
1 
These Regulations may be cited as the 
Alcoholometers and Alcohol Hydrometers (EEC Requirements) Regulations 1977
 and shall come into operation on 25th November
1977.
2 

(1) In these Regulations:—
 “the Directive”
means 
Council Directive No.76/765/EEC on the approximation
of the laws of the Member States relating to alcoholometers and alcohol hydrometers;

 “inspector”
means a person authorised in writing by the Secretary
of State to be an inspector for the purposes of these Regulations;
 “manufacturer”, where more than one person is responsible for the manufacture of
an instrument, means the person responsible for the final stage of manufacture.

(2) The 
Interpretation Act 1889 shall apply for the
interpretation of these Regulations as it applies for the interpretation of
an Act of Parliament.
(3) These Regulations shall extend to Northern
Ireland.
3 
These Regulations apply to instruments of a category to which the
Directive applies, namely alcoholometers and alcohol hydrometers used to determine
the alcoholic strength of mixtures of water and ethanol.
4 

(1) The EEC signs and marks referred to in
these Regulations are the following signs and marks:—
(a) The sign of EEC pattern approval set
out in paragraph 1 of Schedule
1 to the Measuring Instruments (EEC
Requirements) Regulations 1975;
(b) The sign of EEC limited pattern approval
set out in paragraph 2 of the said Schedule 1
; and
(c) The mark of EEC initial verification
set out in the Schedule to these Regulations.
(2) In these Regulations, references to the
United Kingdom version of a sign or mark referred to in 
paragraph (1) above are references to the sign
or mark appropriate, in accordance with the provisions of the said 
Schedule 1, or the Schedule to these Regulations
(as the case may be), for an EEC pattern approval granted in, or an EEC initial
verification carried out in, the United Kingdom.
PART II
5 
Regulations
7 to 11 (which contain provision with respect to the grant,
extension and revocation of EEC pattern approval) of the 
Measuring Instruments (EEC Requirements) Regulations 1975,
and Schedule 2
to those Regulations (which regulates the conduct in the United Kingdom of
EEC pattern approval), shall so far as applicable apply in relation to the
pattern approval of instruments to which these Regulations apply as they apply
in relation to the pattern approval of instruments to which those Regulations
apply, with the following modifications:—
(a) in Regulation
7(1) the words “on payment of
such fee as may be prescribed by, or determined under, Regulations made under section 56 of the 
Finance Act 1973” shall not apply.

(b) in Regulation
7(2) the words “on payment of
such fee as may be prescribed or determined as aforesaid” shall
not apply.
6 

(1) Where an EEC pattern approval (whether
granted under these Regulations or by any member state other than the United
Kingdom) is in force in respect of any pattern of instrument, the manufacturer
shall cause the sign of EEC pattern approval, or where the pattern approval
is a limited pattern approval, the sign of EEC limited pattern approval, to
be affixed to instruments conforming to the approved pattern.
(2) Any sign affixed in accordance with this
Regulation shall be affixed at a visible point inside the instrument and must
be legible and indelible.
7 

(1) An application for consideration of any
instrument for EEC initial verification shall be made to the Secretary of
State in such manner as he may direct.
(2) The Secretary of State shall determine
whether an EEC pattern approval is in force in respect of the instrument and,
if so, whether it conforms to the approved pattern.
(3) Where the Secretary of State is satisfied—

(a) that the instrument conforms to the requirements
of the Directive; and
(b) that an EEC pattern approval is in force
in respect of the instrument and that the instrument conforms to the approved
pattern;he shall cause to be affixed to the instrument the United Kingdom
mark of EEC initial verification.
(4) If the Secretary of State refuses to
cause any EEC mark of initial verification to be affixed to an instrument
he shall give to the applicant a statement in writing of his reasons for the
refusal.
(5) A record of all tests and examinations
carried out under this Regulation shall be kept.
(6) Where an EEC pattern approval is subject
to a condition limiting the number of instruments which may be submitted for
initial verification by reference to the pattern in question, a person who
makes an application, or causes or permits the making of an application, which
if granted would contravene the condition, shall be guilty of an offence unless
it is shown that he did not know, and had no reason to believe, that it would
or might contravene the condition.
PART III
8 

(1) Where an EEC pattern approval is revoked,
whether under these Regulations or by any member state other than the United
Kingdom, any person who, knowing that the pattern approval has been revoked,
uses, or has in his possession for use, or causes or permits any other person
to use, an instrument of the pattern in question bearing any EEC sign or mark
related to that pattern approval, or disposes of any such instrument to any
other person in a state in which it could be used without informing that other
person of the revocation, shall be guilty of an offence and the instrument
shall be liable to be forfeited.
(2) Paragraph
(1) above does not apply if any such sign or
mark on the instrument has been obliterated under 
Regulation 10 below.
(3) For the purposes of this Regulation and 
Regulation 9 below, an EEC sign or mark shall
be regarded as related to a pattern approval if it is a sign framed by reference
to that pattern approval or a mark of EEC initial verification which was affixed
by reference to conformity to the pattern which was the subject of that pattern
approval.
(4) A certificate by the Secretary of State
stating that an EEC pattern approval granted by any member state other than
the United Kingdom has been revoked and thereby ceased to have effect on a
date specified shall be conclusive as to the matters certified in any proceedings
for an offence under this Regulation.
9 
Where an EEC pattern approval, whether granted
under these Regulations or by any member state other than the United Kingdom,
is not extended—
(a) these Regulations shall, in relation
to any instrument of the pattern in question which was used before the pattern
approval ceased to have effect, apply as if the pattern approval had continued
in force;
(b) the manufacturer of any instrument of
the pattern in question, bearing any EEC sign or mark related to that pattern
approval, which has not been used shall be guilty of an offence if, after
the pattern approval has ceased to have effect, he disposes of the instrument
to any other person, and the instrument shall be liable to be forfeited.
10 

(1) Where the Secretary of State is satisfied
that instruments constructed according to a pattern in respect of which an
EEC pattern approval granted by a member state other than the United Kingdom
is in force reveal in service a defect of a general nature which makes them
unsuitable for their intended use, he may issue a prohibition notice under
this Regulation with respect to instruments of that pattern.
(2) Regulation
8 above shall apply, with the necessary modifications,
so long as a prohibition notice issued under this Regulation is in force with
respect to instruments of any pattern, as it applies in a case where pattern
approval is revoked by the Secretary of State.
(3) A prohibition notice under this Regulation
shall give particulars of the pattern to which it relates.
(4) The Secretary of State may withdraw a
prohibition notice at any time.
(5) If the Secretary of State issues a prohibition
notice under this Regulation he shall give a statement in writing of his grounds
for doing so to any person appearing to him to be concerned.
(6) The Secretary of State shall cause to
be published—
(a) any prohibition notice issued under this
Regulation; and
(b) notice of withdrawal of any such prohibition
notice.
11 

(1) An inspector may obliterate any EEC sign
or mark if he is satisfied—
(a) that the instrument bearing the sign
or mark falls outside the relevant limits of error; or
(b) that the instrument does not comply in
any other respect with the requirements of the Directive.
(2) In paragraph
(1) above “the
relevant limits of error” means 
the maximum permissible errors laid down by 
section 8 of the Annex to the Directive.
(3) Without prejudice to 
paragraph (1) above, an inspector may, at the
request of any person appearing to him to be the owner of an instrument, obliterate
any EEC sign or mark on the instrument which is related to an EEC pattern
approval (whether granted under these Regulations or by any member state other
than the United Kingdom) which the inspector is satisfied has ceased to have
effect.
(4) Obliteration under this Regulation shall
be carried out in such manner as the Secretary of State may direct.
12 

(1) Subject to 
paragraph (2) below, any person who, in the
case of any instrument—
(a) not being a manufacturer authorised or
required to do so under any provision of these Regulations, or the duly authorised
agent of any such manufacturer, marks any such instrument with any EEC sign;
or
(b) forges, counterfeits or, except in accordance
with Regulation 11
above, in any way alters or defaces any EEC sign or mark; or
(c) makes any alteration in the instrument
after any EEC sign or mark has been applied to it in accordance with these
Regulations, so that it no longer complies with the requirements of the Directive;
shall be guilty of an offence.
(2) Any person who uses, sells or exposes
or offers for sale any instrument which to his knowledge—
(a) bears any EEC sign or mark which is a
forgery or counterfeit, or which has been transferred from another instrument,
or which has been altered or defaced otherwise than under 
Regulation 11 above or as permitted by virtue
of paragraph (1)
above; or
(b) does not comply with the requirements
of the Directive by reason of any alteration made in it after any EEC sign
or mark was applied to it in accordance with these Regulations.shall be guilty of an offence.
(3) Any instrument in respect of which an
offence under this Regulation was committed, and any implement used in the
commission of the offence, shall be liable to be forfeited.
13 

(1) Subject to the production if so requested
of his authority, an inspector may, at all reasonable times—
(a) inspect and test any instrument;
(b) enter any premises at which he has reasonable
cause to believe there to be any instrument, not being premises used only
as a private dwelling house.
(2) Subject to the production if so requested
of his authority, an inspector may at any time seize and detain any article
which he has reasonable cause to believe is liable to be forfeited under these
Regulations.
(3) If a justice of the peace, by information
on oath—
(a) is satisfied that there is reasonable
ground to believe that any such instrument or article as is mentioned in 
paragraph (1) or (2)
above is on any premises, or that any offence under these Regulations has
been, is being or is about to be committed on any premises; and
(b) is also satisfied either—
(i) that admission to the premises has been
refused, or a refusal is apprehended, and that notice of the intention to
apply for a warrant has been given to the occupier; or
(ii) that an application for admission, or
the giving of such a notice, would defeat the object of the entry, or that
the case is one of urgency, or that the premises are unoccupied or the occupier
temporarily absent;the justice may by warrant under his hand, which shall continue
in force for a period of one month, authorise and inspector to enter the premises,
if need be by force. In the application of this paragraph to Scotland, the
expression “a justice of the peace”
 shall be construed as including the
sheriff.
(4) An inspector entering any premises by
virtue of this Regulation may take with him such other persons and such equipment
as may appear to him necessary; and on leaving any premises which he has entered
by virtue of a warrant under paragraph (3)
above, being premises which are unoccupied or the occupier of which is temporarily
absent, he shall leave them as effectively secured against trespassers as
he found them.
(5) If any inspector or other person who
enters any work-place by virtue of this Regulation discloses to any person
any information obtained by him in the work-place with regard to any manufacturing
process or trade secret, he shall, unless the disclosure was made in the performance
of his duty, be guilty of an offence.
14 

(1) Any person who—
(a) wilfully obstructs an inspector acting
in the execution of any provision of these Regulations; or
(b) without reasonable cause fails to give
any inspector acting as aforesaid any assistance or information which the
inspector may reasonably require of him for the purposes of the performance
by the inspector of his functions under these Regulations;shall be guilty of an offence.
(2) If any person, in giving an inspector
any such information as is mentioned in paragraph
(1) above, gives any information which he knows
to be false, he shall be guilty of an offence.
15 

(1) Where an offence under any provision
of these Regulations which has been committed by a body corporate is proved
to have been committed with the consent or connivance of, or to be attributable
to any neglect on the part of any director, manager, secretary or other similar
officer of the body corporate, or any person who was purporting to act in
any such capacity, he as well as the body corporate shall be deemed to be
guilty of that offence and shall be liable to be proceeded against and punished
accordingly.
(2) Where the affairs of a body corporate
are managed by its members, paragraph (1)
above shall apply in relation to the acts and defaults of a member in connection
with his functions of management as if he were a director of the body corporate.

16 
Proceedings for any offence under these Regulations
shall not—
(a) in England and Wales, be instituted except
by or on behalf of the Secretary of State or the chief officer of police for
a police area; or
(b) in Northern Ireland be instituted except
by or on behalf of the Department of Commerce for Northern Ireland.
17 
Any person guilty of an offence under 
Regulation 12, 13
or 14(2) above shall be
liable on summary conviction to a fine not exceeding £200, and any person
guilty of an offence under any other provision of these Regulations shall
be liable on summary conviction to a fine not exceeding £50.
J.D. Fraser
Minister of State
Department of Prices and Consumer Protection
28th October 1977
THE SCHEDULE
Regulation 4
1 
The mark of EEC initial verification consists
of the following, in the order set out:—
(a) a small letter “e”;
(b) the last two digits of the year when
the examination to determine whether the mark should be applied is carried
out;
(c) the distinguishing capital letter of
the state where such examination is carried out (B for Belgium, DK for Denmark,
D for the Federal Republic of Germany, F for France, IR for Ireland, I for
Italy, L for Luxembourg, NL for the Netherlands and UK for the United Kingdom);
and
(d) if necessary, the identification number
of the verifying agent or office.
2 
In the case of a United Kingdom mark of EEC
initial verification, the identification number referred to in 
paragraph 1(d) above shall be the identification
number of the person carrying out the examination.
3 
The following is an example of the mark of EEC
initial verification, in the form appropriate for an EEC initial verification
carried out in the United Kingdom:
e 75 UK 99.