Joint Committee on Statutory Instruments Forty-Eighth Report


  6. The Committee draws the special attention of both Houses to these Regulations on the ground that they are defectively drafted.

  Regulation 3(6) of these Regulations replaces regulation 12 of the Measuring Equipment (Liquid Fuel and Lubricants) Regulations 1998 with a new regulation 12. Paragraph (3) of this new regulation 12 requires, where 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 aspects those in which it will be installed". The Committee asked the Department of Trade and Industry to explain what aspects of the equipment are meant to be indicated by the italicised words. They explain in the memorandum printed in Appendix V that they wanted to ensure that testing at locations other than the place of use of the equipment will only be allowed when the testing results will be the same as those which would have been obtained had the testing been undertaken at the point of use. They did not think that the words "configuration" and "environment" in new regulation 12(3) were sufficiently broad to stipulate the complete replication of circumstances which would ensure this, and so included the word "manner" to denote operational and performance aspects of the equipment at the time of testing, such as 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. The Committee does not think that the words "in such a manner" actually achieve the intention of the Department as stated in their memorandum, and considers that the provision might have better reflected the Department's aim if drafted along the lines of: "only when it is operated in such a manner and in such configuration and environment as to replicate . . . ". The Committee reports new regulation 12(3) for defective drafting.

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