Weights and Measures annual inspections · legal metrology module there are 67, averaging as 0.3...
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National Measurement Office Section 70 Returns Annual Report
Weights & Measures Act 1985
Section 70 Returns
Annual Report 2013-14
Contents
Chapter 1 Executive Summary
Chapter 2 Introduction
Chapter 3 The Process
Chapter 4 Data Analysis
Chapter 5 Action Taken
Chapter 6 Transaction in Goods
Chapter 7 Regional Data
Chapter 8 Risk Matrix
Chapter 9 Projects
Chapter 10 Other Stakeholders
Annex A Authority Participation
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National Measurement Office Section 70 Returns Annual Report
Chapter 1
Executive Summary
The primary legislation governing the weights and measures regime in the UK is the 1985 Weights and Measures Act (the “1985 Act”). The NMO is responsible for the 1985 Act and the secondary legislation made under the 1985 Act and EU Directives. Local Weights and Measures Authorities (LWMAs) trading standards departments deliver the local enforcement of most of the UK’s weights and measures legislation.
Under section 70 of the 1985 Act LWMAs have a statutory requirement to report to the Secretary of State the level of local weights and measures enforcement work conducted over a twelve month period. The information is used as evidence to inform and update the National Measurement Office (NMO) risk matrix in relation to instruments, pre-packages and transactions. This analysis of data is intended to help local authorities focus their resources to where it matters thus helping to plan a targeted risk-based delivery avoiding unnecessary routine interventions.
This year 95% of authorities submitted a return to the NMO who collate and report the information on behalf of the Secretary of State. The section 70 return format for 2013/14 has retained the same format as the previous two return including the removal of the historically three lowest inspected instrument categories; weights, length measures and ‘other’. A category for liquid fuel tanker meter measuring systems (LFTMMS) was subsequently created as this is a high value product with a likelihood of failure.
The data analysis for section 70 returns for 2013/14 shows that the three categories with the highest potential for failure are;
Weighbridges and scales equal to or greater than 5 tonnes (≥5000 kg)
Liquid fuel tanker meter measuring systems
Non-automatic weighing instruments greater than 30 kg and less than 5 tonnes (> 30kg < 5000 kg)
The risk matrix was updated accordingly.
When compared to the previous year’s data (2012/13) the three categories with the highest potential for failure remain unchanged. Previously weighbridges & scales > 5 tonnes was rated as ‘likely’ to fail under the high impact red risk category this has increased by 0.46% and is increasingly becoming the
subject of issues reported to NMO via the ([email protected]) bespoke email address for
this purpose and so has increased its risk rating to very likely to fail with very high risk impact. Liquid fuel tanker meter measuring systems has decreased by 1.81% however when this is combined with potential for political embarrassment relating to “fuel poverty “ issues and the high value of the product, it’s risk rating remains in its original position of likely failure with very high impact of risk. The position of non-automatic weighing instruments >30kg <5t on the risk matrix has been changed to possible failure with low impact of failure because there are no other elements effecting the impact of the risk as per the ‘Justification of position on Risk Matrix’ on page 42, although the risk of non-compliance has increased by 0.06%. .
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National Measurement Office Section 70 Returns Annual Report
In maintaining the previous two years’ format it remains the long term aim of the report to be able to give an accurate monetary figure on consumer detriment. In order to collate this data the return form was altered to ask authorities to record the percentage of equipment found outside of the limit of error, and respectively the percentage of which gives short and excess measure. The infancy of the request(s) means the data correlated for this report cannot be seen as precise as the response population for this information was small in comparison with the whole population. The majority of authorities do not currently record such figures and/or do not have a system in place to do so. As such the figures available are an approximation. It is hoped that authorities will take the step to begin to record the necessary data so that future reports are more representative of the real picture. In order to facilitate this and ensure data provided is accurate, NMO will adapt the return so advice is available as each piece of data is imputed. Ultimately this will allow the NMO to effectively assess the economic impacts inaccurate equipment has on the consumer. To build on this and to enable NMO to be able to give a monetary figure of the cost of savings made to business by Trading Standards activity, 2012/13 return had another alteration made and asked authorities to record the ‘number of businesses your LA assisted into compliance’ & ’estimated cost saving to the business’. As with the additions made the previous year the infancy of the request(s) means the data correlated for this report cannot be seen as precise as the response population for this information was small in comparison with the whole population. The majority of authorities do not currently record such figures and/or do not have a system in place to do so. As such the figures available are an approximation. In order to improve the accuracy of data collected under this request WHoTS (Welsh Heads of Trading Standards) completed their Section 70 Returns and used the same equation across the region to produce a figure for this request, they used the maximum fine that could have been issued had TS taken enforcement action rather than given advice on how to make the business compliant. This equation for calculating the figure requested will now form part of the guidance for completing the return, and it is hoped that authorities will take the step to begin to record the necessary data so that future reports are more representative of the real picture. Authorities were given the opportunity in the return to feed back to NMO about their foremost concerns relating to weights and measures. The main theme generated from responses is of the familiar annual struggles of time, budget and the battle to gain priority status against other competing trading standards activities. This was also reflected in the previous two years’ report. A major worry for authorities, highlighted in the returns, is staff resourcing and the diminishing number of newly qualified inspectors. For some authorities the level of resource required (financial and time input) to train an officer to competency as a Weights and Measures Inspector is significant and harder to justify due to lower priority given to the service in relation to metrology work. The chart below shows that the number of qualified inspectors of weights and measures from the 193 participating authorities is 1067, an unexpected but encouraging increase of 28 on last year’s figure of 1039. The number of full time equivalents of staff actively engaged in weights and measures work is 304 which is again an increase of 6 from last year’s figure of 298 equating to an average of 1.6 staff per authority, this is consistent with the previous year. For staff members studying for the DCATS TSI legal metrology module there are 67, averaging as 0.3 per authority this figure is also consistent with the previous year’s numbers of staff actively participating in weights & measures work.
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National Measurement Office Section 70 Returns Annual Report
The NMO is committed to keeping metrology on authorities’ agendas by supporting project based and local authority regional co-operation plus identification of regional and national trends. Projects are conducted on different scales, implemented by individual authorities, regional metrology groups or on a national level. The NMO encourage authorities to take part in these projects but also to submit the write up and results of authority or regional wide projects. .
This information allows the NMO to build a realistic picture of metrology work and results in more detail than can be ascertained from just the section 70 returns themselves. It highlights the trends in weights and measures, which provides evidence when deciding on national projects and allows evidence based policy making.
1120
503
81
1039
298
59
1066
304
67
Number of Inspectors of Weights and Measures
Number of full time equivalents (FTE) of staff engaged in Weights
and Measures work
Number of staff registered and actively studying for the TSI Legal
Metrology Module
2011/12
2012/13
2013/14
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National Measurement Office Section 70 Returns Annual Report
Top ten voted for nationally co-ordinated projects
National Project 2015/16
NMO has proposed a project that encompasses the top 4 issues raised as well as targeting high risk equipment, focused on Self Verification activities within the petrol pump, weighbridge and bulk fuel industries. This proposal has been agreed with the Expert Panel.
Weighbridges (inc scrap metal) 15%
Loss of expertise/resources 12%
Self-verifier activity - weighing & measuring equipment
11%
Liquid fuel dispensers 6.5%
Sale by bowl or item 6.5%
Medical weighing equipment/scales
6%
Packaged Goods 5.5%
Bulk fuel tankers 4.5%
Gold & precious metals – equipment/scales
4.5%
Intoxicating liquor measuring instruments
3.5%
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National Measurement Office Section 70 Returns Annual Report
NMO Recommendations
1. To maintain the risk based approach to weights and measures inspections, NMO will promote the findings of the section 70 report, the risk matrix and these recommendations to all local authorities.
2. To promote a reduction in the rate of non-compliance resulting in improved consumer protection and fair competition in the future.
3. To encourage LWMAs to take part in authority, regional and national metrology projects and to submit the results to the NMO.
4. To co-ordinate national projects that target the highest risk rated equipment and encourage competence in these areas.
5. To ensure the Section 70 Report is available to NTSB Intelligence Hub in order to provide a Metrology feed into the Strategic Assessment.
6. A letter to the CEO of those authorities not submitting a Section 70 return will be sent to remind them of their legal obligation.
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National Measurement Office Section 70 Returns Annual Report
Chapter 2
Introduction
This report is a collation of the activities reported to the National Measurement Office (NMO) by Local Weights and Measures Authorities (LWMAs) throughout Great Britain under section 70 of the Weights and Measures Act 1985 for the year April 1
st 2013 to March 31
st 2014.
Section 70 of the Weights and Measures Act 1985 states;
“Annual reports by local weights and measures authorities
(1) Each local weights and measures authority shall, in respect of each financial year of the authority, make to the Secretary of State by such date as he may direct a report on the operation during that year of the arrangements made to give effect in that authority's area -
(a) to the purposes of this Act, and
(b) to functions relating to weights and measures which are conferred on the authority otherwise than by or under this Act and which are specified, in a notice in writing given to the authority by the Secretary of State and not withdrawn, as functions to which this paragraph applies.
(2) Any report under subsection (1) above shall be in such form and contain such particulars
of such matters as the Secretary of State may direct.
(3) Any report made to the Secretary of State under this section may be published by the
local weights and measures authority by whom it is made.
(4) The Secretary of State may include the whole or any part of, or any information contained in, any such report, whether published or not, in any statement which may be made or published by the Secretary of State with respect to such arrangements as are mentioned in subsection (1) above either generally or in any particular area.”
Therefore, authorities have a statutory duty to report the level of local enforcement work conducted over a twelve month period. This year, 193 out of 202 authorities (95%) returned the report to the NMO. This result is a 6% increase from 2012-2013. This increase in returns of 6% should be taken in context that last year for the first time NMO implemented an earlier deadline by which returns should be submitted of 30/06/14 which resulted in 6% decrease in returns so it is encouraging to see a return to pre new deadline levels. The June deadline was implemented in order to produce a Section 70 Report that could be used at an earlier date than in previous years when it was not published until the following year. In publishing the Section 70 Report within 8 months of the year end the information held within the report can used to assist LA in planning the following year’s budget and activities. Given the high number of authorities who have trouble quantifying the needed data, NMO recommends that authorities try to incorporate the S70 form into their inspection forms. This tailored-to approach would help increase the accuracy and accessibility of the relevant figures. NMO has also approached the makers of the databases used by TS and invited them to attend the Metrology Seminar to give advice on how best to retrieve the data required.
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National Measurement Office Section 70 Returns Annual Report
The NMO uses the data returned by authorities to;
Indicate the risk level of weights and measures equipment, pre-packages and transactions in goods
Target future co-ordinated projects of regional and national concern
Implement evidence based policymaking
Provide information to NTSB to feed into the strategic assessment
It is anticipated that the deadline for submitting the Section 70 Return will remain 30/06/15 to allow for the report to be published before the metrology focus group meeting in autumn 2015 this would allow national projects to be selected and disseminated to LWMA before Jan/Feb 2016 when LWMA plan for the next year.
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National Measurement Office Section 70 Returns Annual Report
Chapter 3
The Process
Method of collecting data: Local authorities are asked to supply information using a form made
available on the NMO website, which when they have completed is sent to a specific section 70 email address as an attachment. The data collection form required pursuant to section 70(2) of the Act contains two parts. A section relating to measuring compliance of weighing and measuring equipment, in which the following information is requested;
Number of pieces of equipment in the region
Number of individual pieces of equipment inspected
Number of individual pieces of equipment verified
Number of pieces of equipment found incorrect and a 28 day notice issued
Number of pieces of equipment found incorrect and verification mark removed
Number of pieces of equipment related to prosecution or cautions
Approximate percentage of equipment found outside limit of error
Approximate percentage of equipment reading short measure
Approximate percentage of equipment short measure
The requested equipment reported on is listed below, for the purpose of this report the shortened title of the equipment is stated in brackets after the equipment;
Liquid fuel measuring instruments (LFMIs)
Liquid fuel tanker meter measuring systems (LFTMMS)
Weighbridges and scales ≥5 tones (weighbridges)
Non-automatic weighing instruments ≤30 kilograms (NAWIs ≤30kg)
Non-automatic weighing instruments >30 kilograms but <5 tonnes (NAWIs >30kg <5t)
Automatic weighing instruments (AWIs)
Intoxicating liquor measuring instruments (ILMIs)
Secondly, there is a section relating to measuring compliance in transaction of goods, in which the following information is requested; Number of businesses liable to inspection;
Number of businesses due this year
Number of businesses inspected
Number of businesses compliant
Number of businesses your LA assisted into compliance
Estimated cost saving to the business
In reference to;
Packaging plants
Importers of packaged goods
Bulk products by weight or volume
Retail outlets
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National Measurement Office Section 70 Returns Annual Report
Chapter 4
Data analysis Inspection rate
Inspection rate is the number of individual pieces of equipment inspected by Inspectors of Weights and Measures out of the reported total number of pieces of equipment known to be in the area. For example, in 2013/14, 3063 weighbridges were inspected out of a reported 7847 pieces of equipment therefore the inspection rate was 39%.
Graph 1: Percentage of inspections on all equipment types The most inspected type of equipment in 2013/14 was weighbridges with 39% of all reported weighbridges being inspected. The second and third most inspected types of equipment were fuel tanker meter measuring systems with 26% and Liquid fuel dispensers (LFMIs) with 20% inspection rate. This is consistent 12/13 results with a reported 43% of weighbridges being inspected followed by 30% and 22% of Liquid fuel tanker meter measuring systems and LFMIs. . The lowest inspection rate in 13/14 was for ILMIs which remains consistent with 12/13 when the rate was 6%. NAWIs ≤30kg has seen a 2% decrease while NAWIs >30kg <5t remain consistent with the previous year at 16%. Whilst there was a 4% increase in the inspection rate for AWIs. The largest decrease in inspection rates was for Weighbridges & Liquid Fuel Tanker Meter Measuring Systems which both dropped by 4%, which is disappointing considering that the submitted returns increased by 6%, and they are the two highest rated pieces of equipment most likely to fail on the risk matrix It is encouraging to note that they are also the two most inspected pieces of equipment which suggests Local Authorities are directing their limited and often stretched resources towards the appropriate areas of Metrology work.
20
25
39
11
16
13
4
Percentage of inspections on all equipment types
Liquid fuel dispensing Instruments Liquid fuel tanker meter measuring systems Weighbridges & scales >5t Non-automatic weighing instruments < 30kg Non-automatic weighing instruments > 30kg< 5t Automatic weighing instruments Intoxicating Liquor measuring instruments
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National Measurement Office Section 70 Returns Annual Report
Chapter 5
Action taken
This section of the report discusses the equipment which has the highest rate of action taken. This covers equipment which was inspected, not correct and further action was necessary either by issuing a 28 day notice, removing the verification mark or being related to prosecution or cautions. Out of all of the equipment the average further action was;
2.0% required a 28 day notice
1.0% had the verification mark removed
0.01% (14 pieces of equipment) were related to prosecution or cautions
The highest action taken figures;
1. Weighbridges and scales >5000kg – 5.61%
2. Liquid fuel tanker meter measuring systems – 3.29%
3. NAWIs >30kg <5t – 1.61%
1. Weighbridges and scales ≥ 5t
Graph 2: Action taken for weighbridges
39
3 4 1
0.08
16
10
4
Number inspected %
Number verified % Number found incorrect and 28
days notice issued %
Number found incorrect &
verification mark removed %
Number related to prosecution or
cautions %
Approximate % of equipment found
outside limit of error
Approximate % of equipment outside
limit of error reading short
measure
Approximate % of equipment outside
limit of error reading excess
measure Axis Title
Weighbridges and scales ≥ 5t
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National Measurement Office Section 70 Returns Annual Report
The graph shows that the number of weighbridges found incorrect and issued 28 days’ notice is 1.74% higher than the average (for all equipment) and the number found incorrect and the verification mark removed is 0.8% higher. Six pieces of equipment were related to prosecutions or cautions that are 0.01% above the national average these were five in Flintshire and one in Cheshire East. Compared to 13/14 the inspection rate of weighbridges is down by 4%, last year the inspection rate decreased by 8% so overall this is a reduction of 12% over the last 2 years. However there was an increase of 0.23% and in the number found to be incorrect and issued 28 days’ notice issued and in the number of verification marks removed has also increased by 0.2%. Prosecutions and cautions increased from 0.04% to 0.07%. This increase in non-compliance against a decrease in inspection rates justifies weighbridges and scales position on the risk matrix and should be used to support intelligence led inspections in this area.
2. Liquid fuel tanker meter measuring systems
Graph 3: Action taken for Liquid fuel tanker meter measuring systems
25
6
2 1
0
10
7
1
Number inspected %
Number verified %
Number found incorrect and 28
days notice issued %
Number found incorrect &
verification mark removed %
Number related to prosecution or
cautions %
Approximate % of equipment found outside limit of error
Approximate % of equipment
outside limit of error reading
short measure
Approximate % of equipment
outside limit of error reading
excess measure
Liquid fuel tanker meter measuring systems
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National Measurement Office Section 70 Returns Annual Report
In comparison to 2013/14 the inspection rate of Liquid fuel tanker meter measuring systems has dropped by 4%, a total of 10% over the last two years They have a lower than average rate of 0.04% for being issued a 28 day notice and are 0.34% above average for having the verification mark removed. There were no prosecutions or cautions.
3. Non-automatic weighing instruments > 30kg < 5t
Graph 4: Action taken for NAWIs > 30kg < 5t In comparison with 2012/13 the inspection of NAWIs >30kg <5t has remained consistent at 16% The number of NAWIs found incorrect and issued 28 days’ notice is 0.80% below the average percentage rate (for all equipment) and the number found incorrect and the verification mark removed is 0.59% below the average. There were no prosecutions or cautions issued.
16
3
1 0.4
0
3
2
0.7
Number inspected %
Number verified % Number found incorrect and 28
days notice issued %
Number found incorrect &
verification mark removed %
Number related to prosecution or
cautions %
Approximate % of equipment found
outside limit of error
Approximate % of equipment outside
limit of error reading short measure
Approximate % of equipment outside
limit of error reading excess measure
Non-automatic weighing instruments > 30kg < 5t
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National Measurement Office Section 70 Returns Annual Report
Chapter 6
Transactions in goods Transactions in goods relates to the second section of the form, which requires authorities to indicate the metrological compliance in transactions. It targets four types of business; packaging plants, importers of packaged goods, those selling bulk products by weight or volume and retail outlets. It should be noted that approximately
170% of all weights and measures transactions are made through
pre-packages and 30% weighed or measured at the point of sale using instruments. Graph 5: Measuring metrological compliance in transactions
The results for compliance in transactions show that 20% (5162 out of 25789) of all businesses which were liable to inspection and visited were found to be non-compliant. Retail Outlets have the highest percentage ratio of non-compliance at 21% (4569 out of 20964 visited), followed by Packaging Plants at 14% (329 out of 2348 visited) Bulk Products by weight or volume at 10% (212 out of 2089 visited and Importers of packaged goods at 5% (52 out of 388 visited). Non-compliance rates for Importers of packaged goods and Bulk products by weight and volume have both decreased by 1% and 5% respectively. Non compliance rates for Packaging Plants, Retail outlets have increased by 1.4% and 8.5% respectively. We can see the biggest changes have been at Retail Outlets and Bulk Products by weight or volume.
1 Deloitte Report 2009
7971 1837 11738
314619
3053 748
2901
59092 2348
388 2089 20964
329 52 212 4569
Packaging plants Importers of packaged goods
Bulk products by weight or volume
Retail outlets
Non-compliant businesses
Businesses visited
Businesses due for visit in the financial year
Businesses liable to inspection
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National Measurement Office Section 70 Returns Annual Report
Packaging plants have the highest percentage for inspection rate at 22% this is a decrease on the previous year of 18%, last year Importers of packaged goods were second with an inspection rate of 17%, (they have the lowest rate of non-compliance) a decrease of 12% from the previous year. Businesses selling bulk products by weight or volume have an inspection rate of 15%, again this is a decrease from the previous year of 8.5%. Retail outlets scored lowest for inspections at 6%, a decrease of .1% (they have the highest rate of non-compliance).
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National Measurement Office Section 70 Returns Annual Report
Chapter 7
Regional Data
Wales
All Equipment
Total No. of equipment
No. inspected
No. verified No. found incorrect 28 days notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
77741 20393 220 279 124 6
N/A 26% 1% 1% 0.60% 0.02%
No. of authorities within region
22
No. of authorities participating in S70 20 No. of Inspectors of W&M’s
98
No. of FTE of staff engaged in W&M’s work
37.63
No. of staff registered & actively studying for the DCATS Legal Metrology Module
7
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National Measurement Office Section 70 Returns Annual Report
Individual Equipment
Actual or estimated No.
No. inspected
No. verified No. found incorrect 28 days notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
LFMIs 7155 2815 155 13 19 1
LFMMS
394
123
11
0
10
0
Weighbridges
629
305
31
26
15
5
NAWIs ≤30kg
11053
3058
8
106
39
0
NAWIs >30kg <5t
1780
379
14
58
6
0
AWIs
126
30
1
4
2
0
ILMIs
56604
13683
0
72
33
0
Business
No. of businesses
liable to inspection
No. of businesses
due this year
No. of businesses
visited
No. of businesses compliant
No of business you assisted into compliance.
Estimated cost saving
to the business
Packaging plants 564 228 221 184 74 195000
Importers of packaged goods
25
20
15
10
6
25000
Businesses selling bulk products by weight or volume
858
407
289
246
60
95000
Retail Outlet
16567
6848
2721
2190
561
365000
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National Measurement Office Section 70 Returns Annual Report
Scotland
All Equipment
Total No. of equipment
No. inspected
No. verified No. found incorrect 28 days notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
100160 28638 154 439 116 0
N/A 29 0.53% 1.53% 0.45% 0%
No. of authorities within region
32
No. of authorities participating in S70 32 No. of Inspectors of W&M’s
155
No. of FTE of staff engaged in W&M’s work
53.85
No. of staff registered & actively studying for the DCATS Legal Metrology Module
6
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National Measurement Office Section 70 Returns Annual Report
Individual Equipment
Actual or estimated No.
No. inspected
No. verified No. found incorrect 28 days notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
LFMIs 12459 5502 91 44 16 0
LFMMS
339
123
34
10
7
0
Weighbridges
901
757
9
59
28
0
NAWIs ≤30kg
16498
4305
7
226
29
0
NAWIs >30kg <5t
1490
525
6
24
13
0
AWIs
375
131
4
2
0
0
ILMIs
68098
17295
3
74
23
0
Business
No. of businesses
liable to inspection
No. of businesses
due this year
No. of businesses
visited
No. of businesses compliant
No of business
you assisted
into compliance
Packaging plants 793 393 425 354 73
Importers of packaged goods
16
9
9
8
1
Businesses selling bulk products by weight or volume
1266
331
462
411
50
Retail Outlet
34103
4296
5133
4232
633
21
National Measurement Office Section 70 Returns Annual Report
North East
All Equipment
Total No. of equipment
No. inspected
No. verified No. found incorrect 28 days notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
96882 5678 3792 206 438 0
N/A 5.86% 66% 3.62% 7.7% 0%
No. of authorities within region
12
No. of authorities participating in S70 12 No. of Inspectors of W&M’s
60.5
No. of FTE of staff engaged in W&M’s work
13.95
No. of staff registered & actively studying for the DCATS Legal Metrology Module
7
22
National Measurement Office Section 70 Returns Annual Report
Individual Equipment
Actual or estimated No.
No. inspected
No. verified No. found incorrect 28 days notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
LFMIs 5307 1834 34 144 19 0
LFMMS
32
10
1
1
0
0
Weighbridges
511
217
14
19
9
0
NAWIs ≤30kg
8073
748
8
22
24
0
NAWIs >30kg <5t
1596
456
3
15
6
0
AWIs
91
24
9
2
1
0
ILMIs
81300
2389
3723
3
379
0
Business
No. of businesses
liable to inspection
No. of business
es due this year
No. of businesses
visited
No. of businesses compliant
No of business you assisted into
compliance
Packaging plants 269 91 83 53 1
Importers of packaged goods
15
9
3
3
0
Businesses selling bulk products by weight or volume
870
103
163
111
13
Retail Outlet
14216
3132
1256
793
159
23
National Measurement Office Section 70 Returns Annual Report
North West
All Equipment
Total No. of equipment
No. inspected
No. verified No. found incorrect 28 days notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
566993 21016 2715 260 113 2
N/A 3.7% 10 1.23 0.53% 0.009%
No. of authorities within region
23
No. of authorities participating in S70
22
No. of Inspectors of W&M’s
120.5
No. of FTE of staff engaged in W&M’s work
17.95
No. of staff registered & actively studying for the DCATS Legal Metrology Module
5
24
National Measurement Office Section 70 Returns Annual Report
Individual Equipment
Actual or estimated No.
No. inspected
No. verified No. found incorrect 28 days notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
LFMIs 14735 3791 154 50 27 0
LFMMS
86
52
6
5
4
0
Weighbridges
1031
403
26
41
15
1
NAWIs ≤30kg
16663
1540
720
80
20
1
NAWIs >30kg <5t
3676
775
38
40
40
0
AWIs
506
84
15
7
0
0
ILMIs
530296
14371
1216
37
7
0
Business No. of businesses
liable to inspection
No. of business
es due this year
No. of businesses
visited
No. of businesses compliant
No of business
you assisted
into compliance
Packaging plants 573 363 194 169 67
Importers of packaged goods
154
74
35
35
8
Businesses selling bulk products by weight or volume
754
207
138
141
25
Retail Outlet
34392
13407
2711
2856
328
25
National Measurement Office Section 70 Returns Annual Report
East Midlands
All Equipment
Total No. of equipment
No. inspected
No. verified No. found incorrect 28 days notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
65491 2492 393 95 12 1
N/A 3.8% 16% 4% 0.5% .04%
No. of authorities within region
10
No. of authorities participating in S70
10
No. of Inspectors of W&M’s
66
No. of FTE of staff engaged in W&M’s work
9.35
No. of staff registered & actively studying for the DCATS Legal Metrology Module
4
26
National Measurement Office Section 70 Returns Annual Report
Individual Equipment
Actual or estimated No.
No. inspected
No. verified No. found incorrect 28 days notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
LFMIs 7495 565 81 15 1 0
LFMMS
90
18
0
0
0
0
Weighbridges
549
150
39
24
3
0
NAWIs ≤30kg
8654
451
84
33
7
0
NAWIs >30kg <5t
1507
215
9
8
1
1
AWIs
113
34
58
0
0
0
ILMIs
47083
1059
122
15
0
0
Business No. of businesses
liable to inspection
No. of business
es due this year
No. of businesses
visited
No. of business
es compliant
No of business
you assisted
into compliance
Packaging plants 792 180 99 85 6
Importers of packaged goods
353
42
15
11
3
Businesses selling bulk products by weight or volume
1287
243
54
52
2
Retail Outlet
29631
8293
499
443
42
27
National Measurement Office Section 70 Returns Annual Report
West Midlands
All Equipment
Total No. of equipment
No. inspected
No. verified No. found incorrect 28 days notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
119315 2917 320 133 50 2
N/A 2.4% 11% 4.5% 1.7% 0.06%
No. of authorities within region
14
No. of authorities participating in S70
14
No. of Inspectors of W&M’s
87
No. of FTE of staff engaged in W&M’s work
33.7
No. of staff registered & actively studying for the DCATS Legal Metrology Module
6
28
National Measurement Office Section 70 Returns Annual Report
Individual Equipment
Actual or estimated No.
No. inspected
No. verified No. found incorrect 28 days notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
LFMIs 6725 753 125 26 25 0
LFMMS
166
14
6
0
0
0
Weighbridges
521
165
10
16
3
0
NAWIs ≤30kg
5062
876
23
56
9
2
NAWIs >30kg <5t
1078
219
133
29
0
0
AWIs
210
26
5
1
0
0
ILMIs
105553
864
8
4
13
0
Business
No. of businesses
liable to inspection
No. of businesses
due this year
No. of businesses
visited
No. of businesses compliant
No of business you assisted into
compliance
Packaging plants 857 409 148 110 35
Importers of packaged goods
185
31
18
17
1
Businesses selling bulk products by weight or volume
1669
432
64
55
8
Retail Outlet
21704
6056
711
583
76
29
National Measurement Office Section 70 Returns Annual Report
Yorkshire & Humberside
All Equipment
Total No. of equipment
No. inspected
No. verified No. found incorrect 28 days notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
219526 7690 212 215 142 0
N/A 3.5% 2.7% 2.7% 1.8% 0%
No. of authorities within region
11
No. of authorities participating in S70
10
No. of Inspectors of W&M’s
76
No. of FTE of staff engaged in W&M’s work
31.85
No. of staff registered & actively studying for the DCATS Legal Metrology Module
8
30
National Measurement Office Section 70 Returns Annual Report
Individual Equipment
Actual or estimated No.
No. inspected
No. verified No. found incorrect 28 days notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
LFMIs 13620 1723 50 15 16 0
LFMMS
161
22
4
1
9
0
Weighbridges
1082
399
61
38
27
0
NAWIs ≤30kg
22595
1240
20
55
17
0
NAWIs >30kg <5t
3254
398
41
61
22
0
AWIs
842
31
21
1
0
0
ILMIs
177972
3877
15
44
51
0
Business
No. of businesses
liable to inspection
No. of businesses
due this year
No. of businesses
visited
No. of businesses compliant
No of business you assisted into
compliance
Packaging plants 1614 143 478 433 56
Importers of packaged goods
211
58
47
39
9
Businesses selling bulk products by weight or volume
1063
342
322
308
44
Retail Outlet
24865
1753
1940
1686
252
31
National Measurement Office Section 70 Returns Annual Report
South East
All Equipment
No. of authorities within region
19
No. of authorities participating in S70
16
No. of Inspectors of W&M’s
120
No. of FTE of staff engaged in W&M’s work
24.05
No. of staff registered & actively studying for the DCATS Legal Metrology Module
9
Total No. of equipment
No. inspected
No. verified No. found incorrect 28 days’ notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
94054 7064 1414 200 31 3
N/A 7.5% 20% 2.8% 0.43% 0.04%
32
National Measurement Office Section 70 Returns Annual Report
Individual Equipment
Actual or estimated No.
No. inspected
No. verified No. found incorrect 28 days notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
LFMIs 16103 1695 71 65 3 3
LFMMS
203
55
2
2
0
0
Weighbridges
736
215
13
18
10
0
NAWIs ≤30kg
21436
1182
162
41
11
0
NAWIs >30kg <5t
3929
617
423
22
2
0
AWIs
123
9
0
0
0
0
ILMIs
51524
3291
743
52
5
0
Business
No. of businesses
liable to inspection
No. of businesses
due this year
No. of businesses
visited
No. of businesses compliant
No of business you assisted into
compliance
Packaging plants 1079 473 283 247 16
Importers of packaged goods
558
239
87
67
11
Businesses selling bulk products by weight or volume
2392
444
251
192
16
Retail Outlet
40579
7102 3148
1692
92
33
National Measurement Office Section 70 Returns Annual Report
South West
All Equipment
No. of authorities within region
15
No. of authorities participating in S70
13
No. of Inspectors of W&M’s
100
No. of FTE of staff engaged in W&M’s work
42.94
No. of staff registered & actively studying for the DCATS Legal Metrology Module
7
Total No. of equipment
No. inspected
No. verified No. found incorrect 28 days notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
75700 8764 226 251 80 0
N/A 11% 2.5% 2.8% 0.91% 0%
34
National Measurement Office Section 70 Returns Annual Report
Individual Equipment
Actual or estimated No.
No. inspected
No. verified No. found incorrect 28 days notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
LFMIs 6019 1255 114 18 2 0
LFMMS
165
68
43
8
0
0
Weighbridges
515
249
22
26
19
0
NAWIs ≤30kg
8741
674
23
52
11
0
NAWIs >30kg <5t
1942 104
8
16
2
0
AWIs
55
19
4
0
0
0
ILMIs
58263
6395
12
131
46
0
Business
No. of businesses
liable to inspection
No. of businesses
due this year
No. of businesses
visited
No. of businesses compliant
No of business you assisted into
compliance
Packaging plants 2430 566 184 220 143
Importers of packaged goods
227
100
40
38
3
Businesses selling bulk products by weight or volume
1497
199
217
250
130
Retail Outlet
36973
3928
1146
494
334
35
National Measurement Office Section 70 Returns Annual Report
East England
All Equipment
No. of authorities within region
11
No. of authorities participating in S70
11
No. of Inspectors of W&M’s
92
No. of FTE of staff engaged in W&M’s work
7.2
No. of staff registered & actively studying for the DCATS Legal Metrology Module
1
Total No. of equipment
No. inspected
No. verified No. found incorrect 28 days notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
67963 1834 601 78 22 0
N/A 2.6% 32% 4.2% 1.1% 0%
36
National Measurement Office Section 70 Returns Annual Report
Individual Equipment
Actual or estimated No.
No. inspected
No. verified No. found incorrect 28 days notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
LFMIs 13660 834 75 4 4 0
LFMMS
391
89
41
17
0
0
Weighbridges
1066
114
12
14
7
0
NAWIs ≤30kg
11713
403
338
21
5
0
NAWIs >30kg <5t
2122
80
121
11
2
0
AWIs
427
25
14
10
0
0
ILMIs
38584
289
0
1
4
0
Business
No. of businesses
liable to inspection
No. of businesses
due this year
No. of businesses
visited
No. of businesses compliant
No of business you assisted into
compliance
Packaging plants 952 95 153 92 16
Importers of packaged goods
193
79
64
56
2
Businesses selling bulk products by weight or volume
1040
105
72
64
5
Retail Outlet
47891
1990
429
329
23
37
National Measurement Office Section 70 Returns Annual Report
London
All Equipment
No. of authorities within region
33
No. of authorities participating in S70
30
No. of Inspectors of W&M’s
79
No. of FTE of staff engaged in W&M’s work
30.28
No. of staff registered & actively studying for the DCATS Legal Metrology Module
7
Total No. of equipment
No. inspected
No. verified No. found incorrect 28 days notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
218361 7195 17 235 54 10
N/A 3.2% .23% 3.2% .75% .13%
38
National Measurement Office Section 70 Returns Annual Report
Individual Equipment
Actual or estimated No.
No. inspected
No. verified No. found incorrect 28 days notice
issued
No. found incorrect & verification
mark removed
No. related to prosecution or
cautions
LFMIs 9254 2206 2 14 13 0
LFMMS
10 0 0 0 0 0
Weighbridges
233 85 0 13 6 0
NAWIs ≤30kg
14773 1707 11 125 6 10
NAWIs >30kg <5t
1116 54 1 4 5 0
AWIs
141 26 1 0 0 0
ILMIs
192834 3117 2 79 24 0
Business
No. of businesses
liable to inspection
No. of businesses
due this year
No. of businesses
visited
No. of businesses compliant
No of business you assisted
into compliance
Packaging plants 296 99 67 59 6
Importers of packaged goods
248
87
55
52
3
Businesses selling bulk products by weight or volume
1005
88
57
47
1
Retail Outlet
30912
2287
1170
997
83
39
National Measurement Office Section 70 Returns Annual Report
Chapter 8
The Risk Matrix As a result of the data collected from section 70 returns 2013/14, the weights and measure Risk Matrix 2014 has been reviewed, updated and reissued. By consolidating all of the data the following categories have been plotted in accordance with this year’s results; LFMIs, LFTMMS, weighbridges, NAWIs ≤30kg, NAWIs >30kg <5t, AWIs, ILMIs. Those instruments that have been removed from the return form have also been removed from the risk matrix. We have added to the risk matrix by taking other considerations into account when grading equipment on the risk matrix, these include economic and political values as well as other issues such as fuel poverty. As well as a risk matrix there is now a table to evidence why each piece of equipment has been given its position on the risk matrix and we hope this will be of further assistance when justifying where to direct resources. The four business types included in the measuring metrological compliance in transactions part of the form have also been plotted in accordance with this year’s results; packaging plants, importers of packaged goods, those selling bulk products by weight or volume and retail outlets. Items which have changed category; Weighbridges and scales >5000kg have moved from likely to fail with a very high risk impact to very likely to fail with very high risk impact, Non-automatic weighing instruments over 30kg but less than 5 tonnes has moved from possible risk of failure with very high risk impact to possible risk of failure with low risk impact. Liquid Fuel Dispensers has moved from possible risk of failure with high impact to unlikely risk of failure with very high risk impact. Automatic Weighing Instruments have moved from possible risk of failure with high risk impact to possible risk of failure with low risk impact. Intoxicating liquor measuring instruments has moved from very unlikely to fail with high risk impact to very unlikely to fail with low risk impact. Retail outlets have moved from likely failure with high risk impact to very likely to fail with high risk impact. Bulk products by weight or volume have moved from likely to fail with high risk impact to possible failure with high risk impact. Packaging Plants and Importers of packaged goods have remained in the same positions. The average inspection rate of all reported equipment is 18.7% a decrease of 1.1% compared to 2012/13.
40
National Measurement Office Section 70 Returns Annual Report
Graph 7: Risk Matrix 2012
Impact of Risk ↓
←Potential for failure→
Very likely
Likely
Possible
Unlikely
Very unlikely
Very high
Weighbridges and scales ≥5000kg
Liquid fuel tanker meter measuring systems (LFTMMS)
Liquid fuel dispensers (LFD)
High Retail Outlets
Packaging plants
Importers of packaged goods & Bulk products by weight or volume
Non-automatic weighing instruments ≤30 kg
Low
Non-automatic weighing instruments >30 kilograms but <5 tonnes & Automatic weighing instruments
Intoxicating liquor measuring instruments
Very low
41
National Measurement Office Section 70 Returns Annual Report
Justification of position on Risk Matrix
Equipment type
Level of compliance
Economic Value
Political factors Other Issues Position on Matrix
Weighbridges & Scales less than 500kg
5.61% High value of scrap metal. High cost of hiring testing unit makes this equipment vulnerable to neglect. i5.6 Billion to UK economy
iiImportance to
public increases when linked to road safety.
Very likely to fail with very high impact of failure
Liquid Fuel Tanker Meter Measuring systems
3.29% High value product
Fuel Poverty. Product cannot be seen by consumer.
Likely to fail with very high impact of failure.
Liquid Fuel Dispensers
0.47% High value & High volume product. iii45 Billion to
UK economy
Value to economy means it would be major political embarrassment if found to be not accurate.
Product cannot be seen by consumer.
Unlikely to fail with very high impact of failure.
Non-Automatic Weighing Instruments more than 30kg but less than 5 tonnes
1.61% Possible failure with low impact of failure
Non-Automatic Weighing Instruments less than 30kg
0.68% High Volume Unlikely to fail with high impact of failure
Automatic Weighing Instruments
0.92% Possible failure with low impact of failure
Intoxicating Liquor Measuring Instruments
0.07% Very unlikely to fail with low impact of failure
42
National Measurement Office Section 70 Returns Annual Report
Recommendations
1. To maintain the risk based approach to weights and measures inspections, NMO will promote the findings of the section 70 report, the risk matrix and these recommendations to all local authorities.
2. To promote a reduction in the rate of non-compliance resulting in improved consumer protection and fair competition in the future.
3. To encourage LWMAs to take part in authority, regional and national metrology projects and to submit the results to the NMO.
4. To co-ordinate national projects that target the highest risk rated equipment and encourage competence in these areas.
5. To ensure the Section 70 Report is available to NTSB Intelligence Hub in order to provide a Metrology feed into the Strategic Assessment.
6. A letter to the CEO of those authorities not submitting a Section 70 return will be sent to remind them of their legal obligation.
43
National Measurement Office Section 70 Returns Annual Report
Chapter 9 Projects This chapter examines National projects that have been carried out for 2013/14. We recognise that in the current climate of stretched and reduced resources a large amount of Metrology work carried out is done so as projects. Therefore we aim to produce a brief outline of the projects carried out and there results.
Previous Projects 2013/14 Last year NMO co-ordinated two projects, the bulk milk measurement project which was recommended by the expert panel, and an AWI project which was a market surveillance project.
Bulk Milk Measurement Project This project was designed to gain information about the way in which milk is measured in the collection chain from farm to dairy, and to consider levels of accuracy of the metrology on which milk collection, and subsequent payment, is based. This project has now been completed and we are currently producing the report which will be published on the NMO website.
Automatic Weighing Instruments which comply with the requirements of the Measuring Instruments Directive Project. This was a Market Surveillance project on smaller capacity Automatic Weighing Instruments which have been placed on the market and put into use under the Measuring Instruments Directive. These instruments were:- Automatic catchweighers complying with the Measuring Instruments (Automatic Catchweighers) Regulations 2006, SI 2006/1257
Automatic gravimetric filling instruments complying with the Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 2006, SI 2006/1258 This project has now been completed and the full report is available on the NMO website by following the link. https://www.gov.uk/enforcement-of-the-weights-and-measures-act-1985
44
National Measurement Office Section 70 Returns Annual Report
Current Projects 2014/15
Medical Weighing Project
This year, following the results of the requested projects published in the Section 70 Report for
2012/13, the expert panel chose a project for 2014 / 2015 on Medical Weighing Equipment in
locations other than hospitals. This decision was supported by National Measurement Office (NMO).
This project is currently underway and results should be returned to NMO 31/12/14, for further info
follow the link
https://www.gov.uk/enforcement-of-the-weights-and-measures-act-1985
Market Surveillance Project
To conduct Market Surveillance on smaller capacity Non-automatic Weighing Instruments, of up to 50 kg capacity, which have been placed on the market and brought into service under the Non-automatic Weighing Instruments Directive, as implemented in the United Kingdom by the Non-automatic Weighing Instruments Regulations 2000 (as amended). This project is now underway and will be completed by the end of the financial year, for further info follow the link
https://www.gov.uk/enforcement-of-the-weights-and-measures-act-1985
Future Projects 2015/16
Following the analysis of the section 70 returns 2013/14 the new project for 2015/16 has been agreed
with the Expert Panel and will focus on Approved verification activity within the Weighbridge, Petrol
Pump & Bulk Fuel industries.
An invitation to participate in this will be distributed towards the end of 2014.
45
National Measurement Office Section 70 Returns Annual Report
Chapter 10 Other Stakeholders NMO aims to ensure that all Stakeholders have an input into our police’s and activities, to this end we have developed varies ways for identified stakeholders to input into NMO:-
1. Trading Standards or anyone else can raise concerns they have through [email protected], this input has had a considerable influence on the National Project chosen for 2015/16
2. Local Authorities complete and submit a Section 70 Return which is in turn used to compile the Risk Matrix contained within the Section 70 Report
3. NMO ensures Trading Standards National Intelligence Hub has access to the Section 70 Report including the Risk Matrix to input into their annual strategic Assessment and subsequent control strategy
4. NMO has access to Consumer Direct Central Database 5. NMO actively participates in European and International metrology via WELMEC and
OIML.
Deanne Hughes Regulation Policy Team, National Measurement Office (NMO), October 2014
46
National Measurement Office Section 70 Returns Annual Report
Annex A Authority Section 70 Participation Aberdeen City Derby Isle of Wight Pembrokshire Sutton Aberdeenshire Derbyshire Islington Perthshire & Kinross Swansea Angus Devon Kensington & Chelsea Peterborough Swindon Argyll & Bute Doncaster Kent Plymouth Tameside
Barking & Dagenham Dorset Kingston upon Thames Poole Telford Barnet Dudley Knowsley Portsmouth Thurrock Barnsley Dumfries & Galloway Lambeth Powys Torbay Bath & NE Somerset Dundee Lancashire Reading Torfaen Bedford Durham Leicester City Redbridge Tower Hamlets Bexley Ealing Leicestershire Redcar & Cleveland Trafford Birmingham East Ayrshire Lewisham Renfrewshire Vale of Glamorgan Blackburn East Dunbartonshire Lincolnshire Rhondda Cyon Taff Walsall Blackpool East Lothian Liverpool Richmond Waltham Forest Blaenau Gwent East Renfrewshire Luton Rochdale Wandsworth Bolton East Riding Manchester Rotherham Warrington Bournemouth East Sussex Medway Rutland Warwickshire Bracknell Forest Edinburgh Merthyr Tydfil Salford West Berkshire Brent & Harrow Enfield Merton Sandwell West Dunbartonshire Bridgend Essex Middlesbrough Scottish Borders West Lothian Brighton & Hove Falkirk Midlothian Sefton West Sussex Bristol Fife Milton Keynes Sheffield West Yorkshire Bromley Flintshire Monmouthshire Shetland Westminster Buckinghamshire Gateshead Moray Shropshire Wigan Bury Glasgow Neath Port Talbot Slough Wiltshire Caerphilly Gloucestershire Newcastle upon Tyne Solihull Windsor &
Maidenhead
Cambridgeshire Greenwich Newham Somerset Wirral Camden Gwynedd Newport South Ayrshire Wokingham Cardiff Hackney Norfolk South Gloucestershire Wolverhampton Carmarthenshire Halton North Ayrshire South Lanarkshire Worcestershire Ceredigion Hammersmith & Fulham North East Lincolnshire South Tyneside Wrexham Central Bedfordshire Hampshire North Lanarkshire Southampton York Cheshire East Haringey North Lincolnshire Southend
Cheshire West & Chester Hartlepool North Somerset Southwark
City of London Havering North Tyneside St Helens
Comhairle Nan Eiean Siar
Herefordshire North Yorkshire Staffordshire
Conway Hertfordshire Northampton & Northamptonshire
Stirling & Clackmannanshire
Cornwall Highland Northumberland Stockport
Coventry Hillingdon Nottingham City Stockton on Tees
Croydon Hounslow Nottinghamshire Stoke
Cumbria Hull Oldham Suffolk
Darlington Inverclyde Orkney Sunderland
Denbighshire Isle of Anglesey Oxfordshire Surrey
47
i British Metals Recycling Association
ii 2006 Measuring Up report National consumerCouncil.
iii Forecourt Equipment Federation
National Measurement Office
Contacts
Address: National Measurement Office Stanton Avenue Teddington Middlesex TW11 0JZ General Enquiry Line: +44 (0)20 8943 7272 Email: [email protected] Website: www.gov.uk/nmo