S.I. No. 296 of 2008

LEGAL METROLOGY (MARKS) REGULATIONS 2008.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th July, 2008.

I, PATRICK FARRAGHER, Director of Legal Metrology, in exercise of the powers conferred on me by Sections 6, 16 and 17 of the Metrology Act 1996 , hereby make the following regulations:

Citation

1. These Regulations may be cited as the Legal Metrology (Marks) Regulations 2008.

Interpretation

2. (1) In these Regulations-

‘Act’ means the Metrology Act 1996 (No. 27 of 1996);

‘authorised person’ means a person designated by a special body to apply the verification mark to specific instrument types or categories;

‘EEC initial verification’ means the procedure leading to affixation of the EEC initial verification mark on any measuring instrument;

‘EEC initial verification mark’ has the meaning given to it in Regulation 5 (1) of the 1973 Regulations;

‘special body’ means a body authorised under Section 12 of the Act;

‘1973 Regulations’ means the European Communities (Measuring Instruments) Regulations 1973 ( S.I. No. 67 of 1973 );

‘1992 Regulations’ means the European Communities (Non-automatic Weighing Instruments) Regulations 1992 ( S.I. No. 424 of 1992 );

‘2007 Regulations’ means the Legal Metrology (European Conformity Assessment of Measuring Instruments) Regulations 2007 ( S.I. No. 160 of 2007 ).

(2) Words and phrases not otherwise defined herein shall have the meanings assigned to them by the Act.

Application of Regulations

3. (1) These Regulations prescribe the form, design and related matters for verification and security marks to be used to signify conformance or non-conformance of measuring instruments with any verification conformity assessment procedure in force or as prescribed under the Act other than-

(a) EEC initial verification, or

(b) any conformity assessment procedure leading to the affixation of the CE mark or marking to any measuring instrument under the 1992 Regulations or the 2007 Regulations.

(2) Nothing in these Regulations shall invalidate the meaning or effect of marks or stamps provided for in the Weights and Measures (Stamps) Regulations 1958 or any other Regulations under the Act in relation to verification marks or markings which have been validly applied to instruments prior to the commencement of these Regulations.

Identification of inspectors and authorised persons

4. (1) The Director shall assign an unique identification to each inspector and authorised person according to geographic area, type of work undertaken, or other distinguishing criterion as the Director may deem fit.

(2) The Director shall make the identification system and a list of identifications assigned by him available on request by any person appearing to him to have a proper interest therein.

Design

5. (1) The design of the verification mark is given in Figure I of the Schedule.

(2) The design of the non-conformity mark is given in Figure 2 of the Schedule.

(3) The design of the obliteration mark is given in Figure 3 of the Schedule.

Security

6. Where it is required for verification that a security seal or securing device be applied to protect critical parts of an instrument, the seal or securing device shall carry a security mark as given in Figure 4 of the Schedule.

Return of used stamps or unused marks

7. All stamps shall be returned to the Director when out of date or taken out of service.

Revocation

8. The Weights and Measures (Stamps) Regulations 1958 ( S.I. No. 137 of 1958 ) are revoked.

SCHEDULE

Figure 1 - verification mark

Accompanied by-

the unique identifier for the inspector or authorised person

year of application (two or four digit)

Figure 2 - non-conformity mark

Accompanied by-

the unique identifier for the inspector

year of application (two or four digit)

Figure 3 - obliteration mark

Accompanied by-

the unique identifier for the inspector

year of application (two or four digit)

Figure 4 - security mark

Accompanied by-

the unique identifier for the inspector or authorised person

year of application (two or four digit)

GIVEN under my hand,

24 July 2008

PATRICK FARRAGHER.

Director of Legal Metrology.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations replace and update existing Regulations relating to official marks to be applied to measuring instruments prescribed for use for the purpose of trade.

The form and design of the official marks are set out in the Schedule to the Regulations.