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STATUTORY INSTRUMENTS


2006 No. 2647

WEIGHTS AND MEASURES

The Measuring Instruments (Gas Meters) Regulations 2006

  Made 1st October 2006 
  Laid before Parliament 5th October 2006 
  Coming into force 30th October 2006 


CONTENTS


PART 1

PRELIMINARY
1. Citation and commencement
2. Interpretation
3. Relevant instrument

PART 2

PLACING ON THE MARKET AND PUTTING INTO USE OF GAS METERS
4. Requirements for placing on the market and putting into use
5. Compliance with the essential requirements
6. Conformity assessment procedures
7. Designation of United Kingdom notified bodies
8. Functions of notified bodies
9. Provisions supplemental to regulation 7
10. Variation and termination of designation
11. Fees
12. Marking and identification requirements
13. Conformity with other directives

PART 3

ENFORCEMENT
14. Enforcement authority
15. Unauthorised application of authorised marks
16. Compliance notice procedures
17. Immediate enforcement action
18. Powers of entry and inspection
19. Obstruction of enforcement officer
20. Review of decisions of enforcement authority
21. Penalties for offences
22. Defence of due diligence
23. Liability of persons other than the principal offender

PART 4

MISCELLANEOUS AND SUPPLEMENTAL
24. Adaptation for Northern Ireland
25. GEMA's power to act on behalf of Northern Ireland Regulator
26. Service of documents
27. Savings for certain privileges
28. Consequential modifications of enactments: Great Britain
29. Consequential modifications of enactments: Northern Ireland

  SCHEDULE 1—  
 PART 1— ESSENTIAL REQUIREMENTS
 PART 2— PUTTING INTO USE REQUIREMENTS

  SCHEDULE 2— NOTIFIED BODIES
 PART 1— NOTIFIED BODY CRITERIA
 PART 2— FUNCTIONS

  SCHEDULE 3— TECHNICAL DOCUMENTATION

  SCHEDULE 4— MARKING AND INSCRIPTIONS

  SCHEDULE 5— ADAPTATIONS FOR NORTHERN IRELAND

The Secretary of State, who is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972[
1] 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[2], makes the following Regulations in exercise of the powers conferred by section 2(2)—



PART 1

PRELIMINARY

Citation and commencement
     1. —(1) These Regulations may be cited as the Measuring Instruments (Gas Meters) Regulations 2006.

    (2) These Regulations shall come into force on 30th October 2006.

Interpretation
    
2. —(1) In these Regulations—

who has been notified to the Commission and the other member States pursuant to Article 11(1);

    (2) In these Regulations, a reference to a member State includes Norway, Iceland and Liechtenstein[6].

    (3) References in these Regulations to an Article, Annex or a part of an Annex are references to an Article, Annex, or part of an Annex to the Directive.

Relevant instrument
     3. —(1) A "relevant instrument" is a gas meter which is for use for trade.

    (2) A relevant instrument is not an instrument which is—

before 30th October 2016.

    (3) A relevant instrument is not an instrument which is—

before 30th October 2016.

    (4) A relevant instrument is not an instrument—

    (5) A relevant instrument is not an instrument 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 temperature of 15 °C and a pressure of 1013.25 millibars, would exceed 1600 cubic metres an hour or the equivalent quantity in kilograms.

    (6) A relevant instrument is not an instrument which is not compliant with the essential requirements and which is displayed or presented at a trade fair, exhibition or demonstration, if a sign displayed visibly on or near the instrument clearly indicates that the instrument—



PART 2

PLACING ON THE MARKET AND PUTTING INTO USE OF GAS METERS

Requirements for placing on the market and putting into use
     4. —(1) No person shall place on the market or put into use a relevant instrument unless the following requirements, or the corresponding requirements of the Directive as implemented under the law of another member State, are met—

    (2) Where a person fails to comply with the requirements of paragraph (1)(a), (b) or (c)—

Compliance with the essential requirements
    
5. —(1) A manufacturer may demonstrate that a relevant instrument is compliant with the essential requirements by—

and selecting and following one of the conformity assessment procedures.

    (2) A relevant instrument which is compliant with the relevant national standard or relevant normative document shall be presumed to be compliant with the essential requirements.

    (3) Where the relevant instrument is compliant only in part with the relevant national standard or relevant normative document, it shall be presumed to be compliant only with that part of the essential requirements which corresponds to the element of the relevant national standard or relevant normative document with which the instrument is compliant.

Conformity assessment procedures
    
6. —(1) The conformity assessment procedures are the procedures as follows—

    (2) The manufacturer or his authorised representative shall provide to the notified body carrying out the relevant conformity assessment procedure the technical documentation set out in Schedule 3.

    (3) In this regulation—

Designation of United Kingdom notified bodies
    
7. —(1) GEMA, on the application of a person resident, incorporated or carrying on business in Great Britain, and NIAER, on the application of a person resident, incorporated or carrying on business in Northern Ireland, may designate that person to be a United Kingdom notified body.

    (2) GEMA (or, as the case may be, NIAER) shall not make a designation under paragraph (1) unless it is satisfied that the person meets the notified body criteria.

    (3) A person who meets the criteria laid down in a national standard shall be presumed to meet that part of the notified body criteria which corresponds to the criteria in the national standard.

    (4) A designation under paragraph (1)—

    (5) In exercising the power conferred on it by paragraph (1), GEMA (or, as the case may be, NIAER) may (in addition to the matters of which it is required to satisfy itself pursuant to paragraph (2)) have regard to any matter appearing to it to be relevant.

    (6) For the purpose of paragraph (3), "national standard" means a standard applicable to the designation of notified bodies—

Functions of notified bodies
    
8. A notified body shall carry out the functions set out in Part 2 of Schedule 2.

Provisions supplemental to regulation 7
    
9. —(1) GEMA (except in relation to designations made by NIAER) and NIAER (in relation to designations made by it) shall, from time to time, publish a list of notified bodies indicating, in the case of each United Kingdom notified body, the descriptions of any relevant instrument in respect of which that notified body is designated; and such a list may include information concerning any condition to which the designation of any United Kingdom notified body is subject.

    (2) GEMA (in relation to designations made by it) and NIAER (in relation to designations made by it) shall, from time to time, carry out an inspection of each United Kingdom notified body with a view to verifying that it—

but, unless it appears that there are circumstances which make it necessary or expedient to do so, shall not carry out an inspection within two years from the date of designation under regulation 7, or of any later inspection under this paragraph.

Variation and termination of designation
    
10. —(1) GEMA (in relation to designations made by it) or NIAER (in relation to designations made by it) may vary a designation made under regulation 7 if—

    (2) GEMA (in relation to designations made by it) or NIAER (in relation to designations made by it) may terminate a designation made under regulation 7—

    (3) Where GEMA (or, as the case may be, NIAER) is minded to—

it shall

    (4) If a designation is terminated under paragraph (2), GEMA (or, as the case may be, NIAER) may—

Fees
    
11. —(1) A United Kingdom notified body may charge such fees in connection with, 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—

    (3) The power in paragraph (1) includes the power to require the payment of fees or a reasonable estimate of such fees in advance of carrying 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 completed 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 will be suspended until payment of the fees has been received.

    (5) GEMA or NIAER may charge any person fees to recover the full costs reasonably incurred by it in—

    (6) Where, in accordance with regulation 25, GEMA, acting on behalf of NIAER, makes a designation under regulation 7 or carries out an inspection under regulation 9, GEMA may charge any person fees to recover the full costs reasonably incurred by it in making the designation or carrying out the inspection.

Marking and identification requirements
    
12. —(1) Where a relevant instrument is compliant with the essential requirements—

    (2) Any other marking may be affixed to the relevant instrument provided that the visibility and legibility of the CE marking, the M marking and the identification number of the notified body are not reduced.

    (3) For the purposes of paragraph (1)—

Conformity with other directives
    
13. —(1) Where a relevant instrument falls within the scope of other directives which provide for the affixing of the CE marking, the affixing of the CE marking under these Regulations shall indicate that the instrument is also presumed to be compliant with the requirements of those other directives.

    (2) Where paragraph (1) applies, the publication reference of such other directives in the Official Journal of the European Union must be given in the documents, notices or instructions required to accompany the relevant instrument.



PART 3

ENFORCEMENT

Enforcement authority
    
14. —(1) The following authorities shall enforce these Regulations—

    (2) No proceedings for an offence under these Regulations may be instituted in England and Wales, except by or on behalf of an enforcement authority.

    (3) Nothing in this regulation shall authorise an enforcement authority to bring proceedings in Scotland for an offence.

Unauthorised application of authorised marks
    
15. —(1) Subject to paragraphs (2) and (3), a person shall be guilty of an offence if, in the case of an relevant instrument, he—

    (2) Where the alteration or defacement of an authorised mark is occasioned solely in the course of the adjustment or repair of a relevant instrument by a person regularly engaged in the business of repair of such instruments, or by his authorised agent, that person or his authorised agent, shall not be guilty of an offence under paragraph (1)(b).

    (3) Where the alteration or defacement of an authorised mark is occasioned solely in the course of a duty imposed by regulation 4 of the Gas (Meters) Regulations 1983[
12] by a meter examiner (within the meaning of those Regulations), that person shall not be guilty of an offence under paragraph (1)(b).

    (4) A person shall be guilty of an offence if he places on the market or puts into use a relevant instrument—

    (5) Where an offence under this regulation has been committed in respect of a relevant instrument which has not been put into use, the instrument, and any implement used in the commissioning of the offence, shall be liable to be forfeited.

    (6) A reference in this regulation to other provisions of these Regulations includes a reference to corresponding provisions under the laws of other member States.

    (7) In this regulation, "authorised mark" means the CE marking, the M marking or the identification number of the notified body which carried out the conformity assessment procedure in respect of the relevant instrument.

Compliance notice procedures
     16. —(1) Where an enforcement authority establishes that, in the case of a relevant instrument that has been placed on the market or put into use, the CE marking or the M marking has, or both have, been affixed unduly, the following provisions of this regulation shall have effect.

    (2) The enforcement authority shall serve a compliance notice on the manufacturer or his authorised representative which shall—

    (3) For the purposes of paragraph (1)—

    (4) Where an enforcement authority other than GEMA or NIAER serves a compliance notice, it shall at the same time send a copy of the notice to GEMA (or to NIAER, if it is acting on its behalf).

    (5) Where GEMA, acting in accordance with regulation 25, serves a compliance notice, it shall at the same time send a copy of the notice to NIAER.

Immediate enforcement action
    
17. —(1) Where an enforcement authority has reasonable grounds for considering that—

the following provisions of this regulation shall have effect.

    (2) The enforcement authority shall serve an enforcement notice on the manufacturer or his authorised representative which shall—

    (3) A notice under paragraph (2) may—

    (4) Where an enforcement authority other than GEMA or NIAER serves an enforcement notice, it shall at the same time send a copy of the notice to GEMA (or to NIAER, if it is acting on its behalf).

    (5) Where GEMA, acting in accordance with regulation 25, serves an enforcement notice, it shall at the same time send a copy of the notice to NIAER.

    (6) If, in the case of a certificate or notification granted by a United Kingdom notified body, GEMA (in relation to a notified body which it has designated) or NIAER (in relation to a notified body which it has designated) is of the opinion that consideration ought to be given to whether the certificate or notification should be withdrawn, GEMA (or, as the case may be, NIAER) shall inform that notified body of that fact.

    (7) If, in the case of a certificate or notification granted under the law of another member State, GEMA or NIAER is of the opinion that consideration ought to be given to whether the certificate or notification should be withdrawn, it shall inform the relevant competent authority of that fact.

Powers of entry and inspection
     18. —(1) Subject to the production if so requested of his credentials, an enforcement officer may for the purpose of these Regulations, at all reasonable times—

    (2) Subject to the production if so requested of his credentials, an enforcement officer may, at any time, seize and detain—

    (3) If a justice of the peace, on written information on oath—

the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise the enforcement officer to enter the premises, if need be by force.


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URL: http://www.bailii.org/uk/legis/num_reg/2006/20062647.html