Weights and Measures (Jersey) Law 1967

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A decision made 12 January 2011 regarding: Weights and Measures (Jersey) Law 1967 - Fees under Article 3.

Decision Reference: MD-E-2011-0005
Decision Summary Title :	Weights and Measures (Jersey) Law 1967. Fees under Article 3		Date of Decision Summary:	11 January 2011
Decision Summary Author:	Director of Trading Standards		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Weights and Measures (Jersey) Law 1967. Fees under Article 3		Date of Written Report:	10th January 2011
Written Report Author:	Director of Trading Standards		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Weights and Measures (Jersey) Law 1967. Fees under Article 3
Decision(s): The Minister has agreed that fees should now be charged in accordance with powers prescribed in Article 3 and the level of fees should be in line with the recommendations in the attached report.
Reason(s) for Decision: To ensure that appropriate fees are charged in line with the States of Jersey user pays policy.
Resource Implications: There are no financial or manpower implications as a result of this decision.
Action required: The Director of Trading Standards to ensure that the appropriate user pays fees are introduced with immediate effect
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Weights and Measures (Jersey) Law 1967. Fees under Article 3

Economic Development Minister

Weights and Measures (Jersey) Law 1967

Fees for performance of additional functions by inspectors of weights and measures.

Report

Background

The Weights and Measures (Jersey) Law 1967 sets out controls on weighing and measuring equipment in use for trade and also requires that most packages of food and other specific products are marked with an indication of weight, volume or number. The Law also imposes certain duties on the chief inspector of weights and measures as well as prescribing powers for the Economic Development Minister to introduce Orders regulating a range of trading activity associated with weighing and measuring equipment.

One of the Orders currently in force is the Weights and Measures (Testing Fees) (Jersey) Order 2003 – as amended in 2010. The Order sets out a schedule of fees to be charged in accordance with the provisions of Article 12(3) of the Law and these are charged whenever weighing or measuring equipment is tested by an inspector with a view to stamping that equipment as fit for trade use. The crown stamp applied to the equipment remains in force until such time as the equipment is found to be inaccurate by an inspector who may then remove the crown. Re-testing and stamping is then necessary before the equipment can once again be used for trade.

Certification requests by traders

The trading standards service occasionally receives requests from a variety of traders and associations to test and certify weighing and measuring equipment for quality assurance purposes. This work involves certifying equipment such as weights, capacity measures, air pressure gauges, height gauges, weighing machines and basket scales used by fishing clubs. At the moment, fees are not charged for these certification services which are classified as additional functions by inspectors.

Article 3 of the Weights and Measures Law makes provision for such fees and is reproduced below for ease of reference:-

3 Performance by inspectors of additional functions

Without prejudice to the powers and duties of the Minister or inspectors under any other provision of this Law, the Minister may make arrangements whereby an inspector may, at the request of any person and subject to payment by that person of such fee, if any, as the Minister may think fit, carry out –

(a) a weighing or other measurement of any goods submitted for the purpose by that person at such place as the Minister may direct or approve and submit a report thereon to that person;

(b) a test of the accuracy of any weighing or measuring equipment so submitted and submit a report thereon to that person;

Proposed fees

It is clear from Article 3 that the Minister may authorise a fee to be charged for additional requested functions carried out by inspectors of weights and measures. It is reasonable that ‘user pays’ fees are introduced and they should be based on the same fees as prescribed in the Weights and Measures (Testing Fees) (Jersey) Order 2003 as amended. Where an inspector is requested to test and certify equipment in situ at the trader’s premises involving transporting test equipment it is also reasonable that a charge is made for the inspector’s time.

It is estimated that introducing ‘user pays’ fees will raise approximately £1,500 per annum.

Recommendation

It is recommended that the Minister authorises:-

fees to be charged for the performance of additional functions by inspectors of weights and measures and they should be based on the schedule of fees prescribed in the Weights and Measures (Testing Fees) (Jersey) Order 2003, as amended
that when an inspector is requested to test and certify equipment in situ at a trader’s premises then an additional fee may be charged to be determined by the chief inspector of weights and measures.

Director of Trading Standards

10th January 2011