Citation and commencement

1. —(1) These Regulations may be cited as the Measuring Instruments (EEC Requirements) (Fees) Regulations 2004 and shall come into force on 1st June 2004.

Revocation and transitional provisions

2. —(1) Subject to paragraph (2) below, the Measuring Instruments (EEC Requirements) (Fees) Regulations 1998( 2 ) are hereby revoked.

(2) Where, for the purposes of the determination of an application for any of the services received by the Secretary of State on or before 31st May 2004, the whole or part of those services is conducted on or after the coming into force hereof, the fee to be charged in respect of the whole of that service shall be the fee provided for in the Measuring Instruments (EEC Requirements) (Fees) Regulations 1998.

Interpretation

3. —(1) In these Regulations —

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

“the 2000 principal Regulations” means the Non-automatic Weighing Instruments Regulations 2000( 4 );

“approved body”, “approved type”, “EC type-approval certificate”, “EC unit verification”, and “instrument” shall have the same meaning as in the 2000 principal Regulations;

“officer” means a person engaged in carrying out any of the services on behalf of the Secretary of State; and

“variable fee” means an amount calculated in accordance with Schedule 1 hereto.

(2) The services referred to in regulations 4 and 5 are those services mentioned or referred to in Schedule 2 hereto.

(3) In calculating a variable fee, each period of time taken by each officer involved in carrying out any service shall be counted separately, and the total for each officer aggregated, and shall be divided into complete periods of 15 minutes, with any remaining period of 7.5 minutes or more but less than 15 minutes being counted as a complete period of 15 minutes, and any remaining period of less than 7.5 minutes being disregarded.

Fees relating to EEC initial verification of certain instruments and systems

4. —(1) The fee payable in connection with the services provided by the Secretary of State relating to EEC initial verification pursuant to regulation 13(9) of, and Schedule 3 to, the 1988 principal Regulations, whether or not the instrument passes the EEC initial verification, shall be the sum of —

(a) the variable fee;

(b) the amount (if any) based on the time, which it is estimated by the Secretary of State, will be required for use of equipment for testing the relevant type —

(i) in an environmental testing chamber at the rate of £15.00 per hour; or

(ii) for electromagnetic compatibility in an electromagnetic chamber at the rate of £60.00 per hour; and

(c) the anticipated amount of additional expense, if any, to be 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 initial verification.

(2) The fee payable in connection with the services provided by the Secretary of State relating to EEC initial verification pursuant to regulation 7 of the Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977( 5 ) shall be determined in accordance with paragraph (1) above, whether or not the instrument passes the EEC initial verification.

(3) The amount of the fee referred to in this regulation shall be due and payable in accordance with regulation 9.

Fees relating to EEC pattern approval

5. —(1) The fee payable in connection with the services provided by the Secretary of State relating to the grant and extension of EEC pattern approval and modifications or additions to EEC approved patterns pursuant to regulation 8 (1), (2) or (5) of, and Schedule 2 to, the 1988 principal Regulations, whether or not EEC pattern approval is granted or extended, as the case may be, shall be the sum of —

(a) the variable fee;

(b) the amount (if any) based on the time, which it is estimated by the Secretary of State, will be required for use of equipment for testing the relevant pattern–

(i) in an environmental testing chamber at the rate of £15.00 per hour; or

(ii) for electromagnetic compatibility in an electromagnetic chamber at the rate of £60.00 per hour; and

(c) the anticipated amount of additional expense, if any, to be 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 grant and extension of EEC pattern approval and modifications or additions to EEC approved patterns.

(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 and regulation 6 of the Taximeters (EEC Requirements) Regulations 1979( 6 ) respectively, the fee shall be determined in accordance with paragraph (1) above, whether or not EEC pattern approval is granted or extended, as the case may be.

(3) The amount of any fee referred to in this regulation shall be due and payable in accordance with regulation 9.

Fees relating to Designation and Inspection of Approved Bodies

6. —(1) The fee payable in connection with the services provided by the Secretary of State relating to the designation of approved bodies pursuant to regulation 9(1) of the 2000 principal Regulations, whether the body is designated or not, shall be the sum of—

(a) the variable fee; and

(b) the anticipated amount of additional expense, if any, to be 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.

(2) Where regulation 9(4) or 9(5) of the 2000 principal Regulations applies (variation or amendment, on request, of an approval and inspection of approved bodies respectively) the fee shall be determined in accordance with paragraph (1) above.

(3) The amount of the fee referred to in this regulation shall be due and payable in accordance with regulation 9.

Fees relating to the grant of an EC Type-Approval Certificate

7. —(1) The fee payable in connection with the services provided by the Secretary of State in relation to the grant or extension of an EC type-approval certificate and the issue of an addition to an original EC type-approval certificate pursuant to regulation 10 of the 2000 principal 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 regulations 10(3), (4) and (9) respectively of the 2000 principal Regulations, shall be the sum of —

(a) the variable fee;

(b) the amount (if any) based on the time, which it is estimated by the Secretary of State, will be required for use of equipment for testing the relevant type—

(i) in an environmental testing chamber at the rate of £15.00 per hour; or

(ii) for electromagnetic compatibility in an electromagnetic chamber at the rate of £60.00 per hour; and

(c) the anticipated amount of additional expense, if any, to be incurred by or occasioned to the Secretary of State by reason of employing the assistance of a third party in the relevant examination or testing.

(2) The amount of the fee referred to in this regulation shall be due and payable in accordance with regulation 9.

Fees relating to EC Unit Verification

8. —(1) The fee payable in connection with the services provided by the Secretary of State in relation to EC unit verification pursuant to regulation 12 of the 2000 principal Regulations, notwithstanding that the Secretary of State may refuse to affix her identification number in accordance with regulation 12(5) of the 2000 principal Regulations, shall be the sum of—

(a) the variable fee;

(b) the amount (if any) based on the time, which it is estimated by the Secretary of State, will be required for use of equipment for testing the relevant instrument—

(i) in an environmental testing chamber at the rate of £15.00 per hour; or

(ii) for electromagnetic compatibility in an electromagnetic chamber at the rate of £60.00 per hour; and

(c) the anticipated amount of additional expense, if any, to be 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.

(2) The amount of the fee referred to in this regulation shall be due and payable in accordance with regulation 9.

Timing of payment of fees

9. —(1) On receipt of an application for a service to which these Regulations apply, the Secretary of State shall estimate the total amount to be payable in accordance with these Regulations in respect of that application and shall notify the applicant of the amount so estimated.

(2) On completion of the relevant service, the Secretary of State shall serve an invoice on the applicant for the actual amount owed to the Secretary of State, which shall thereupon be due and payable to the Secretary of State.

Consolidated Fund

10. All fees received under these Regulations shall be paid into the Consolidated Fund.

Regulation 3(1)

SCHEDULE 1 CALCULATION OF VARIABLE FEE

The amount to be included in the variable fee for the purposes of these Regulations shall be the sum of the following —

(a) an amount per officer for the time spent in providing the service, calculated in accordance with the following table—

(b) any travelling costs reasonably incurred by reason of any part of the service taking place at a place other than the National Weights and Measures Laboratory of the Department of Trade and Industry;

(c) any other additional expense, other than as specified elsewhere in these Regulations, incurred by or occasioned to the Secretary of State directly related to the provision of the relevant service.

Regulation 3(2)

SCHEDULE 2