Joint Committee on Statutory Instruments Forty-Eighth Report


Memorandum by the Department of Trade and Industry


1.  The Committee has requested a memorandum from the Department on the following point:—

    "The substituted regulation 12(3) requires, where the equipment is tested at a place other than the place where it will be used, that the equipment be tested "only when it is in such a manner, configuration and environment as to replicate in all relevant respects those in which it will be installed". Please explain what aspects of the equipment are meant to be indicated by the underlined words".

2.  Regulation 3(6) of these Regulations substitutes a new regulation 12 for the existing regulation 12 in the Measuring Equipment (Liquid Fuel and Lubricants) Regulations 1995 (SI 1995/1014) ("the principal Regulations"). Regulation 12 of the principal Regulations makes provision for testing of measuring equipment and its paragraph (3) (as substituted) concerns the conditions to apply when testing of such equipment does not take place where it is to be used but is undertaken at the place of its manufacture or assembly or at testing premises.

3.  The Department considers it appropriate to allow testing to take place at specified locations other than the place of use of the equipment but only under defined conditions which will ensure that the testing results to be obtained are the same as those which would have been obtained had the testing been undertaken at the place of use. The provisions in substituted regulation 12(3) of the principal Regulations are formulated to achieve such testing results. The Department did not consider that the words "configuration" and "environment" were sufficiently broad in their meaning to ensure that the requirements for testing at the place of manufacture, assembly or at testing premises would achieve complete provision for replicated circumstances. Therefore, the words highlighted by the Committee in its request are included. In the context of the conditions for testing "manner" is used to denote operational and performance aspects of the equipment at the time of testing. For example, the viscosity and pressure of liquid used, the way in which the lever on a nozzle to a dispenser is depressed or the consistency of power voltage.

4.  The elements of "manner", "configuration" and "environment" together are considered necessary to achieve the requirements of replication for testing purposes.

9th November 1998

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