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Proposed Legal Metrology Programme 2005 - 08

By Kyle Ellis,2014-03-26 17:07
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However, within that framework, NWML plans to: Attend regular and ad-hoc technical meetings with, for example, BSI, EI, PRA, UKAS and EMC TLA. 31/3/09

Contents

     Page Executive Summary 3

    Programme Rationale 4

    Theme 1: Statutory Policy Work 6 Theme 2: Statutory Infrastructure 8 Theme 3: Communications 9

    Annex A Summary of Projects and Deliverables Theme 1: Statutory Policy Work 10 Theme 2: Statutory Infrastructure 16 Theme 3: Communications 18

Formulated on behalf of the National Measurement System Policy Unit of

    the Department for Innovation, Universities and Skills by:

    Jo Symons Programme Formulator Anna Jenkins Programme Manager

19 February 2008

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    LEGAL METROLOGY PROGRAMME 2008 2011

EXECUTIVE SUMMARY

    This document details the work of the National Weights & Measures Laboratory (NWML) over the period of April 2008 to March 2011 in delivering the Legal Metrology Programme. The top-level aim of the Programme is to maintain and develop the UK’s position of having a

    leading, modernising and developmental role in international as well as national legal metrology matters.

    The aims and objectives of the Legal Metrology Programme and its role within the National Measurement System (NMS) are described below, together with the programme rationale. The Programme consists of three themes:

    ; Theme 1 Statutory Policy Work, which encompasses all of the

    statutory policy work carried out by NWML for UK Government,

    including policy, better regulation, international co-operation and

    market surveillance.

    ; Theme 2 Statutory Infrastructure, which supports manufacturers

    seeking type approval and Trading Standards officers in their

    market surveillance and inspection duties, by maintaining and

    developing the capabilities of the laboratory facilities.

    ; Theme 3 Communications, which enables UK industry and other

    stakeholders direct access to the technological and regulatory

    expertise developed by NWML. It also enables communication

    between NWML and other bodies involved in legal metrology.

    The Programme contains those objectives and deliverables that have been agreed as providing the highest priorities (including those that are of a mandatory nature) and that give maximum benefit to businesses, consumers, enforcement bodies, manufacturers and government. These benefits will be realised in the short, medium and long-term future.

    This Programme will support developments in innovation and competitiveness; enable the successful underpinning of the UK legal metrology infrastructure; provide the necessary level of protection for consumers, industry and retailers by providing competent assessment routes both for measuring instruments and for transactions of goods; and assist UK manufacturers to compete in an international market for the sale of their products

    The themes are divided into individual projects, which have associated deliverables and outcomes. These are described at Annex A.

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PROGRAMME RATIONALE

    Under this programme we perform our statutory functions as defined by the Weights and Measures Act 1985, the Hallmarking Act 1973, the Coinage Act 1927 and the European Communities Act 1972. Those responsibilities include the maintenance of the UK’s secondary standards of mass, length and volume and ensuring the traceability of measurement through the calibration of local weights and measures authorities’ (LWMA) standards. We develop policy on regulation of weighing and measuring instruments, transactions in goods, units of measurement and hallmarking for Ministers as well as drafting, amending and updating the regulations themselves and representing the UK’s interests in international legal metrology. Knowledge transfer is also provided to UK industry and others to enable them to have direct access to the technological and regulatory expertise developed in the other areas of the work programme.

    The principal aims of the Legal Metrology Programme are, in summary:

; To promote an open, fair and competitive market.

    ; To remove barriers to international trade

    ; To support a fair deal for consumers, retailers, and industrial users. ; To develop and support the UK legal metrology infrastructure. ; To support manufacturers of weighing and measuring instruments,

    including small and medium sized firms for whom the regulatory

    regime may present an obstacle to market entry.

NWML’s approach is to achieve a balance between the needs of the

    Agency, reflecting the Governments mandatory duties in this area, and

    the needs expressed by external stakeholders. This programme underpins the availability of trustworthy measuring instruments and transactions as an essential requirement for a fair market in which competition can flourish through appropriate and equitable regulation. This includes NWML’s duties as an Executive Agency of the Department for Innovation,

    Universities and Skills and the obligations placed on the Agency such as implementing EU Directives and regulations and tasks falling under international treaties.

NWML’S MISSION

    To provide the legal metrology infrastructure necessary to facilitate fair competition, support innovation, promote international trade and protect consumers, health and the environment.

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    THEME 1 STATUTORY POLICY WORK

    This theme encompasses all of the statutory policy work carried out by NWML for UK Government, to meet domestic, EU and International obligations, including policy, better regulation, international co-operation and market surveillance.

Project 1.1 Policy

    NWML has the lead role in UK legal metrology, and has the responsibility for co-ordination of action on issues as they arise. This reactive project allows NWML to make the necessary responses to policy questions and legislative issues that arise outside our prescribed programme and often from outside NWML and DIUS. These issues can also be technical, for example the work on fuel delivery issues will continue to be carried out under this project. It also provides for NWML to answer those parliamentary questions (PQs) and Minister’s cases it receives and

    undertake certain Secretary of State duties and functions as required under the Weights and Measures Act.

Project 1.2 Legislation

    The purpose of this proactive project is to reform the existing Weights and Measures regime to make it more appropriate for current market conditions and to meet the Better Regulation principles of Proportionality, Accountability, Consistency, Transparency and Targeting. Legislation is constrained by the requirements of European legislation, international recommendations being implemented, and the procedural requirements imposed by government guidelines. However, within that framework, NWML plans to:

    ; reform legislation to deliver reductions in burdens on business, in

    line with Hampton principles, including updating the enforcement

    processes and enabling flexibility within the enforcement

    infrastructure

    ; consider alternative methods for ensuring traceability of

    standards

    ; change secondary legislation, following a prescription review

    carried out during the 2005 08 Programme

    ; deliver the policy responsibility for Hallmarking legislation,

    including acting as the interface to the British Hallmarking

    Council

    ; deliver the effective regulation of quantity control and labelling of

    pre-packages

    ; protect UK interests on metrication at European level; in

    particular ensuring the update of the Units of Measurement

    Directive reflects UK needs

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    ; reduce the regulatory burden on packers, importers and retailers

    of food by simplifying and consolidating weights and measures

    food legislation

Project 1.3 International

    This project covers that work necessary to promote the UK as a leading player in international fora. It covers the harmonisation of technical requirements and procedures by the drafting and revision of OIML Recommendations, and keeping stakeholders informed as to the impact, benefits and requirements of those Recommendations. Active

    participation in OIML enables the UK to have a strong influence, which benefits UK business because we can negotiate OIML Recommendations that align well with UK interests. This project also covers the work carried out as part of WELMEC, the central co-ordinating body for legal metrology in Europe, which acts as the forum for discussing key issues and reaching agreement on questions arising from Directives and their implementation. Another important area of work is that of liaison with international colleagues to continue to promote NWML as a leading international player a fairly consistent stream of visitors, invitations and email enquiries enables NWML to influence other administrations and promote a UK approach around the world.

Project 1.4 Market Surveillance and Approved Verifiers

    The Secretary of State has specific obligations under national and EU legislation to ensure equipment is accurate throughout its life, to provide processes by which equipment can get onto the European market and to report on various weights and measures functions to the EU and parliament. The legislative developments in the UK infrastructure in recent years have brought in provisions to allow manufacturers, installers and repairers to verify their own equipment; and independent notified bodies can initially verify weighing machines. This project covers those specific responsibilities of the UK government designated under various EU and National legislation that NWML operates on behalf of the Secretary of State. They include operational activities, such as putting in place, and monitoring, specific infrastructure components.

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    THEME 2 STATUTORY INFRASTRUCTURE

    In this part of the Programme, the aim of the theme is to support manufacturers seeking measuring instrument type approval and Trading Standards Officers in their market surveillance and inspection duties, by maintaining and developing the capabilities of the laboratory facilities.

Project 2.1 Laboratories and Standards

    The purpose of this project is to maintain standards and laboratories for the benefit of UK business, and to meet the obligations of the Weights and Measures Act. Under this legislation there is a requirement that instruments intended to be used for trade must be submitted to the Secretary of State (NWML) to be examined for their suitability, i.e. they must be type approved. Similarly, under the European Communities Act 1972, instruments must be approved under the Non Automatic Weighing Instrument (NAWI) Directive or the Measuring Instruments Directive (MID) (as appropriate). Calibration and testing equipment used for type approval must be traceable to national standards for this purpose.

    As legal metrology infringements are covered under criminal law, and potential prosecutions must be proven "beyond all reasonable doubt" it is absolutely vital that measurements relied on for enforcement purposes remain beyond question as regards their integrity. It follows that measurements made under legal control must (as a minimum) be fully traceable to national standards. Section 3 of the Act requires the Secretary of State to hold measurement standards. These standards are used to ensure the traceability of trade measurements made throughout the UK. Section 4 of the Act requires that these standards be used to calibrate the "local standards" held by local authority weights and measures departments throughout the UK. These are used in turn to calibrate the "working standards" used by trading standards officers to enforce the weights and measures legislation in the market place. NWML also has an obligation to maintain coin standards and Trial plates in accordance with the Coinage Act of 1927.

Project 2.2 Certificates

    This project covers the statutory requirements that NWML performs in relation to the control of approved weighing and measuring instruments and quality systems. Manufacturers of these instruments pay for the initial type approval and subsequent modifications. However, the Member State (NWML) must carry out in-service control and monitoring functions that cannot be charged to the manufacturer. Examples of this activity include the publication of type approval certificates, minor modifications not requiring re-testing and weights and measures bulletins used by weights and measures inspectors to enforce the legislation.

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    THEME 3 COMMUNICATIONS

    Communication is a crucial component of the Legal Metrology Programme, as it:

    ; enables UK industry and other stakeholders direct access to the

    technological and regulatory expertise developed by NWML

    ; promotes NWML’s profile both at national and international level

    ; supports consultation with stakeholders on policy issues

    ; informs stakeholders of new policy and legislative activities.

Project 3.1 Industry Liaison

    The purpose of this project is to provide regulatory advice, including meetings with manufacturers to explain the processes necessary to get a product onto the market, and to discuss innovative ideas. It also includes larger group meetings to inform UK manufacturers of the technical and legal requirements for the approval of measuring instruments for entry onto UK, European, and world markets, and recent changes to those requirements; and to keep NWML staff up to date with developments in all aspects of legal metrology.

Project 3.2 Trading Standards Liaison

    This project encompasses all the necessary activities associated with supporting Trading Standards Departments in their enforcement duties.

Project 3.3 Provision of Information

    NWML has a statutory duty to produce an annual report and accounts for Parliament. In addition, this project incorporates all activities associated with general stakeholder management including maintenance and updating of the NWML website, maintenance of the enquiry line, and production of publications including the NWML Now stakeholder newsletter, notes for Guidance, information leaflets and other necessary literature.

Project 3.4 Programme Management

    This project provides for management of the delivery of the programme, including monthly invoice reports and an annual report, and ensures that the objectives are met within time and budget. It will also cover the formulation of the 2011 14 programme.

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    Annex A Deliverables and Milestones

    Theme 1 Statutory Policy Work

    Aims: This theme supports all of the statutory policy work carried out by NWML for UK Government, and includes policy, better regulation, international co-operation and market surveillance activities.

Project Title Mile-Description and Deliverables Date Due

    Number stone

    1.1.1 Policy / Min A Answer Minister’s Cases and P.Q.s within the required timescales and 31/3/09

    Cases / PQs deal with other policy issues as they arise

     B Answer Minister’s Cases and P.Q.s within the required timescales and 31/3/10

    deal with other policy issues as they arise

     C Answer Minister’s Cases and P.Q.s within the required timescales and 31/3/11

    deal with other policy issues as they arise

    1.1.2 Secretary of A Undertake the statutory functions conferred on the Secretary of State 31/3/09

    State under the Weights and Measures Act 1985, in particular sections 4, 5, 15,

    Function 85 and 87, and other provisions such as nominations under old approach

    EC Regulations and dispensations under the Local Government Act 1972.

     B Undertake the statutory functions conferred on the Secretary of State 31/3/10

    under the Weights and Measures Act 1985, in particular sections 4, 5, 15,

    85 and 87, and other provisions such as nominations under old approach

    EC Regulations and dispensations under the Local Government Act 1972.

     C Undertake the statutory functions conferred on the Secretary of State 31/3/11

    under the Weights and Measures Act 1985, in particular sections 4, 5, 15,

    85 and 87, and other provisions such as nominations under old approach

    EC Regulations and dispensations under the Local Government Act 1972.

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    Annex A 1.2.1 Reform of A Refine policy objectives for reform of the weights and measures regime; 31/3/09

    Weights and test ideas and consult with stakeholders.

    Measures

    Legislation

     B Develop firm plans and consult on detail of proposals 31/3/10

     C Implement policy changes 31/3/11 1.2.2 98/34 A Consult on and respond to 98/34 notifications within the required 31/3/09

    Notifications timescales

     B Consult on and respond to 98/34 notifications within the required 31/3/10

    timescales

     C Consult on and respond to 98/34 notifications within the required 31/3/11

    timescales

    1.2.3 Hallmarking A Hallmarking - ensure that the Secretary of State responsibilities as set 31/3/09

    out in the Hallmarking legislation are discharged in an effective and

    efficient manner. Attend meetings of British Hallmarking Council and

    International Hallmarking Convention

     B Hallmarking - ensure that the Secretary of State responsibilities as set 31/3/10

    out in the Hallmarking legislation are discharged in an effective and

    efficient manner. Attend meetings of British Hallmarking Council and

    International Hallmarking Convention

     C Hallmarking - ensure that the Secretary of State responsibilities as set 31/3/11

    out in the Hallmarking legislation are discharged in an effective and

    efficient manner. Attend meetings of British Hallmarking Council and

    International Hallmarking Convention

    1.2.4 Directive A Participate in Committee meetings and comment on documents 31/3/09

    Activities

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