Weights and Measures annual inspections · legal metrology module there are 67, averaging as 0.3...

47
Weights & Measures Act 1985 Section 70 Returns Annual Report 2013-14

Transcript of 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

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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

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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

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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 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

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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

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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 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

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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

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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 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

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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

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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 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

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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

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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 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

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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%

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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 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

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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%

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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 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

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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%

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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 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

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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%

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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 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

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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.

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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

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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

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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.

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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

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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.

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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

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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

Page 47: Weights and Measures annual inspections · legal metrology module there are 67, averaging as 0.3 per authority this figure is also consistent with the previous year’s numbers of

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