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 Measuring Detriment

Chapter 8 Regional Data

Chapter 9 Risk Matrix

Chapter 10 Projects

Chapter 11 Other Stakeholders

Annex A Authority Participation

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 National Measurement & Regulation Office (NMRO) 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 ofthe 1985 ActLWMAs 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 NMRO risk matrix in relation to instruments, pre-packages and transactions. This analysis of data is intendedto 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 99% of authorities submitted a return to the NMRO who collate and report the information on behalf of the Secretary of State.

The format of the section 70 return for 2014/15includes the following changes; the inclusion of medical weighing equipment, 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. Previously the risk rating of each piece of equipment was calculated using the number of equipment identified as inaccurate and further action taken from the estimated pieces of equipment in use. This has been changed and we calculate the number of equipment identified as inaccurate and further action taken from the number of pieces of equipment that has been inspected or verified. This has led to an increase in failure rate percentages.

The data analysis for section 70 returns for 2014/15 shows that the categories with the highest potential for failure are;

  • Medical Weighing Equipment
  • Weighbridges and scalesequal to or greater than 5 tonnes (≥5000 kg)
  • Non-automatic weighing instruments greater than 30 kg and less than 5 tonnes (> 30kg < 5000 kg)
  • Liquid fuel tanker meter measuring systems

The risk matrix has beenupdated accordingly.

When compared to the previous year’s data (2013/14) the categories with the highest potential for failure remain unchanged, but with the addition of medical weighing equipment. Previously weighbridges & scales 5 tonnes were rated as very likely to fail with very high risk impact, this rating has not changed. Medical Weighing Equipment had not previously been counted, but the results of the medical weighing project 2013/14 which produced a non-compliance rate of 23% resulted in this equipment being added to the Section 70 return and subsequent report, this will also be rated as very likely to fail with very high risk impact. Liquid fuel tanker meter measuring systems risk rating remains the same as the previous year aslikely failurewith very high impact of risk. The position of non-automatic weighing instruments >30kg <5t on the risk matrix has been increased to likely failure with low impact of failuredue to the increase in non-compliance.

In maintaining the previous year’s format it remains the long term aim of the report to be able to give an accurate monetary figure on consumer detriment. Analysis of this data identified weighbridges > 5 t as the equipment which gives the largest detriment to both Consumers and Business. This supports its position on the Risk Matrix.

To build on this and to enable NMRO 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’. The overall identified savings to business resulting directly from Trading Standards activity is £1,181,000, the total number of business TS assisted into compliance was 3087. The total percentage of non compliant business was 23%.

This data has resulted in a new chapter being added to this report, Measuring Detriment. The aim of collating and analysing this data is to identify the cost to both consumers and business of inaccurate equipment being in use for trade and the positive outcome of Trading Standards interventions.

Authorities were given the opportunity in the return to feedback to NMRO 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 threeyears reports.

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 tothe service in relation to metrology work.The chart below shows that the number of qualified inspectors of weights and measures from the 200 participating authorities is 1047, adecrease of 19 on last year’s figure of 1066. Thenumber of full time equivalents of staff actively engaged in weights and measures work is257 which is again a decrease of 47from last year’s figure of 304equating to an average of 1.2staff per participating authority. Forstaff members studying for the Diploma in Consumer Affairs and Trading Standards, DCATS legal metrology module there are 50, averagingas0.25 per authority, this figure is also a decrease as there were 67 last year, averaging as 0.33 per authority.

The NMRO 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 levels, implemented by individual authorities, regional metrology groups or on a national level. The NMRO encourage authorities to take part in these projects by offering low cost accessible training, but also to submit the write up and results of authority or regional wide projects. .

This information allows the NMRO 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 policymaking.

Top ten voted for nationally co-ordinated projects

Loss of expertise/resources / 13%
Weighbridges (inc scrap metal) / 13%
Self-verifier activity - weighing & measuring equipment / 12%
NAWI’s sold via internet/imported / 10%
Medical weighing equipment/scales / 8%
Packaged Goods / 6%
Liquid fuel dispensers / 5.6%
Bulk fuel tankers / 4.6%
Lack of metrology related intelligence / 4.2%
Sale by bowl or item / 3%

National Project 2015/16 – 2016/17

NMRO is currently running a two year project that encompasses the top 4 issues raised last year as well as targeting high risk equipment, focused on ‘Self’ Verification activities within the fuel dispenser, weighbridge and bulk fuel industries. This also goes some way to addressing the concerns raised regarding lack of expertise by providing free training at a regional level.

NMRO Recommendations

  1. To maintain the risk based approach to weights and measures enforcement, NMRO 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 andto submit the results to the NMRO.
  4. To co-ordinatenational 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.

Chapter 2

Introduction

This report is a collation of the activities reported to the National Measurement & Regulation Office (NMRO) by Local Weights and Measures Authorities (LWMAs) throughout Great Britain under section 70 of the Weights and Measures Act 1985 for the year 1stApril 2014to 31stMarch 2015.

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 giveeffect 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 arespecified, 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 eithergenerally 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, 200out of 202 authorities (99%) returned the report to the NMRO. This result is a 4% increasefrom 2013-2014. The is the highest number of returns we have seen since recording this data, and it is encouraging to see an upward trend in returns while continuing to implement a deadline for returns.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. In publishing the Section 70 Report within 7 months of the financial 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, NMRO 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.NMRO has also previously 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, to date only one has accepted this invitation.

The NMRO 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 NTSIB to feed into the strategic assessment

It is anticipated that the deadline for submitting the Section 70 Return will remain 30/06/16 to allow for the report to be published before the metrology expert panel meeting in autumn 2016 this would allow national projects to be selected and disseminated to LWMA before Jan/Feb 2017 when LWMA plan for the following financial year.

Chapter 3

The Process

Method of collecting data:Local weights and measures authorities are asked to supply information using a form made available on the NMRO 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 delivering short measure
  • Approximate percentage of equipment delivering excess 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)
  • Medical Weighing Equipment

Secondly, there is a section relating to measuring compliance in transactionof goods, in which the following information is requested;

  • Number of businesses liable to inspection
  • Number of businesses due to be inspected this year
  • Number of businesses inspected
  • Number of businesses compliant
  • Number of businesses LWMA assisted into compliance
  • Estimated cost saving to the business

In reference to;

  • Packaging plants
  • Importers of packaged goods
  • Bulk products by weight or volume
  • Retailoutlets
  • Medical premises

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 2014/145, 2910weighbridges were inspected out of a reported 8140pieces of equipment therefore the inspection rate was 35%.The average inspection rate of all reported equipment is 6.6% a decrease of 12% compared to 2013/14.

Graph 1: Percentage of inspections on all equipment types

The most inspected type of equipment in 2014/15was weighbridges with 35% of all reported weighbridges being inspected. The second and third most inspected types of equipment wereliquidfuel tanker meter measuring systemswith 20% and liquid fuel measuring instruments (LFMIs)with 16% inspection rate. The inspection rates have decreased when compared with13/14 results with a reported 39% of weighbridges beinginspected followed by 25% ofliquid fuel tanker meter measuring systems and20% of LFMIs.

The lowest inspection rate in 14/15was for intoxicating liquor measuring instruments 5% which has increased when compared with 2013/14 when the rate was 4%. NAWIs ≤30kghas seen a 2% decrease whileNAWIs >30kg <5t have seen a 1% decrease, there was a 2%increase in the inspection rate for AWIs.

The largest decrease in inspection rates was for liquid fuel tanker meter measuring systemsand liquid fuel measuring instruments which dropped by 5 & 4% respectively, which is surprising considering that the submitted returns increased by 4%, and they are two of the highest risk rated pieces of equipment most likely to fail on the risk matrix.However, it is encouraging to note that they are also two of thethree most inspected pieces of equipment which suggests Local Authorities are directingtheir limited and often stretched resources towards the appropriate areas of Metrology work.

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
  • 0.74% had the verification mark removed
  • 0.02% (62pieces of equipment) were related to prosecution or cautions

The highest rates of action taken figures:

  1. Weighbridges and scales >5000kg – 6%
  2. Liquid fuel tanker meter measuring systems – 3%
  3. NAWIs >30kg <5t – 2%
  1. Percentages for weighbridges and scales≥ 5t and actions taken

The graph shows that the number of weighbridges found incorrect and issued 28 days’ notice is 1.83% higher than the average (for all equipment) and the number found incorrect and the verification mark removed is 1.21% higher. Twenty one pieces of equipment were related to prosecutionsor a caution that is equal to the national average.

Compared to 13/14 the inspection rate of weighbridges is down by 3%, since 2011/12 the inspection rate for this equipment has decreased steadily from 51% to 36%. However thenumber found to be incorrect and issued 28 days’ noticeissued has remained consistent at 4%. The number of verification marks removed has decreased by 1%. Prosecutions and cautions have increased from0.08% to 0.25% (note: figures below 0.5% do not show on the above chart). This increase in prosecutions and cautions 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.

  1. Percentages for liquid fuel tanker meter measuring systems and actions taken