Diploma in Consumer Affairs and Trading Standards LEGAL METROLOGY LAW NOVEMBER 2014

Transcription

1 Diploma in Consumer Affairs and Trading Standards LEGAL METROLOGY LAW NOVEMBER 2014 Candidates answering the questions from the Scottish or Welsh law viewpoint: Please ensure you write Scottish or Welsh on the front of your examination booklet. The examiners may expect candidates to show knowledge of legislation which is in place but not in force - i.e. has been enacted - and regulations which have been made but are not yet in force, if they are directly relevant to the subjectmatter of the examination. There are three sections to the examination paper: Section A Section B Section C Consists of five questions. Candidates should attempt to answer all questions. Total allocation of marks is 25 marks. Suggested time allocation is 45 minutes. Consists of two questions. Candidates should attempt to answer one question. Total allocation of marks is 25 marks. Suggested time allocation is 45 minutes. Consists of three questions. Candidates should attempt to answer two questions. Total allocation of marks is 50 marks. Suggested time allocation is 90 minutes. Total time allowed three hours (plus ten minutes reading time). The LEGAL METROLOGY LAW paper is a closed book; no materials are permitted to be taken into the examination room. The examination paper has six pages, including this front sheet exam paper SDM CLOSED BOOK version3 March 2012 Page: 1

2 Section A Candidates should attempt to answer all questions - total of 25 marks. 1. Article 9 of Directive 2009/23/EC on non-automatic weighing instruments describes three conformity assessment procedures. List these procedures and, using practical examples, briefly describe any two of them. 2. Using a practical example, outline how The Consumer Protection from Unfair Trading Regulations 2008 would apply to an item of post that had been incorrectly weighed or measured by a postal services provider. 3. In accordance with the provisions of Section 5(5) of the Weights and Measures Act 1985, the Secretary of State has issued guidance on weighing equipment used by Inspectors as testing equipment. Using a practical example, explain this guidance. 4. Annex B of the Guidance Note to The Weights and Measures (Packaged Goods) Regulations 2006 (NWML, August 2007) provides guidance on the suitability of measuring or checking equipment used for the purposes of Regulation 9 of those Regulations. Using a practical example, explain this guidance. 5. Using practical examples, briefly explain how the United Kingdom contributes to international and European legal metrology harmonisation. Section A total of 25 marks. End of Section A. Page: 2

3 Section B Candidates should attempt to answer one from two questions - total of 25 marks. 6. Critically evaluate the European Commission s New Legislative Framework as the means of revising the New Approach to technical harmonisation and standards, in the context of Legal Metrology. 7. The existing arrangements for the verification of weighing and measuring equipment within the UK rely upon the application of detailed technical requirements by an inspectorate totally independent of any commercial interests. Extract from a letter from the Lead Officer, Legal Metrology, Institute of Trading Standards Administration (predecessor to TSI) to the Clerk of the Select Committee on Deregulation (9 th Report) (Hansard, 17 th June 1998). Using appropriate evidence or practical examples, critically evaluate the above statement, made in relation to the scheme of Approved Verification as permitted by The Deregulation (Weights and Measures) Order 1999 and The Legislative Reform (Verification of Weighing and Measuring Equipment) Order Section B total of 25 marks. End of Section B. Page: 3

4 Section C Candidates should attempt to answer two from three questions - total of 50 marks. 8. You are an Inspector of Weights and Measures employed by Blank Council, a local weights and measures authority. In the course of your duties, you receive anonymous information relating to trading premises in your area: A. N. Other Scrap Metal Merchants. The information alleges that Acme Scale Co has fitted a device to a Class III electronic selfindicating road weighbridge owned and operated by A. N. Other Scrap Metal Merchants. This device is designed to alter the weight displayed on the indicator of the weighbridge. Acme Scale Co. is not based in your area but A. N. Other Scrap Metal Merchants is. You decide to investigate the anonymous information, and visit A. N. Other Scrap Metal Merchants, with your weighbridge test unit. On inspecting the instrument, you observe that the indicator, which is located in a portacabin and situated on a desk, has been issued with a Type Approval Certificate by a European national metrological institute. The following is marked on the indicator: The manufacturer s name. The CE mark. The accuracy classification (Class III). The Type Approval Certificate number. The indicator model and serial numbers. There is also a pre-printed data plate on the indicator of the weighbridge, designed to be marked with the following information: Max = kg; e = kg; Min = kg. However, none of the above information has been marked on the data plate. You also observe that the indicator is neither marked with a green sticker bearing a black letter M, nor a notified body sticker. Adjacent to the indicator is a filing tray containing a stock of blank weighbridge tickets used to record weight and transaction information. Another filing tray contains copies of completed weighbridge tickets, detailing weight and transaction information. You inspect the rear of the indicator and note a number of electrical cables connected to the rear. You trace these cables to the power supply and the junction box. However, one cable is connected to a device bolted to the underside of the desk on which the indicator is located. This device has an on/off switch and another rotary switch. You observe that the on/off switch is in the off position. The location of the device is such that it would only be known to, and accessed by, the weighbridge operator. You test the weighbridge, using test weights from your weighbridge test unit. During the tests, you turn the on/off switch on the device bolted to the underside of the desk to the on position. You then determine that operating the rotary switch either increases or decreases, from the true value, the weight displayed on the indicator. Enquiries of A. N. Other Scrap Metal Merchants confirms that it has a service contract for the weighbridge with Acme Scale Co. The contract has been in place for three years and provides for an annual service visit. Each of these annual visits has been conducted by a service engineer named John Smith. Using decided case law, apply the provisions of Part II of the Weights and Measures Act 1985 and The Non-automatic Weighing Instruments Regulations 2000 to the above scenario, and identify potential offences and defences. Section C is continued over the page. Page: 4

5 9. You are an Inspector of Weights and Measures employed by Blankshire Council, a local weights and measures authority. You are conducting an inspection of your local farmers market and notice a stall selling fruit and vegetables. You observe the following: (1) A display of half turnips / swedes, shrink wrapped in clingfilm. There are no labels or information marked on the individual items but an adjacent sign states Half turnips / swedes 250g each p. You weigh each item and find that half of them weigh less than 250g. (2) A display of sealed plastic bags containing lentils, all of which appear similar in size. These are completely unmarked. A shelf-edge indication states Our lentils, make your own soup, 50p per bag. (3) Bags of mixed vegetables. Each contains two carrots, an onion, a leek and a large potato. Again, these are unmarked, but an adjacent sign states Casserole pack, 1.75 per kilogram. (4) A display of assorted chilli peppers with an associated sign stating Chillies per half pint. You watch the stallholder serve a customer by filling what appears to be a half pint beer glass with chillies, before emptying it into a bag that is passed to the customer. Further enquiries reveal that the glass does not contain half a pint. (5) Displays of bags of nuts, including cashew, almond, pecan and pine nuts. Each is marked The Nut Exporting Company, North America and Approx. contents 0.5 pounds. The stallholder explains that he imports them directly from his brother, who operates a nut producing business in the United States of America. Using decided case law, apply the provisions of Part IV of the Weights and Measures Act 1985 and The Weights and Measures (Packaged Goods) Regulations 2006, and identify potential offences and defences. Section C is continued over the page. Page: 5

6 10. You are an Inspector of Weights and Measures employed by Blankshire Council, a local weights and measures authority. You receive a complaint from a member of the public, alleging short measure petrol. The complaint relates to a series of purchases of unleaded petrol that the complainant has made at Blank Filling Station, a petrol retailer in your area. The complainant alleges that the site was recently updated, with all of the petrol pumps being replaced with new European-style petrol pumps. The complainant alleges that, since they were installed, the new pumps have received a lesser amount of fuel than that for which they had paid. The complainant further advises that he believes the reason for this is because all of the new pumps adjust the amount delivered, based on the temperature of the fuel. You decide to investigate the complaint and consult your departmental records for Blank Filling Station. These indicate that the premises comprised eight pumps with a type approval issued under Section 12 of the Weights and Measures Act The Point of Sale (POS) control unit was also included in this type approval. This equipment was verified as fit for use for trade under the provisions of The Measuring Equipment (Liquid Fuel and Lubricants) Regulations Your records also indicate that Perfect Pumps, a national manufacturer, installer, repairer and adjuster of petrol pumps, has a maintenance contract at the premises. Perfect Pumps is both an Approved Manufacturer, in terms of Directive 2004/22/EC on measuring instruments and an Approved Verifier under Section 11A of the Weights and Measures Act You have no notification from any party, or records, confirming the installation or verification of new standard temperature accounting pumps subject to the provisions of The Measuring Instruments (Liquid Fuel and Lubricants) Regulations You visit Blank Filling Station and observe that all of the pumps have been replaced. However, these have been connected to the original POS control unit, approved under Section 12 of the Weights and Measures Act All of the new pumps have been manufactured by Perfect Pumps. They all have a data plate which is inscribed with a CE mark, a supplementary metrology mark M 14 and XXXX, the four digit notified body identification number that carried out the initial verification. The type approval certificate for these pumps confirms that they have a standard temperature accounting facility, but none of the volume indicators have markings to confirm this. The site register maintained by Blank Filling Station confirms that the standard temperature accounting facility was enabled by Perfect Pumps at initial verification, earlier this year, and has remained activated. You test the pumps and find that they dispense quantities of liquid fuel within the tolerances permitted by The Measuring Instruments (Liquid Fuel and Lubricants) Regulations Using decided case law and relevant guidance, apply the provisions of The Measuring Instruments (Liquid Fuel and Lubricants) Regulations 2006 and The Consumer Protection from Unfair Trading Regulations 2008, and identify potential offences and defences. Outline any action you would take. Section C total of 50 marks. END OF EXAMINATION PAPER. Page: 6