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Statutory Rules of Northern Ireland


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STATUTORY RULES OF NORTHERN IRELAND


2007 No. 387

WEIGHTS AND MEASURES

The Measuring Instruments (Capacity Serving Measures) (Use for Trade) Regulations (Northern Ireland) 2007

  Made 31st August 2007 
  Coming into operation 15th October 2007 

The Department of Enterprise, Trade and Investment[1] makes the following Regulations in exercise of the powers conferred by Article 13(1) of the Weights and Measures (Northern Ireland) Order 1981[2] and now vested in it[3].

Citation and commencement
     1. These Regulations may be cited as the Measuring Instruments (Capacity Serving Measures) (Use for Trade) Regulations (Northern Ireland) 2007 and shall come into operation on 15th October 2007.

Interpretation
    
2. In these Regulations—

Application
     3. —(1) Subject to paragraphs (2) and (3), these Regulations apply to a capacity serving measure described in Schedule 3 to the 2006 Regulations which is—

    (2) These Regulations do not apply to a capacity serving measure which has been first passed as fit for use for trade and stamped before 15th October 2007 under the Capacity Serving Measures (Intoxicating Liquor) Regulations (Northern Ireland) 1993[5] or the Measuring Equipment (Capacity Measures) Regulations (Northern Ireland) 1998[6] and placed on the market before that date.

    (3) These Regulations do not apply to a capacity serving measure to which the 2006 Regulations do not apply by virtue of regulation 3(3) thereof.

Requirements for use for trade
     4. A person shall not use for trade a capacity serving measure unless—

Manner of use
    
5. A person shall not 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.



Sealed with the Official Seal of the Department of Enterprise, Trade and Investment on


31st August 2007.

L.S.


M. Bohill
A senior officer of the Department of Enterprise, Trade and Investment


EXPLANATORY NOTE

(This note is not part of the Regulations.)


These Regulations set out the requirements relating to the use for trade and the manner of use of capacity serving measures. Failure to comply with these requirements is an offence under Article 13(1) of the Weights and Measures (Northern Ireland) Order 1981.

The Regulations have been notified to the European Commission in draft pursuant to Directive 98/34/EC (O.J. No. L204, 21.7.1998, p. 37) as amended by Directive 98/48/EC (O.J. No. L217, 5.8.1998, p.18) which lays down a procedure for the provision of information in the field of technical standards and regulations.


Notes:

[1] Formerly the Department of Economic Development; see S.I. 1999/283 (N.I. 1), Art. 3(5)back

[2] S.I. 1981/231 (N.I. 10) as amended by 2000 c. 5 (N.I.)back

[3] By S.I. 1982/846 (N.I. 11) Art. 4back

[4] S.I. 2006/1264back

[5] S.R. 1993 No. 441 as amended by S.R. 1995 No. 228, S.R. 1998 No. 48 and S.R. 2002 No. 71back

[6] S.R. 1998 No. 48 as amended by S.R. 2004 No. 371 and S.R. 2005 No. 26back



ISBN 978 0 337 97119 8


 © Crown copyright 2007

Prepared 7 September 2007


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