Citation and commencement

1. These Regulations may be cited as the Measuring Instruments (EC Requirements) (Electrical Energy Meters) (Amendment) Regulations 2002 and shall come into force on 1st February 2003.

Interpretation

2. In these Regulations—

“the 1988 Regulations” means the Measuring Instruments (EEC Requirements) Regulations 1988( 3 );

“the 1995 Regulations” means the Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995( 4 );

“application” means an application for EC pattern approval pursuant to regulation [6] of the 1995 Regulations.

Amendment of the 1995 Regulations

3. The 1995 Regulations are amended in accordance with the Schedule to these Regulations.

Transitional

4. The amendments made by these Regulations shall have effect only in relation to applications made on or after the date on which these Regulations come into effect.

Regulation 3

SCHEDULE

1. In Regulation 2(1) (interpretation and extent),—

(a) after the definition of “the Act”, insert—

“ (aa) “the Authority” means the Gas and Markets Authority established by section 1 of the Utilities Act 2000;

(ab) “certified examination report” means a copy certified by a nominated laboratory as a true copy of the full report of the examination carried out by the laboratory for the purpose of establishing whether instruments of the pattern in question satisfy the measurement characteristics and technical design and functioning requirements laid down by the relevant Directive; ” ;

(b) after the definition of “manufacturer”, insert—

“ (ja) “nominated laboratory” means a laboratory nominated by the Authority for the carrying out inspections in connection with EC pattern approval; ” .

2. In Regulation 5 (application of provisions of the 1988 Regulations), in paragraph (1)(b), for “paragraph (4)” substitute “paragraphs (1), (2) and (4)”.

3. After Regulation 5, insert—

“ EC pattern approval

5A. —(1) Where any pattern of relevant instrument is submitted by the manufacturer or his authorised representative to the Authority for EC pattern approval, the Authority shall not grant that approval unless the application complies with the requirements of Regulation 6 and either—

(a) the application is accompanied by a certified examination report; or

(b) the Authority has conducted or procured the conduct of an examination;

and in either case the Authority is satisfied that the pattern conforms to the requirements of the relevant Directive.

(2) Where EC pattern approval granted under these Regulations is in force in respect of a pattern of relevant instrument, if an application is made by a manufacturer or his authorised representative for approval of modifications or additions to the approved pattern, the Authority shall not grant that approval unless the application complies with the requirements of Regulation 6 and either—

(a) the application is accompanied by a certified examination report; or

(b) the Authority has conducted or procured the conduct of an examination;

and in either case the Authority is satisfied that the pattern with the modifications or additions proposed conforms to the requirements of the relevant Directive.

(3) The Authority shall not, unless requested to do so by the manufacturer or his authorised representative, conduct or procure the conduct of an examination for the purposes of paragraph (1) or (2), as the case may be, if, in that case—

(a) a certified examination report has been submitted in support of the application for approval in accordance with regulation 4(1)(c); and

(b) the Authority is satisfied—

(i) that the report of the nominated laboratory is sufficient and reliable for the purpose of determining whether the pattern or, as the case may be, the pattern with the modifications or additions proposed, conforms to the requirements of the relevant Directive; and

(ii) on the basis of the report that the pattern or, as the case may be, the pattern with the modifications or additions proposed, conforms to the requirements of the relevant Directive.

(4) Where, on an application under paragraph (1) or (2), the Authority grants EC pattern approval, it shall issue a certificate of that approval. ”

4. For Regulation 10, substitute—

“ Fees

10. —(1) In a case in which EC pattern approval has been given on the basis of the certified examination report of a nominated laboratory alone, the Authority may charge such reasonable fee as it may determine in respect of the cost of satisfying itself that the pattern or, as the case may be, the pattern with the modifications and additions proposed, conforms to the requirements of the relevant Directive.

(2) In a case in which EC pattern approval is given or refused following an examination conducted by or procured by the Authority, the Authority may charge such reasonable fee as it may determine in respect of the costs to the Authority of conducting or procuring the examination and of determining whether the pattern or, as the case may be, the pattern with the modifications and additions proposed, conforms to the requirements of the relevant Directive.

(3) In the case of any relevant instrument submitted for EC initial verification to a meter examiner employed by the Authority, the Authority may charge such reasonable fee as it may determine in respect of the costs to the Authority of carrying out or procuring such examination or enquiry as may be required for the meter examiner to satisfy himself as to the matters in regulation 9(2). ”

5. In Schedule 1, after paragraph 5, add—

“ 6. If an examination of the pattern or, as the case may be, the modifications or additions proposed to a pattern in respect of which EC pattern approval is in force, has been conducted by a nominated laboratory, a certified examination report. ”