STATUTORY INSTRUMENTS

SUPPLEMENT No. 21                                                                               10th August, 2007

STATUTORY INSTRUMENTS SUPPLEMENT

to The Uganda Gazette No. 41 Volume C dated 10th August, 2007 Printed by UPPC, Entebbe, by Order of the Government.

STATUTORY INSTRUMENTS 2007 No. 37.

THE Weights and Measures (Repair of Weighing and Measuring Equipment) Rules, 2007.

ARRANGEMENT OF RULES.

Rule

1. Title
2. Interpretation
3. Application for a repair licence
4. Repairing equipment without a licence prohibited
5. Fees for licence and duration of licence
6. Display of licence
7. Renewal of licence
8. Refusal and cancellation of licence
9. Executive Director to inform repairer of impending cancellation
10. Restoration of licence
11. Temporary repair licence
12. Registration as trainee
13. Flattening of verification stamp
14. Improper installations or repairs
15. Testing and stamping
16. Irreparable equipment
17. Records
18. Claim receipts
19. Test weight, equipment and test standards
20. Control of repairers at centers

Rule

21. Offences
22. Penalties
23. Fees generally
24. Revocation of S.I. No.103-34

SCHEDULES

Schedule 1—Application for licence

Schedule 2—Certificate of competence

Schedule 3—Measuring and weighing equipment licence

Schedule 4—Weighing and measuring equipment classification

Schedule 5—Temporary weighing/ measuring equipment repair licence

Schedule 6—Certificate of repair/ servicing or installation of weighing equipment in site

Schedule 7—Weighing equipment which can not be repaired

Schedule 8—Fees generally

Schedule 9—Trainee registration certificate.

STATUTORY INSTRUMENTS 2007 No. 37.

The Weights and Measures (Repair of Weighing and Measuring Equipment) Rules, 2007.

(Under sections 22, 33 and 43 of the Weights and Measures Act, Cap103)

In exercise of the powers conferred on the Minister responsible for trade by sections 22, 33 and 43 of the Weights and Measures Act, these Rules are made this 5th day of July, 2007.

1. Title.

These Rules may be cited as the Weights and Measures (Repair of Weighing and Measuring Equipment) Rules, 2007.

2. Interpretation.

In these Rules, unless the context otherwise requires—

“Act” means the Weights and Measures Act;

“council” means the National Standards Council established under section 4 of the Uganda National Bureau of Standards Act;

“examiner” has the meaning assigned to it under the Act;

“inspector” has the meaning assigned to it under the Act;

“repair” means any operation which is likely to affect the accuracy of a

weighing equipment and includes overhauling but does not include balancing or servicing;

“servicing” means working on a weighing equipment which is correct and in a manner which is not likely to affect the accuracy of the equipment.

3. Application for a repair licence.

1. A person who intends to operate a repair workshop shall apply to the Executive Director for a licence in the Form specified in Schedule 1.
2. The Executive Director shall before granting a licence ensure that the person referred to in subrule (1) has—

1. available for his or her use, the necessary tools, instruments,

machinery and equipment for the repairs or overhauling;

2. sufficient—

1. mechanical knowledge and skill to enable him or her to

repair weighing or measuring equipment;

2. training to enable him or her pass examinations set and

verified by an inspector; and

3. working knowledge of rules to enable him or her to carry

out repairs of weighing and measuring equipments

under these Rules.

3. For the purposes of sub rule (1) (b) and upon payment of the examination fees, the Executive Director shall arrange for the examination of the applicant for a licence.
4. The Executive Director shall issue to the applicant, upon passing the examination referred to in sub rule (3), a certificate of competence specified in Schedule 2.

4. Repairing equipment without a licence prohibited.

1. A person shall not engage in the conversion, repair or overhaul of any weighing or measuring equipment used or intended to be used for trade without obtaining a weighing and measuring equipment repair licence in respect of that particular type of weighing or measuring equipment.
2. The holding of a repair licence shall not exempt any person from holding any other licence required under any other law.
3. This Rule shall not apply to any person repairing his or her own weighing or measuring equipment with the written permission of an inspector or to any trainee who has been registered as such by an inspector and who is working under the direct supervision of a licenced repairer.
4. Where a person is registered as a trainee under a licenced repairer, the repairer shall be held responsible for all acts and omissions of the trainee committed in the execution of his or her work.
5. A person who contravenes sub rule (1) commits an offence.

5. Fees for licence and duration of licence.

1. The licence fees payable by an applicant for a repair licence shall be in accordance with the class of the licence specified in Schedule 4.
2. A licence shall be valid from the date of issue until 31st December of the year in which it was issued.
3. A repairer licenced for a particular class shall only repair weighing or measuring equipment of the class as prescribed in Schedule 4.
4. A person who contravenes sub rule (4) commits an offence.

6. Display of licence.

A holder of a repair licence shall display the licence prominently on his or her premises and shall produce it to an inspector whenever the inspector requires him to do so.

7. Renewal of licence.

1. The Executive Director may on application by a repairer renew a licence upon payment of the prescribed fees.
2. Where an applicant intends to extend his or her repair licence to include a new class, he or she shall apply for the extension, on payment of the prescribed fees and shall be examined for the new class.

8. Refusal and cancellation of licence.

The Executive Director may refuse to grant or renew a repair licence on the grounds that the applicant or holder of the licence does not have sufficient facilities and workshop equipment for the proper discharge of his or her duties or that he or she is incompetent, dishonest or contravenes rules, orders and instructions issued by the Executive Director for the proper control of the repair service.

9. Executive Director to inform repairer of impending

cancellation.

1. Where the Executive Director intends to refuse the grant or renewal of a repair licence or to suspend or cancel the repair licence, he or she shall communicate his or her intention to the applicant or licence holder and call upon him or her to make representations, if any, in support of the application or licence to the Executive Director within thirty days from the receipt of the communication.
2. Where representations have been made under sub-rule (1) and the Executive Director is of the opinion that no case has been made by the applicant or licence holder, he or she shall communicate the decision to the person concerned and shall refer the matter, with his or her recommendations, to the Minister for a decision and the Minister’s decision shall be final.
3. On the approval of the recommendations referred to in sub-rule

2. by the Minister or in the absence of any representations within the prescribed period, the Executive Director may suspend, or cancel or refuse the renewal of the repair licence as the case may be.

10. Restoration of licence.

1. A repairer whose licence has been suspended or cancelled may after two years from the date of suspension or cancellation apply to the Executive Director to have his or her licence restored.
2. Where the Executive Director refuses to restore a licence, the repairer concerned may appeal to the Council whose decision shall be final.

11. Temporary repair licence.

1. A repairer who is licenced outside Uganda and wishes to undertake repair work in Uganda shall apply for a temporary licence which shall be issued on a monthly basis, upon payment of the prescribed fees.
2. The Form for the temporary licence referred to in subrule (1) shall be in Schedule 5.

12. Registration as trainee.

1. Any person who applies for registration as a trainee under any licenced repairer shall submit to the Executive Director documentary proof from that repairer that he or she has been admitted as a trainee.
2. The Executive Director may issue to the applicant a registration certificate upon payment of the fee specified in Schedule 8.
3. A registration certificate issued under sub rule (2) shall be in the Form specified in Schedule 9 and shall be valid from the date of issue until 31st December of the year in which it is issued.

13. Flattening of verification stamp.

A repairer shall not repair, adjust or overhaul any weighing or measuring equipment unless he or she has flattened out the stamp of verification if any, on the equipment.

14. Improper installations or repairs.

A person shall not install, alter or repair any weighing or measuring equipment in a manner which is not conducive to the accuracy of the equipment or in a manner likely to facilitate commission of fraud.

15. Testing and stamping.

1. A person, who converts, repairs, adjusts or overhauls a weighing or measuring equipment on the premises of his or her workshop shall submit the equipment to an inspector for testing and stamping and after that, the inspector shall hand the equipment back to that person.
2. A person who installs, converts, repairs, services or overhauls weighing or measuring equipment on trade premises and the equipment, being permanently fixed, cannot be submitted to an inspector’s office for testing, he or she shall, within seven days from the date of completion of the work notify the inspector, in the Form in Schedule 6, of the installation, conversion, repair, service or overhaul.

16. Irreparable equipment.

Where a weighing or measuring equipment submitted to a repairer cannot be repaired, the repairer shall hand the equipment back to the owner with a notice to that effect in the Form in Schedule 7 and shall forward a copy of the notice to an inspector.

17. Records.

1. A repairer shall keep a record for at least two years, of every equipment brought to him or her for repair, showing the names and full address of the owner, identity or description of the equipment, the date it was brought, nature of repair required, estimated cost of repair, the date it is to be collected, the date of testing or stamping by the inspector, and the date it is handed over to the owner.
2. The records kept under this rule shall be produced whenever an inspector requires them to be produced.

18. Claim receipts.

1. A repairer shall issue a claim receipt to every person who hands in weighing or measuring equipment for conversion, repair, adjusting, servicing or overhauling.
2. A claim receipt issued under sub rule (1) shall bear the—

1. name, postal address and the location of the place of business of

the repairer or company of the repairer; and

2. name and address of the owner, identity or description of the

equipment, the date it is brought, nature of work required, estimated cost, and expected date of collection.

19. Test weight, equipment and test standards.

A repairer shall submit test weights to an inspector at least once every twelve months for testing, adjusting, and date marking or sealing.

20. Control of repairers at centres.

1. An inspector in-charge of a verification centre set up by the Executive Director under section 16 of the Act may order any scale repairer attending that centre to leave the centre if the repairer is conducting his or her business in an unfair manner or if he or she is behaving in a disorderly manner or in a manner that is not conducive to the smooth running of the centre.
2. Any repairer who is ordered to leave the centre under sub-rule

1. shall not carry out any repair of weighing or measuring equipment within a radius of less than 250 metres from the centre.

3. An inspector shall verify every repair workshop or company every year for compliance before a licence is issued to that company or workshop.
4. An inspector shall inspect and verify—

1. premises on which weights and measures are sold or stored;
2. premises on which weights and measures are kept for hire; and
3. premises on which weights and measures are assembled

manufactured, sprayed, branded or etched.

5. For the purposes of this rule, the Executive Director shall establish a committee responsible for workshop inspection and verification.

3. Any repairer who contravenes this rule commits an offence.

21. Offences.

A person who secures or attempts to secure the application of a verification stamp on a weighing or measuring equipment which has not been passed by an inspector or examiner as fit for use for trade commits an offence.

22. Penalties.

Any person who commits an offence under these Rules is liable to a fine not exceeding three thousand shillings or to a term of imprisonment not exceeding three months or both such fine and imprisonment.

23. Fees payable under these Rules.

1. The fees to be charged under these rules shall be specified in Schedule 8.
2. A repairer who submits to an inspector a repaired weighing or measuring instrument which is not initially verified shall pay a fee in respect of the equipment specified in Schedule 8 of these Rules in addition to the fees specified in the Fourth Schedule of the Weights and Measures (Testing and Stamping) Fees Rules, 2005.

24. Revocation of S.I. No. 103-34.

The Weights and Measures (Repair of Weighing Equipment) Rules are revoked.

SCHEDULE 1

UGANDA NATIONAL BUREAU OF STANDARDS APPLICATION FOR REPAIR LICENCE PART I: COMPANY DATA

Name of company:

Registration address (as in URA-PIN, VAT No. if any)

Name ot applicant to be licenced

Tel. No.

Workshop Address:

Highest formal education attained (attach relevant copies of testimonials and

certificates)