WEIGHTS AND MEASURES
Traceability Requirements under Part I of the Weights and Measures Act 1985
Guidance for Local Authorities
November 2010
Version 1
Page 1 of 10 Version / Date of change Sections affected Version 0/Unknown First issued Version 1/October 2010 Change wording of “dispensation” to “approval”
Page 2 of 10 Standards in the UK
The assessment of weights and measures is an essential element in the process of commerce. Standardisation is the duty of every Government across the globe, the assessment of a weight or measure relies upon a common reference point and unit of measurement.
Throughout the history of measurement in the UK, there are countless examples of attempts to facilitate an appropriate level of consistency. Kings and Queens have issued "new" standards on a regular basis, redefining the mass and length of the primary units. The destruction of national standards in the House of Commons Fire in 1834 and resulted in one of the most comprehensive reviews of standards ever undertaken.
In the UK today, the primary units of measurement are clearly defined and accepted across the world. Standards that are used for trade are traceable to national standards maintained by the Secretary of State via a traceability chain. This traceability chain is as follows:
The trade weights are traceable to the working standards and test equipment held by every local weights and measures authority which are in turn traceable to the local standards held by some local weights and measures authorities and then these are traceable to tertiary and secondary standards maintained by the National Measurement Office and finally to national standards maintained by the Secretary of State.
Holding and Maintaining Standards in Local Authorities:
Local standards are kept in standards laboratories maintained by trading standards departments across the UK in accordance with The Weights and Measures Act 1985. An authority needs to be able to react to local need at any time and as a result the decision to share or maintain sufficient facilities in a laboratory environment needs to reflect the possibility of change in the future.
Caution: If standards are decommissioned and needed again in the future, they may not automatically be re-certificated as they may no longer conform to the construction requirements of the current relevant standard. The cost of replacing standards can be very high.
Page 3 of 10 The Process and its Control:
NMO is the national body responsible for ensuring traceability of standards for trade in conjunction with local authorities who together need to plan and manage fair and uniform access to the appropriate level of standards for industry.
This means: 1)Making sure that access to local standards for every local authority is sufficient.
2)That there are sufficient working standards and test equipment to service the local business community.
3)Ensuring that as standards are used more frequently the level of error due to the increased use does not affect the legal or metrological integrity of those standards against which comparison is being made.
4)Making sure that traders can expect a consistent level of measurement when equipment is submitted for verification or inspection.
Local authorities must hold local standards unless suitable arrangements are in place for another authority to provide the function, in these situations NMO must approve the request. Local authorities should apply to NMO using the form ‘Application for Approval for a Partial or Nil holding of local standards’ at the end of this document.
If an approval exists for a nil holding of local standards its validity relies on the agreement between the non-holding and the holding authority, it is essential to the traceability of such measures that NMO is informed every time such an agreement is created, varied or cancelled. The form ‘Notification of a Change in, or Creation of, a Service Level Agreement’ contained at the end of this document should be used to inform NMO of any changes.
It is not the intention of NMO to ask for copies of every service level agreement between local authorities, which would only drain resources in both organisations. As an alternative, once an approval for nil holding is granted the onus will be on the local authority to notify NMO every time the associated service level agreement is amended. To ensure that the minimum levels necessary to ensure traceability exists a number of Page 4 of 10 authorities may be asked to provide fuller details by way of an audit of the system.
The easiest way to inform NMO of an application for nil holding or change in service level agreement is to submit the standard forms at the end of this document relating to your circumstances.
The Relevant Law:
Under Section 4 of the Weights and Measures Act 1985 each local weights and measures authority shall maintain such standards (Local Standards) as set out in schedule 3 to the Act or as the Secretary of State may require in the case of that authority as being proper and sufficient for the purposes of the Act. The form of the standards is approved by the Secretary of State as is their storage and testing periods.
Under Section 5 of the Weights and Measures Act 1985 each local weights and measures authority shall provide for the use by the inspectors, such standards, testing equipment and stamping equipment (Working Standards) as are proper and sufficient for the efficient discharge by those inspectors of their functions. The section also provides for the standards and testing equipment to be provided by another person.
The standards in schedule 3 to the Weights and Measures Act 1985 are divided into five categories 1. Linear Measures 2. Square Measures 3. Cubic Measures 4. Capacity Measures 5. Weights
Section 69 of the Weights and Measures Act defines local weights and measures authority
In England the local weights and measures authority shall be- a) for each non-metropolitan county, metropolitan district and London Borough, the council of that county, district or borough. b) for the city of London and the Inner and Middle Temples the Common Council of the City of London, and c) for the Isles of Scilly, the council of the Isles of Scilly. Page 5 of 10 In Wales for each county it shall be the county council and for each county borough it shall be the county borough council. In Scotland it shall be the council constituted under section 2 of The Local Government etc. (Scotland) Act 1994
Attention is drawn to item 1 of Annex V of the NAWI Directive 2009/23/EC and item 4 of Article 12 of the MID 2004/22/EC for those authorities with notified body status which state that the Body shall have access to the necessary equipment (NAWI) or facilities (MID) to perform the conformity assessment tasks they have been notified for. The designation and acceptance letter also have specific sections dealing with sub-contracting.
The service of the provision and use of local standards can be arranged through another local authority if approved by NMO.
The service itself consists of- An agreement to test specified working standards and test equipment at the prescribed period. To allow such further testing of equipment as may be necessary. (New equipment, unplanned retesting etc.) Tests to be carried out in accordance with the requirements of all relevant regulations The contract for such a service should run for a clearly defined period to avoid uncertainty over testing regimes.
Summary of the Legal requirements:
1. Every local authority shall provide
Local standards as prescribed or approved by NMO to be as being proper and sufficient for the purposes of the Act Working standards sufficient to discharge function Testing equipment sufficient to discharge function Stamping equipment sufficient to discharge function
2. If it proves necessary an approval for a partial or nil holding of local standards can be obtained from NMO provided suitable arrangements
Page 6 of 10 are in place for access and use of Local Standards held by another Local Authority.
3. Some provision is made for essential but uneconomic equipment to be made available by another person.
NMO:
Nothing in this new process at this time affects the prescribed time limits for the testing of standards. NMO will continue to visit those authorities that hold Local Standards to ensure they are calibrated or verified as required.
Page 7 of 10 Commonly Asked Questions:
Question Do I have to hold a full set of standards?
The current provisions of the Act require each local authority to hold a full set of local standards unless NMO has approved a partial or nil holding of local standards.
It would not be suitable to have a partial holding of standards within any single discipline in schedule 3 to the Act. For example an approval would be unlikely if an authority applied to hold only mass under 1kg rather than a full mass range.
Question Can I submit working standards to a number of different local authorities?
Yes, each category could be submitted to a different local authority. This strikes a balance between the need of local authorities to seek best value in service provision but also maintain the integrity of the processes by which they control their standards. The important factor is the agreement between authorities and the approval by NMO of the arrangements.
Question What happens if my authority arrangements do not seem to meet the requirements laid out in this document?
You should contact the W&M Enforcement Team at NMO. We will try to find a solution to the situation that ensures both metrological and legal integrity, without substantial change.
Question I have changed my service level agreement invalidating my approval for partial or nil holding of local standards, do I have to re-apply for approval?
No, let NMO know what arrangements you have in place now using the form at the end of this document ‘Notification of a Change in, or Creation of, a Service Level Agreement’.
Page 8 of 10 Weights and Measures Act 1985 Section 4
Application for Approval for a Partial or Nil Holding of Local Standards
Name of Local Authority
Chief Inspector of Weights and Measures (Print)
Working Standards and test equipment provision currently
Which categories are you applying for approval for? Linear Measures Square Measures Cubic Measures Capacity Measures Weights
Please give an indication of why you no longer wish to hold local standards in the categories you have identified
A Notification of a Change in or Creation of a Service Level Agreement must accompany this form. Page 9 of 10 Weights and Measures Act 1985 Section 4
Notification of a Change in, or Creation of, a Service Level Agreement
Name of Local Authority
Date of Approval
Working Standards Local Authority From (name) (date) Linear Measures will be submitted to Square Measures will be submitted to Cubic Measures will be submitted to Capacity Measures will be submitted to Weights will be submitted to
Chief Inspector of Weights and Measures (Print)
Page 10 of 10