Memorandum by the Department of Trade and Industry
1998 (S.I. 1998/2218)
1. The Committee has requested
a memorandum from the Department on the following point:
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
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"
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",
together are considered necessary to achieve the requirements
of replication for testing purposes.
9th November 1998