The Non-automatic Weighing Instruments Regulations 2016

In forceThis text since 27 Feb 2025law://uk/uksi/2016/1152@2026-11-12

Contents

1,154 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

Part 1 · Introductory
1. 1 Citation commencement and extent
2. 2 Interpretation
3. 2A Designated standard
4. 3 Application of these Regulations
5. 4 Revocations and transitional and consequential provisions
6. 4A Transitional provision in relation to EU Exit
Part 2 · Regulated non-automatic weighing instruments – obligations of economic operators
1. Chapter 1 Obligations of manufacturers and persons to be treated as manufacturers
2. Chapter 2 Obligations of importers
3. Chapter 3 Obligations of distributors
4. Chapter 4 Identification of economic operators
Part 3 · Conformity of regulated non-automatic weighing instruments
1. Chapter 1 Establishing compliance with the essential requirements
2. Chapter 2 Requirements relating to eu declarations of conformity
3. Chapter 3 Conformity marking
Part 4 · Requirements for non-regulated non-automatic weighing instruments
1. 46 (1) This regulation applies to a non-automatic weighing instrument which...
Part 5 · Approval of conformity assessment bodies
1. 47 Approved bodies
2. 48 Approval of conformity assessment bodies
3. 49 Presumption of conformity of approved bodies
4. 50 Monitoring
5. 51 Restriction, suspension or withdrawal of approval
6. 52 Subsidiaries and contractors
7. 53 Register of approved bodies
8. 54 UK national accreditation body
Part 6 · Putting into service of regulated non-automatic weighing instruments for the purposes listed in regulation 3(2)
1. 55 No person shall put into service a regulated non-automatic weighing...
Part 7 · Use for trade of regulated non-automatic weighing instruments in great britain
1. 56 Schedule 4 applies to the use for trade of regulated...
Part 8 · Market surveillance and enforcement
1. Chapter 1 Market surveillance
2. Chapter 2 Enforcement procedures
Part 9 · Offences
1. 71 Unauthorised application of authorised marks
2. 72 Offences by economic operators etc.
3. 73 Penalties for offences
4. 74 Defence of due diligence
5. 75 Liability of persons other than the principal offender
Part 10 · Miscellaneous and supplemental
1. 76 Service of documents etc.
2. 77 Review
Schedule 1 · Information to be marked on regulated non-automatic weighing instruments
1. (1) The number of the EU-type examination certificate, where appropriate.
2. (2) The manufacturer's name, registered trade name or registered trade mark....
3. (3) The accuracy class, enclosed in an oval or in two...
4. (4) Maximum capacity, in the form “Max …..”.
5. (5) Minimum capacity, in the form “Min …..”.
6. (6) Verification scale interval in the form “e =…..”
7. (7) Type, batch and serial number
8. (8) When applicable the following: (a) for instruments consisting of separate...
9. (9) The requirements of points 1.2 to 1.5 of Schedule 8...
Schedule 2 · Operational obligations of notifiedapproved bodies
1. (1) Conformity assessment must be carried out in a proportionate manner,...
2. (2) Conformity assessment bodies must perform their activities taking due account...
3. (3) Where an approved body finds that the essential requirements have...
4. (4) Where in the course of the monitoring of conformity following...
5. (5) Where corrective measured are not taken or do not have...
6. (6) Where a person is aggrieved at a decision taken by...
7. (7) Approved bodies must inform the Secretary of State of the...
8. (8) Approved bodies must provide other bodies approved under these Regulations...
9. (9) Notified bodies must— (a) when requested by the Secretary of...
Schedule 3 · Requirements relating to notified bodies approved body requirements
1. (1) (1) A conformity assessment body must have legal personality and...
2. (2) A conformity assessment body must be a third party body...
3. (3) A body belonging to a business association or professional federation...
4. (4) A conformity assessment body, its top level management and the...
5. (5) A conformity assessment body, its top level management and the...
6. (6) Conformity assessment bodies must ensure that the activities of their...
7. (7) Conformity assessment bodies and their personnel must carry out the...
8. (8) A conformity assessment body must be capable of carrying out...
9. (9) At all times and for each conformity assessment procedure and...
10. (10) A conformity assessment body must have the means necessary to...
11. (11) The personnel responsible for carrying out conformity assessment tasks must...
12. (12) Conformity assessment bodies, their top-level management and the personal responsible...
13. (13) The remuneration of the top-level management and personnel responsible for...
14. (14) A conformity assessment body must satisfy the Secretary of State...
15. (15) The personnel of a conformity assessment body must observe professional...
16. (16) Conformity assessment bodies must participate in, or ensure that their...
Schedule 4 · Use for trade of regulated non-automatic weighing instruments in great britain
1. (1) Restrictions on use of instruments for trade
2. (2) Manner of erection of regulated non-automatic weighing instruments
3. (3) Regulated non-automatic weighing instruments marked with temperature range
4. (4) Regulated non-automatic weighing instruments marked with manner of use
5. (5) Regulated non-automatic weighing instruments fitted with printing devices
6. (6) Load receptors
7. (7) Operation of regulated non-automatic weighing instrument
8. (8) Regulated non-automatic weighing instruments to be set to zero or to be balanced before use
Schedule 5 · Monetary penalties
1. (1) Introduction
2. (2) Procedure
3. (3) Appeals
4. (4) Interest and recovery
Schedule 6 · (Annex I to the Directive)
1. Essential requirements
Schedule 7 · (Annex II to the Directive)
1. Conformity assessment procedures
Schedule 8 · (Annex III to the Directive)
1. Inscriptions
Schedule 9 · DECLARATION OF CONFORMITY (No XXXX)
1. (1) Instrument model/Instrument (product, type, batch or serial number):
2. (2) Name and address of the manufacturer and, where applicable, his...
3. (3) This declaration of conformity is issued under the sole responsibility...
4. (4) Object of the declaration (identification of instrument allowing traceability; it...
5. (5) The object of the declaration described above is in conformity...
6. (6) References to the relevant designated standards used or references to...
7. (7) The approved body … (name, number) performed … (description of...
8. (8) Additional information: — Signed for and on behalf of: —...
Schedule A1 · Disqualification and re-qualification marks
1. (1) Disqualification mark
2. (2) Re-qualification mark

Key facts

Type: Statutory instrument · UKSI 2016/1152
Made by: UK Government (statutory instrument)
Extent: England, Wales, Scotland and Northern Ireland

History · 8 versions

What changed on 27 Feb 2025

Connections

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Amended by 4: The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019; The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020; The Product Safety and Metrology (Amendment) (EU Exit) Regulations 2020; The Treatment of Conformity Assessment Bodies (Comprehensive Economic and Trade Agreement between the Government of Great Britain and Northern Ireland and the Government of the Republic of India) Regulations 2026
Amends 1: Consumer Rights Act 20152 provisions

Defined terms · 49

Show every defined term

accreditation certificate
means a certificate, issued by the UK national accreditation body, attesting that a conformity assessment body meets the approved body requirements.
approved body
has the meaning given to it in regulation 47 (approved bodies);
approved body requirements
means the requirements set out in Schedule 3.
authorised mark
includes the CE marking and the supplementary metrology marking.
authorised representative
means any person established in the United Kingdom who has received a written mandate from a manufacturer to act on the manufacturer's behalf in relation to specified tasks;
commencement date
means the date referred to in regulation 1(2);
competent authority
means a person who is, pursuant to regulation 62 (competent authorities and enforcement proceedings), authorised to enforce these Regulations;
compliance notice
means a notice served in accordance with regulation 63(2);
conformity assessment
means the process demonstrating whether the essential requirements relating to a regulated non-automatic weighing instrument have been met;
conformity assessment body
means a body that performs conformity assessment activities including calibration, testing, certification and inspection;
conformity assessment procedure
means a procedure referred to in regulation 36;
declaration of conformity
means a declaration of conformity required to be drawn up in accordance with Chapter 2 of Part 3;
designated standard
has the meaning given to it in regulation 2A;
disqualification mark
means a marking in the form set out in paragraph 1 of Schedule A1;
distributor
means any person in the supply chain, other than a manufacturer or an importer, who makes a non-automatic weighing instrument available on the market;
economic operator
means a manufacturer, authorised representative, importer or distributor;
enforcement notice
means a notice served in accordance with regulation 64(2);
enforcement officer
means— (a) an inspector;
essential requirements
means, in relation to a regulated non-automatic weighing instrument (or a class of that instrument), the requirements specified as being applicable in relation to that regulated non-automatic weighing instrument (or that class of instrument) in Schedule 6;
event of default
means—
harmonised standard
has the meaning given to it in Article 2(11).
identification number of the requalification authority
means—
importer
means a person who— (a) is established in the United Kingdom and places a non-automatic weighing instrument from a country outside of the United Kingdom on the market;
in writing
includes text that is— (a) transmitted by electronic means;
international standardising body
has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).
make available on the market
means any supply of a non-automatic weighing instrument for distribution or use on the market of Great Britain in the course of a commercial activity, whether in return for payment or free of charge and related expressions are to be construed accordingly;
manufacturer
means any person who— (a) manufactures a non-automatic weighing instrument or has a non-automatic weighing instrument designed or manufactured and markets that instrument under their name or trademark;
market surveillance authority
means the Secretary of State acting in the capacity of market surveillance authority pursuant to the designation made by regulation 57 (the market surveillance authority), and, where the context requires, a market surveillance authority in another EEA state;
Module B
means the conformity assessment procedure set out in point 1 of Annex II;
non-automatic weighing instrument
means a weighing instrument that— (a) serves to determine the mass of a body by using the action of gravity on that body and which may also serve to determine other mass-related magnitudes, quantities, parameters and characteristics;
notified body
means a conformity assessment body that has been notified to the Commission in accordance with Part 5 and includes, where the context so requires, a notified body designated as such in another EEA state in accordance with the Directive;
place on the market
means the first making available of a non-automatic weighing instrument on the market of Great Britain and related expressions are to be construed accordingly;
qualifying Northern Ireland goods
has the meaning given to it in regulations made under section 8C(6) of the European Union (Withdrawal) Act 2018;
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 repealing Regulation (EEC) No 339/93 (as amended from time to time);
re-qualification mark
means a marking in the form set out in paragraph 2 of Schedule A1;
recall
means any measure aimed at achieving the return of a regulated non-automatic weighing instrument that has already been made available to the end-user and related expressions are to be construed accordingly;
recognised standardisation body
means any one of the following organisations—
regulated non-automatic weighing instrument
means a non-automatic weighing instrument which is intended to be used to perform one of the functions referred to in regulation 3(2);
relevant economic operator
means, in relation to a non-automatic weighing instrument, an economic operator with obligations in respect of that non-automatic weighing instrument under Part 2;
subsidiary
has the meaning given to it in section 1159 of the Companies Act 2006.
technical documentation
means the documentation which meets the requirements of Schedule 7;
technical specification
means a document that prescribes technical requirements to be fulfilled by a regulated non-automatic weighing instrument;
the CPTPP
has the meaning set out in section 1 of the Trade (Comprehensive and Progressive Agreement for Trans-Pacific Partnership) Act 2024.
the Directive
means Directive 2014/31/EU of the European Parliament and of the Council of 26th February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments and references to the Directive (or a specific provision of it) are references to the Directive (or that provision)...;
the former law
means the Regulations referred to in paragraph (1) subject to the modifications made in paragraph (3A).
Type-examination certificate
means a type-examination certificate issued by an approved body in accordance with Module B of Schedule 7;
United Kingdom Accreditation Service
means the company limited by guarantee incorporated in England and Wales under number 3076190;
waste
means any substance that its holder, discards, or intends or is required to discard, including any waste disposed of for reprocessing or recycling purposes.
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;