Statutory Instruments
1993 No. 798
FEES AND CHARGES
The Measuring Instruments (EEC Requirements) (Fees) Regulations 1993
Made
17th March 1993
Laid before Parliament
19th March 1993
Coming into force
9th April 1993
The Secretary of State for Trade and Industry, with the consent of the Treasury, in exercise of the powers conferred on him by section 56(1) and (2) of the Finance Act 1973(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and revocation
1.—(1) These Regulations may be cited as the Measuring Instruments (EEC Requirements) (Fees) Regulations 1993 and shall come into force on 9th April 1993.
(2) The Measuring Instruments (EEC Requirements) (Fees) Regulations 1988(2), the Measuring Instruments (EEC Requirements) (Fees) (Amendment) Regulations 1989(3), the Measuring Instruments (EEC Requirements) (Fees) (Amendment) Regulations 1990(4), the Measuring Instruments (EEC Requirements) (Fees) (Amendment) Regulations 1991(5), the Measuring Instruments (EEC Requirements) (Fees) (Amendment) Regulations 1992(6) and the Non-automatic Weighing Instruments (EEC Requirements) (Fees) Regulations 1992(7) are hereby revoked.
Interpretation
2. In these Regulations—
“the 1988 principal Regulations” means the Measuring Instruments (EEC Requirements) Regulations 1988(8); and
“the 1992 principal Regulations” means the Non-automatic Weighing Instruments (EEC Requirements) Regulations 1992(9); and
“the relevant Measuring Instruments Community obligations” means the Community obligations of the United Kingdom under Council Directive No. 71/316/EEC(10) (which relates to measuring instruments in general) and the Council Directives listed in Schedule 1 to these Regulations; and
“the relevant Non-automatic Weighing Instruments Community obligations” means the Community obligations of the United Kingdom under Council Directive 90/384/EEC(11); and
“approved body”, “approved type”, “EC type-approval certificate”, “EC unit verification”, “instrument” and “sticker” shall have the same meanings as in the 1992 principal Regulations.
Fees relating to EEC initial verification of certain instruments and systems
3.—(1) The fees payable in connection with the services provided by the Department of Trade and Industry in pursuance of the relevant Measuring Instruments Community obligations relating to EEC initial verification, (implemented by regulation 13(9) of, and Schedule 3 to, the 1988 principal Regulations) shall be determined and payable in accordance with Schedule 2 to these Regulations, whether or not the instrument passes the EEC initial verification.
(2) The fees payable in connection with the services provided by the Department of Trade and Industry in pursuance of the relevant Measuring Instruments Community obligations relating to EEC initial verification, (implemented by regulation 7 of the Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977(12)) shall be determined and payable in accordance with Schedule 2 to these Regulations, whether or not the instrument passes the EEC initial verification.
Fees relating to EEC pattern approval
4.—(1) The fees payable in connection with the services provided by the Department of Trade and Industry in pursuance of the relevant Measuring Instruments Community obligations relating to the grant and extension of EEC pattern approval and modifications or additions to EEC approved patterns, (implemented by regulation 8 of, and Schedule 2 to, the 1988 principal Regulations) shall be determined and payable in accordance with Schedule 3 to these Regulations, whether or not EEC pattern approval is granted or extended as the case may be.
(2) In the case of alcoholometers and alcohol hydrometers and taximeters, in respect of which regulation 8 of, and Schedule 2 to, the 1988 principal Regulations are applied by regulation 5 of the Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977(12) and regulation 6 of the Taximeters (EEC Requirements) Regulations 1979(13) respectively, the fees shall be determined and payable in accordance with paragraph (1) above.
Fees relating to designation of approved bodies
5. The fees payable in connection with the services provided by the Department of Trade and Industry in pursuance of the relevant Non-automatic Weighing Instruments Community obligations relating to the designation of approved bodies (implemented by regulation 9 of the 1992 principal Regulations) shall be determined and payable in accordance with Schedule 4 to these Regulations, whether the body is designated or not.
Fees relating to the grant of an EC type-approval certificate
6. The fees payable in connection with the services provided by the Department of Trade and Industry in pursuance of the relevant Non-automatic Weighing Instruments Community obligations relating to the grant or extension of an EC type-approval certificate and the issue of an addition to an original EC type-approval certificate (implemented by regulation 10 of the 1992 principal Regulations) shall be determined and payable in accordance with Schedule 5 to these Regulations, notwithstanding that the Secretary of State may not grant or extend the EC type-approval certificate or issue an addition to the original EC type-approval certificate in accordance with regulation 10(3), (4) and (9) respectively.
Fees relating to EC unit verification
7. The fees payable in connection with the services provided by the Department of Trade and Industry in pursuance of the relevant Non-automatic Weighing Instruments Community obligations relating to EC unit verification (implemented by regulation 12 of the 1992 principal Regulations) shall be determined and payable in accordance with Schedule 6 to these Regulations, notwithstanding that the Secretary of State may refuse to affix an EC mark of conformity or a sticker in accordance with regulation 12(3).
Consolidated Fund
8. All fees received under these Regulations shall be paid into the Consolidated Fund.
N. Hamilton
Parliamentary Under-Secretary of State,
Department of Trade and Industry
10th March 1993
We consent,
Tim Wood
Irvine Patnick
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 1993
Regulation 2
SCHEDULE 1
Council Directive No.
Subject Matter
Pattern Approval
Initial Verification
71/319/EEC(14)
Meters for liquids other than water
Yes
Meters for pressurised liquefied gas only
71/347/EEC(15) as amended(16)
The measuring of the standard mass per storage volume of grain
Yes
Yes
71/348/EEC(17) as amended(18)
Ancillary equipment for meters for liquids other than water
Yes
No
73/360/EEC(19) as amended(20)
Non-automatic weighing machines
No
Machines of class of special or high accuracy only
73/362/EEC(21) as amended(22)
Material measures of length
Yes
Measures in Class I only
74/148/EEC(23)
Above-medium accuracy weights
No
Yes
75/33/EEC(24)
Cold-water meters
Yes
No
75/410/EEC(25)
Continuous totalising weighing machines
Yes
No
76/765/EEC(26)
Alcoholometers and alcohol hydrometers
Yes
Yes
77/95/EEC(27)
Taximeters
Yes
Yes
77/313/EEC(28) as amended(29)
Measuring systems for liquids other than water
Yes, for those systems specified in section 3.1.1 of the Annex to the Directive
Pressurised liquefied gas measuring systems only
78/1031/EEC(30)
Automatic checkweighing and weight grading machines
Yes
No
79/830/EEC(31)
Hot-water meters
Yes
No
86/217/EEC(32)
Tyre pressure gauges for motor vehicles
Yes
No
Regulation 3
SCHEDULE 2FEES FOR EEC INITIAL VERIFICATION OF CERTAIN INSTRUMENTS AND SYSTEMS
1. Where regulation 13(9) of the 1988 principal Regulations applies (EEC initial verification), the fees shall be—
(a)an amount in respect of any time calculated to the nearest quarter of an hour (a period of 7½ minutes being rounded up to a quarter of an hour) taken to conduct the initial verification at the rate of £47.00 per hour, due and payable as indicated in paragraph 3 below; and
(b)the amount of additional expenses, if any, incurred by or occasioned to the Secretary of State by reason of any part of the initial verification taking place at a place other than the National Weights and Measures Laboratory of the Department of Trade and Industry, due and payable as indicated in paragraph 3 below.
2. Where regulation 7 of the Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977(33) applies (initial verification) there shall be a fixed fee of £52.00, payable as indicated in paragraphs 3 and 4 below.
3. Subject to paragraph 4 below, the amounts referred to in paragraph 1(a) and (b) above shall be due and payable on the service on the applicant of an invoice from the Secretary of State monthly in arrears.
4. On completion of the initial verification, the Secretary of State shall serve an invoice on the applicant for the amount of the fees, together with notification that the initial verification has been completed, and the amount shall, before notification of the result, be due and payable to the Secretary of State.
Regulation 4
SCHEDULE 3FEES FOR EEC PATTERN APPROVAL
1. Where regulation 8(1), (2) or (5) of the 1988 principal Regulations applies (application for grant of EEC pattern approval or for modification or additions to, or for extension of, an EEC approved pattern), the fees shall be—
(a)an amount in respect of any time calculated to the nearest quarter of an hour (a period of 7½ minutes being rounded up to a quarter of an hour) taken by examination staff conducting the examination at the rate of £59.00 per hour and by equipment test unit staff in testing the pattern at the rate of £47.00 per hour, including any time spent in travelling, and any time during which the pattern is tested in an environmental testing chamber at the rate of £10.00 per hour, due and payable as indicated in paragraphs (2) and (3) below; and
(b)the amount of additional expenses, if any, incurred by or occasioned to the Secretary of State, by reason of any part of the examination taking place at a place other than the National Weights and Measures Laboratory of the Department of Trade and Industry, due and payable as indicated in paragraphs (2) and (3) below.
2. Subject to paragraph 3 below, the amounts referred to in paragraph (1)(a) and (b) above shall be due and payable on the service on the applicant of an invoice from the Secretary of State monthly in arrears.
3. On completion of the examination, the Secretary of State shall serve an invoice on the applicant for the final amount of the fees, together with the notification of such completion, and the final amount shall, before notification of the result, be due and payable to the Secretary of State.
Regulation 5
SCHEDULE 4FEES FOR DESIGNATION OF APPROVED BODIES
1. Where regulation 9(1) of the 1992 principal Regulations applies (designation of approved bodies) the fees are as follows—
(a)a fixed fee of £200.00 to cover the costs of considering each initial application for designation; and
(b)the amount of additional expense, if any, incurred by or occasioned to the Secretary of State by reason of any part of the consideration of such an application taking place at a place other than the National Weights and Measures Laboratory of the Department of Trade and Industry; and
(c)the amount of additional expense, if any, incurred by or occasioned to the Secretary of State by reason of employing the assistance of a third party for the consideration of any such application;
and the total shall be due and payable as indicated in paragraph 2 below.
2. On completion of the consideration of the application for designation, the Secretary of State shall serve an invoice on the applicant for the amount of the fees, together with notification that the consideration of the application for designation has been completed, and the amount shall, before notification of the result, be due and payable to the Secretary of State.
Regulation 6
SCHEDULE 5FEES RELATING TO THE GRANT OF AN EC TYPE-APPROVAL CERTIFICATE
1. Where regulation 10(1), (4) or (9) of the 1992 principal Regulations applies (application for the grant of an EC type-approval certificate or for the extension of an EC type-approval certificate or for the approval of modifications or additions of an approved type), the fees shall be the aggregate of any one or more of the following—
(a)the amount in respect of any time calculated to the nearest quarter of an hour (a period of 7½ minutes being rounded up to a quarter of an hour) taken by examination staff conducting the examination at the rate of £59.00 per hour and by equipment test unit staff in testing the type at the rate of £47.00 per hour (including any time spent in travelling);
(b)the amount in respect of any time during which the type is:—
(i)tested in an environmental testing chamber at the rate of £10.00 per hour;
(ii)tested in a load cell testing facility, at the rate of £91.00 per hour;
(iii)tested for electromagnetic compatibility at the rate of £48.00 per hour;
(c)the amount of additional expense, if any, incurred by or occasioned to the Secretary of State, by reason of any part of the examination or testing taking place at a place other than the National Weights and Measures Laboratory of the Department of Trade and Industry;
(d)the amount of additional expense, if any, incurred by or occasioned to the Secretary of State by reason of employing the assistance of a third party in the examination or testing;
and shall be due and payable as indicated in paragraphs 2 and 3 below.
2. Subject to paragraph 3 below, the amounts referred to in paragraph (1)(a), (b), (c) and (d) above shall be due and payable upon the service on the applicant of an invoice from the Secretary of State monthly in arrears.
3. On completion of the examination and testing, the Secretary of State shall serve an invoice on the applicant for the final amount of the fees, together with a notification of such completion, and the final amount shall, before notification of the result, be due and payable to the Secretary of State.
Regulation 7
SCHEDULE 6FEES FOR EC UNIT VERIFICATION
1. Where regulation 12 of the 1992 principal Regulations applies (application for EC unit verification) the fees shall be the aggregate of any one or more of the following—
(a)the amount in respect of any time calculated to the nearest quarter of an hour (a period of 7½ minutes being rounded up to a quarter of an hour) taken by examination staff conducting the examination at the rate of £59.00 per hour and by equipment test unit staff in testing the instrument at the rate of £47.00 per hour, including any time spent in travelling;
(b)the amount in respect of any time during which the instrument is:—
(i)tested in an environmental testing chamber, at the rate of £10.00 per hour;
(ii)tested in a load cell testing facility, at the rate of £91.00 per hour;
(iii)tested for electromagnetic compatibility, at the rate of £48.00 per hour;
(c)the amount of additional expense, if any, incurred by or occasioned to the Secretary of State, by reason of any part of the examination or testing taking place at a place other than the National Weights and Measures Laboratory of the Department of Trade and Industry;
(d)the amount of additional expense, if any, incurred by or occasioned to the Secretary of State by reason of employing the assistance of a third party in the consideration of the application for EC unit verification;
and shall be due and payable as indicated in paragraphs 2 and 3 below.
2. Subject to paragraph 3 below, the amounts referred to in paragraph (1)(a), (b), (c) and (d) above shall be due and payable upon the service on the applicant of an invoice from the Secretary of State monthly in arrears.
3. On completion of the examination and testing the Secretary of State shall, serve an invoice on the applicant for the final amount of the fees together with a notification of such completion, and the amount shall, before notification of the result, be due and payable to the Secretary of State.
Explanatory Note
(This note is not part of the Regulations)
1. These Regulations replace and consolidate the Measuring Instruments (EEC Requirements) (Fees) Regulations 1988, as amended, and the Non-automatic Weighing Instruments (EEC Requirements) (Fees) Regulations 1992.
2. Regulations 3 and 4 and Schedules 1 to 3 apply to all measuring instruments, whilst Regulations 5 to 7 and Schedules 4 to 6 apply only to non-automatic weighing instruments.
3. These Regulations stipulate the new fees payable in connection with services provided by the Department of Trade and Industry with regard to measuring instruments as follows:
EEC initial verification of certain measuring instruments and systems: £47.00 per hour (a reduction from £55.00 per hour);
EEC initial verification of all classes of alcoholometers and alcohol hydrometers: a fixed fee of £52.00 (an increase from £32.10);
EEC pattern approval: for examiner staff £59.00 per hour (an increase from £36.50 per hour), equipment test unit staff £47.00 per hour (a reduction from £55.00 per hour), for use of an environmental testing chamber £10.00 per hour (an increase from £5.00 per hour).
4. The Regulations also stipulate the new fees payable in connection with services provided by the Department of Trade and Industry with regard to non-automatic weighing instruments only as follows:
For designation of approved bodies: a fixed fee of £200.00 (an increase from £180.00) with additional amounts to be computed as incurred.
For grant of an EC type-approval certificate or the approval of modifications or additions to an approved type and EC unit-verification: for examiner staff £59.00 per hour (an increase from £36.50 per hour), for equipment test unit staff £47.00 per hour (a reduction from £55.00 per hour), for use of an environmental testing chamber £10.00 per hour (an increase from £5.00 per hour), for use of a load cell facility £91.00 per hour (an increase from £90.00 per hour), and if tested for electromagnetic compatibility £48.00 per hour (an increase from £45.00 per hour).
5. All the fees mentioned in these Regulations are payable monthly in arrears except those relating to fixed fees which are payable on completion of the work.
(1)
1973 c. 51.
(2)
S.I. 1988/1184.
(3)
S.I. 1989/620
(4)
S.I. 1990/478.
(5)
S.I. 1991/873.
(6)
S.I. 1992/761.
(7)
S.I. 1992/3093.
(8)
S.I. 1988/186, amended by S.I. 1988/1128.
(9)
S.I. 1992/1579.
(10)
O.J. No. L202, 6.9.1971, p.1 (OJ/SE 1971 (II) p.707), as amended by Council Directives No. 72/427/EEC (O.J. No. L291, 28.12.1972, p.156, OJ/SE 1972, 28—30 Dec, p.71), No. 83/575/EEC (O.J. No. L332, 28.11.1983, p.43), No. 87/354/EEC (O.J. No. L192, 11.7.1987, p.43) and No. 87/355/EEC (O.J. No. L192, 11.7.1987, p.46).
(11)
O.J. No. L189, 20.7.90, p.1 as corrected by corrigendum published in O.J. No. L258, 22.9.90, p.35.
(12)
S.I. 1977/1753, amended by S.I. 1988/1128.
(13)
S.I. 1979/1379.
(14)
O.J. No. L202, 06.09.1971, p.32 (OJ/SE 1971 (III) p.740).
(15)
O.J. No. L239, 25.10.1971, p.1.
(16)
Cmnd. 5179—I p.181.
(17)
O.J. No. L239, 25.10.1971, p.9 (OJ/SE 1971 (III) p.860).
(18)
Cmnd. 5179—I p.182.
(19)
O.J. No. L335, 05.12.1973, p.1.
(20)
O.J. No. L236.
(21)
O.J. No. L335, 05.12.1973, p.56.
(22)
O.J. No. L206, 29.07.1978, p.8.
(23)
O.J. No. L84, 28.03.1974, p.3.
(24)
O.J. No. L14, 20.01.1975, p.1.
(25)
O.J. No. L183, 14.07.1975, p.25.
(26)
O.J. No. L262, 29.07.1976, p.143.
(27)
O.J. No. L26, 31.01.1977, p.59.
(28)
O.J. No. L105, 28.04.1977, p.18.
(29)
O.J. No. L252, 27.08.1982. p.10.
(30)
O.J. No. L364, 27.12.1978, p.1.
(31)
O.J. No. L259, 15.10.1979, p.1.
(32)
O.J. No. L152, 06.06.1986, p.48.
(33)
S.I. 1977/1753, amended by S.I. 1988/1128.
