible errors;  
(b) the instrument operates within the limits of the maximum permissible error determined in 
accordanc e with paragraph 23 
(c) the requirements of paragraphs 24 and 25 are complied with;  
(d) it has been erected and installed in accordance with the requirements of paragraph 26; 
(e) subject to paragraph (f), where test fills are required these limits are determined on the 
basis of consecutive fills; and  
(f) in the case of an instrument of the description and maximum capacity set out respectively, 
in columns 1 and 2 of the Table s et out in this paragraph, it is within the accuracy class 
specified for that instrument in column 3 or within an accuracy class of a higher level of 
precision than the specified class  
Accuracy classes for automatic gravimetric filling instruments used for trade  
Description of use of filling 
instrument  Maximum capacity of filling 
instruments  Accuracy Class  
(1) (2) (3) 
For use for weighing potato 
crisps and other snack foods  Any capacity  X2 
For use for weighing solid fuel  110 kg or less  X(1)  
For use for w eighing vegetable 
produce  55kg or less  X(1)  
For weighing waste  Any capacity  X(1)  
For use for weighing materials 
not described in any of the Less than 5kg  
 X(1)   55 above  5kg or more  
 X(0.5)  
Maximum permissible error  
23.—(1) A automatic gr avimetric filling instrument shall have a specified accuracy class X(x)  
for which the maximum permissible error value of each fill from the average shall be equal to the 
limits specified in the following table, multiplied by the class designation factor ( x) calculated in 
accordance with sub -paragraph (2)  
 
Value of the mass of the fills (m) in grams  Maximum permissible deviation of each fill 
from the average for class X(1)  
 In use  
m ≤ 50  9% 
50 ˂ m ≤ 100  4.5 grams  
100 ˂ m ≤ 200  4.5%  
200 ˂ m ≤ 300  9 gram s 
300 ˂ m ≤ 500  3% 
500 ˂ m ≤ 1000  15 grams  
1 000 ˂ m ≤ 10 000  1.5%  
10 000 ˂ m ≤ 15 000  150 grams  
15 000 ˂ m  1% 
(2)  In sub -paragraph (1), (x) shall be 1 x 10k, 2 x 10k, 5 x 10k, k being a positive or negative 
whole number or zero.  
(3) For in -service testing , when the reference particle mass exceeds 0.1 of the maximum 
permissible in -service deviation, the values derived from the table in sub -paragraph (1) shall be 
increased by 1.5 times the value of the reference particle mass. However the maximum value of 
the maximum permissible deviation shall not exceed (x) x 9%.  
(4) Particle mass correction is not applicable to limits which are derived from the table in sub -
paragraph (1) including influence quality tests and zero setting  
(5) The table in sub -paragraph (1) is illus trative of the maximum permissible deviation where 
the class designation factor is 1.  
Manner of use  
24.—(1) Where an automatic gravimetric filling instrument is marked with a temperature range, 
it must not be used for trade in temperatures  outside that range.  
(2) Where an automatic gravimetric filling instrument bears a mark which signifies the manner 
and purpose of use, it must not be used for trade in a manner or for a purpose which does not 
accord with that marking.  
(3) An automatic gravimetric filling instrument must only be used for trade for the purpose of 
weighing material the value of which, expressed in units of measurement of mass, is neither less 
than the value of the minimum capacity nor more than the value of the maximum capacity.  
(4) An au tomatic gravimetric filling instrument must not be used for trade in circumstances — 
(a) in which it may be prevented from operating consistently or accurately; or  
(b) which are likely prematurely to degrade its metrological characteristics.  
Automatic gravimetric f illing instruments to be set to zero  
25.—(1) Subject to sub -paragraph (2), a person must not use an automatic gravimetric filling 
instrument for trade unless it is properly balanced or set to zero immediately prior to use.   56 (2) Paragraph (1) do es not apply in the case of an instrument if it is designed so as not to balance 
when unloaded.  
Manner of erection and installation  
26.—(1) Every automatic gravimetric filling instrument must be so positioned as to facilitate 
cleaning and testing.  
(2) Any special equipment for the control of measuring tasks performed by an automatic 
gravimetric filling instrument which is not a permanent fixture of the instrument must be kept in 
the vicinity of the instrument.  
PART 7 
AUT OMATIC DISCONTINOUS TOTALISERS  
Requirements for use for trade  
27. No person shall use for trade an automatic discontinuous totaliser unless — 
(a) it is compliant with the essential requirements other than the provisions relating to 
maximum permissible err ors; 
(b) the requirements of paragraph 28 
(c) it has been erected and installed in accordance wi th the requirements of  paragraph 29; 
(d) in the case of an instrument falling within an accuracy cl ass set out in column 1 of the 
following Table, it falls within the maximum permissible error for that class set out in 
column 2 of that Table.  
Table  
(1) 
Accuracy class  (2) 
Maximum permissible error of totalised load  
0.2 ± 0.2%  
0.5 ± 0.5%  
1 ± 1.0%  
2 ± 2.0%  
Manner of use  
28.—(1) Where an automatic discontinuous totaliser is marked with a temperature range, it shall 
not be used for trade in temperatures outside that range.  
(2) Where an instrument bears a mark which signifies the manner and purpose of use, it shall not 
be used for trade in a manner or for a purpose which does not accord with that marking.  
(3) An automatic discontinuous totaliser shall only be used for trade for the purpose of weighing 
material the value of which, expressed in unit s of measurement of mass, is not — 
(a) less than the minimum totalised load;  
(b) less than the value of the minimum capacity unless processed as the last discrete load of a 
trade transaction; or  
(c) more than the value of the maximum capacity.  
(4) An automatic discontinuou s totaliser shall not be used for trade in such a manner as to 
cause — 
(a) spillage of material from the load receptor; or  
(b) loading of the weighing unit above its maximum capacity.  
(5)  An automatic discontinuous totaliser shall not be used for trade in circumstance s—  57 (a) in which it may be prevented from operating consistently or accurately; or  
(b) which are likely prematurely to degrade its metrological characteristics.  
Manner of erection and installation  
29.—(1) An automatic discontinuous totaliser shall be so positioned as to facilitate cleaning and 
testing.  
(2) If any special equipment for an automatic discontinuous totaliser is not a permanent fixture 
of the instrument, it shall be kept in the vicinity of the instrument.  
(3) In this paragraph “special equipment ” means equipment to allow the control of the 
measuring tasks.  
(4) An automatic discontinuous totaliser which has either a non -automatic zero -setting device or 
semi-automatic zero setting device shall be erected in such a manner that the operator can, 
notwiths tanding the nature of the instrument or its surroundings, readily take up a position from 
which he can check the zero and operate the zero setting controls.  
PART 8 
AUTOMATIC RAIL WEIGHBRIDGES  
Requirements for use for trade  
30. No perso n shall use for trade an automatic rail weighbridge  unless — 
(a) it is compliant with the essential requirements other than the provisions relating to 
maximum permissible errors;  
(b) it is erected and installed in accordance with paragraph 31; 
(c) it operates within the maximum permi ssible errors in paragraph  32 ; 
(d) the requirements of paragraph 33 are complied with.  
Manner of erection and installatio n 
31.—(1) Every automatic rail -weighbridge shall be — 
(a) so positioned as to facilitate cleaning and testing; and  
(b) installed so that the weighing operation is the same for testing as it is for a transaction.  
(2) If the weighing mechanism of the aut omatic rail -weighbridge is contained in a pit, there shall 
be provision for drainage to ensure that no portion of the instrument becomes submerged or 
partially submerged in any liquid.  
Maximum permissible error and accuracy class  
32.—(1) Where an automatic rail -weighbridge falls within an accuracy class in column 1 of the 
following Table, the instrument shall operate within the maximum permissible error specified for 
that class in column 2 of that Table — 
 
Column 1  Column 2  
Accuracy class  Maximum permissible error as a percentage of the mass of a 
single wagon or total train  
0.2 ± 0.2%  
0.5 ± 0.5%  
1 ± 1.0%  
2 ± 2.0   58 (2) Where an automatic rail -weighbridge falls within an accuracy class of 2, it shall only be used 
for trade for the weighing of a wagon loaded with — 
(a) any of the materials to which the expression “ballast” applies in Schedule 4 of the 1985 
Act; 
(b) any material the disposal of which constitutes a landfill disposal as defined in section 
70(2) of the Finance Act 1996( a), whether or not the  disposal amounts to a taxable 
disposal as defined in section 40 of that Act; or  
(c) waste . 
(3) For the purposes of paragraph (2)(c), “waste” means any substance that its holder discards, 
or intends or is required to discard, including any waste disposed of for re processing or recycling 
purposes.  
Manner of use  
33.—(1) Where an automatic rail -weighbridge is marked with — 
(a) a temperature range, it must not be used for trade in temperatures outside that range;  
(b) a weight measurement range, it must not be u sed for trade in a manner or for a purpose 
that does not accord with that marking.  
(2) Where an automatic rail -weighbridge bears a mark which signifies the manner and purpose 
of use, it must not be used for trade in a manner or for a purpose which does not acc ord with that 
marking.  
(3) An automatic rail -weighbridge must not be used for trade — 
(a) unless it is properly balanced or set to zero immediately prior to use; or  
(b) in circumstances — 
(i) in which it may be prevented from operating consistently or accurately; or  
(ii) which a re likely prematurely to degrade its metrological characteristics.  
(4) Where an automatic rail -weighbridge is fitted with a printing device, the instrument must not 
be used for trade unless the printing device produces a printout which — 
(a) indicates the weight or  each wagon weighed or, in the case of a total train, the weight of 
that total train;  
(b) indicates which wagon, if any, has travelled over the load receptor at a speed outside the 
range of operating speeds; and  
(c) is not altered due to any wagon travelling over the load receptor more than once.  
PART 9 
BELTWEIGHERS  
Requirements for use for trade  
34. No person shall use for trade a beltweigher unless — 
(a) it is compliant with the essential requirements other than the provisions relating to 
maximum permissible errors;  
(b) the requirements of paragraphs 35 and 36 are complied with;  
(c) it has been erected and installed in accordance with the requirements of paragraph 37; and  
                                                                                                                                            
(a) 1996 c.8.   59 (d) in the cas e of a beltweigher of an accuracy class set out   in column 1 of the Table set 
out in this paragraph it is within the maximum permissible error for that accuracy class as 
set out in column of that Table.  
 
Column  (1)  Column 2  
Accuracy Class  Maximum permiss ible error for totalised load  
0.5 ± 0.5%  
1 ± 1%  
2 ± 2.0%  
Manner of use  
35.—(1) Where a beltweigher is marked with a temperature range, it shall not be used for trade 
in temperatures outside that range.  
(2) Where a beltweigher bears a mark which signifies the manner and purpose of use, it shall not 
be used for trade in a manner or for a purpose which does not accord with that marking.  
(3) A beltweigher of accuracy class 2 shall only be used for trade for weighing any of the 
materials to which th e term “ballast” applies in Schedule 4 of the 1985 Act.  
(4) A beltweigher shall not be used for trade in such a manner as to cause — 
(a) spillage of material from the belt; or  
(b) loading of the weighing unit above its maximum capacity.  
(5) A beltweigher shall not be used for trade in circumstances — 
(a) in which it may be prevented from operating consistently or accurately;  
(b) or which are likely prematurely to degrade its metrological characteristics.  
Position of the operator  
36. Every beltweigher shall be erected in such a manner t hat the operator can readily take up a 
position from which he can — 
(a) read any indication of zero totalisation;  
(b) operate any zero -setting control; and  
(c) see whether the belt passing over the weighing unit is empty.  
Manner of erection and installation  
37.—(1) Every beltweigher shall be positioned so as to facilitate cleaning and testing.  
(2)  The installation of a beltweigher shall be so designed that an automatic weighing operation 
will be the same for testing as for a transaction.  
(3) Every beltweigher shall be erected in such a way that it is possible to carry out a material test 
in a place where it is to be used, including in particular the depositing on, or removal from, the 
belt of material test loads in a reliable and easy manner, without disrupting  the normal operation of 
the beltweigher.  
(4) Any special equipment for the control of the measuring tasks of a beltweigher which is not a 
permanent fixture of the instrument, must be kept in the vicinity of the instrument.   60 PART 10 
MATE RIAL MEASURES OF LENGTH  
Requirements for use for trade  
38. No person shall use for trade a material measure of length unless — 
(a) it is compliant with the essential requirements other than the provisions relating to limits 
of maximum permissible er rors; 
(b) it operat es within twice the limits of maximum permissible erro r referred to in the 
essential requirement s; and  
(c) the req uirements of  paragraph 39 are complied with.  
Manner of use  
39.—(1) Where a material mea sure of length is marked with a temperature range, it shall not be 
used for trade in temperatures outside that range.  
(2) Where a measure bears an inscription which signifies the manner and purpose of  use, it shall 
not be used for trade in a manner or for a p urpose which does not accord with that inscription.  
(3) No person shall use a material measure of length for trade in such manner as to expose it to 
environmental or other influences which may adversely affect its accuracy or function  
PART 11 
CAPACITY SERVING MEASURES  
Requirements for use for trade  
40. No person shall use for trade a capacity serving measure unless — 
(a) it is compliant with the essential requirements;  
(b) the requ irements of 41 are complied with;  and 
(c) it does not bear any decorations or designs which may cause confusion in use . 
Manner of use  
41. No person shall use for trade a capacity serving measure for the measurement of intoxicating 
liquor before its transfer to a container in which the buyer  is to receive it, unless the buyer has a 
clear and unobstructed view of the measurement and transfer.  
 
 
 
 
EXPLANATORY NOTE  
(This note is not part of the Regulations)