Weights and
Measures (Measuring Instruments) (Intoxicating Liquor) (Jersey) Order 1975[1]
Interpretation
1
(1) In
this Order, unless the context otherwise requires –
“Law” means
the Weights and
Measures (Jersey) Law 1967;
“licensed premises”
means premises in respect of which a licence, other than a licence of the fifth
category, is held under the Licensing (Jersey)
Law 1974;
“manager”
means, where any instrument is being tested at the premises on which it was
manufactured, the manager of those premises or the manager’s appointed
representative and, where any instrument is being tested on licensed premises,
the licensee, or in the manager’s absence, the person for the time being
in charge of the instrument;
“prescribed stamp”
means a stamp specified in the Weights and Measures
(Prescribed Stamp) (Jersey) Order 1975.
(2) A
reference in this Order to an enactment shall be construed as a reference to
that enactment as amended by any subsequent enactment.
Application
2
(1) Measuring
instruments, other than capacity measures, for use for trade on premises where
intoxicating liquor is sold by retail for the purpose of making any measurement
of intoxicating liquor are hereby prescribed for the purposes of Article 12(1)
of the Law.
(2) Any
reference in this Order to measuring instruments shall be construed as a
reference to instruments described in paragraph (1) of this Article.
Principles of construction
3
Any counting or
totalising device fitted to a measuring instrument shall be so arranged as to
avoid any possibility of confusion with any other indication of quantity.
4
Any individual sales
indicator fitted to a measuring instrument shall be arranged so that it can be
readily re-set to its zero indication and so that it is not possible to advance
the indication by means other than the proper operation of the instrument.
5
Every measuring
instrument shall be fitted –
(a) with
adequate sight glasses, observation windows or other devices for showing clearly
that any measuring chamber is properly charged and discharged; or
(b) with
a device or devices which prevent any liquid being discharged by any measuring
chamber until the chamber is properly charged; and any measuring chamber being
charged anew until it has been properly discharged.
6
No measuring instrument
shall be fitted with a delivery pipe, outlet spout or nozzle which, when open,
is liable to trap any portion of the liquid being delivered.
7
Every measuring
instrument shall be fitted with one or more plugs, seals or sealing devices of
suitable form and material to protect all adjustable parts affecting the
quantity delivered or with such alternative sealing arrangements as may be authorized
by the Minister in relation to a measuring instrument of an approved pattern.
Testing
8
Before testing any
measuring instrument, the inspector shall ensure either that liquid has first
been passed through the instrument or that the instrument is fully primed.
9
(1) Any
measuring instrument constructed to measure a quantity of less than 200
millilitres shall be tested with the liquor which it is intended to deliver or
with water.[2]
(2) Any
other measuring instrument shall be tested with the liquor it is intended to
deliver unless it is tested at the premises on which it was manufactured in
which case it shall be tested either with that liquor or with water.
10
For purposes of the
performance by an inspector of the inspector’s tests, the manager shall,
if requested, provide for the inspector’s use such liquids as the
inspector may reasonably require.
11
(1) The
inspector shall test a measuring instrument by causing it to deliver both the
minimum and the maximum quantity which it is capable of measuring in a single
operation, or if the instrument is capable of measuring only one quantity in a
single operation, the inspector shall cause it to deliver that quantity.
(2) The
inspector may also, if the inspector thinks fit, cause the instrument to
deliver any quantity between the minimum and the maximum quantity which it is
capable of measuring in a single operation.
(3) The
inspector may cause the instrument to deliver any quantity such number of times
as the inspector may determine.
(4) The
inspector shall determine which of the quantities delivered by the instrument
are to be treated as relevant for purposes of determining whether the
instrument falls within the prescribed limits of error.
12
(1) Any
intoxicating liquor withdrawn from any container for the purpose of an
inspector’s test of a measuring instrument shall, upon conclusion of the
test, be forthwith returned to the container from which it was withdrawn if the
inspector is of the opinion that it is practicable and desirable so to do and
the manager does not object; otherwise, it shall be placed in another
receptacle reasonably convenient for the purpose and nominated by the manager.
(2) The
inspector shall, if requested, furnish to the manager a signed and dated
statement of the quantity of intoxicating liquor withdrawn from the container
and returned or placed as aforesaid.
Prescribed limits of error
13
(1) The
prescribed limits of error are those specified in Schedule 1.
(2) In
determining whether a measuring instrument falls within the prescribed limits
of error, account shall be taken only of the quantity of liquid delivered by
the instrument.
Passing as fit for use for trade
14
No measuring instrument
shall be passed as fit for use for trade unless –
(a) it
measures the liquid with which it is tested to within the appropriate
prescribed limits of error when it is operated at any reasonable speed, the
speed of operation in respect of any individual delivery being as uniform as
practicable;
(b) it
is made in accordance with an approved pattern;
(c) it
is constructed in accordance with the principles described in Articles 3
to 7;
(d) it
is complete with all parts and attachments concerned in the operations of
measurement and delivery;
(e) when
it is fully primed, no leakage is apparent;
(f) every
marking, notice, inscription or indication having reference to the method of
operation or to the quantity delivered is conspicuously and legibly marked in a
suitable position on the instrument in plain block characters on a plain
background and in distinct contrast thereto;
(g) it
is legibly marked with the name of the maker or supplier;
(h) an
indication of the measured quantity or quantities delivered by the instrument
is marked in full or by means of one or other of the abbreviations specified in
Schedule 2:
Provided that nothing in sub-paragraph (h)
shall preclude the passing as fit for use for trade of any instrument
notwithstanding that the indication of quantity is marked by figures only if
the indication is marked on the measuring chamber or a sales indicator and the
unit of measurement is boldly marked on the face of the chamber or indicator in
a manner which avoids confusion.
Stamping
15
Every measuring
instrument which is passed as fit for use for trade shall be stamped with the
prescribed stamp.
16
The prescribed stamp
shall be placed on all plugs, seals and sealing devices fitted in accordance
with Article 7.
17
No measuring instrument
shall be stamped if it bears any mark which, in the opinion of the inspector,
might reasonably be mistaken for the prescribed stamp, or any statement or mark
(other than an inspector’s stamp) which purports to be or, in the opinion
of the inspector, might reasonably be mistaken for, an expression of approval
or guarantee of accuracy by any body or person:
Provided that a measuring
instrument may be stamped notwithstanding that it bears the number of the
notice of examination issued by the Department of Prices and Consumer
Protection of the United Kingdom which denotes that it is of an approved
pattern or a statement or mark which denotes the date of any modification to
the approved pattern to which that measuring instrument conforms.
Obliteration of stamps
18
Stamps shall be
obliterated by an inspector in accordance with the requirements of this Order,
by means of punches or pincers of suitable sizes of a 6-pointed star design as
shown in Article 7 of the Weights and Measures
(General Provisions) (Jersey) Order 1968.
19
(1) An
inspector shall obliterate the stamp on any measuring instrument
which –
(a) fails
upon testing to measure the liquid with which it is tested to within the
appropriate prescribed limits of error when it is operated at any reasonable
speed, the speed of operation in respect of any individual delivery being as
uniform as practicable; or
(b) has
ceased to satisfy the requirements of Article 14(c) to (h):
Provided that where a
measuring instrument does not fully comply with the requirements of this Order,
but the nature and degree of the non-compliance is not in the inspector’s
judgment such as to require the immediate obliteration of the stamp, the inspector
shall not obliterate it but shall leave with the manager a notice calling upon the
manager to have the instrument corrected within a stated period (expiring not
more than 28 days after the leaving of the notice) and shall obliterate the
stamp if the correction is not made within that period.
(2) An
inspector may obliterate the stamp on any measuring instrument which, since it
was last stamped, has in the inspector’s opinion had its accuracy
affected by reason of any alteration, addition, adjustment or repair.
20
The obliteration of any
one stamp on a measuring instrument shall be deemed to be the obliteration of
all the other stamps, if any, on that instrument.
Citation
21
This Order may be cited
as the Weights and Measures (Measuring Instruments) (Intoxicating Liquor)
(Jersey) Order 1975.