Metrology Act, 1996

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Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“container” means a container in which goods are exposed, packed, offered for sale or sold, including, in particular, a bag, case, carton, bottle, glass, box, can, envelope, net, sack or wrapper (whether or not such wrapper fully encloses its contents or portion of its contents are exposed);

“conformity assessment procedures” has the meaning assigned to it by section 14 ;

“the Director” means the holder of the office of Director of Legal Metrology established by section 7 ;

“the establishment day” has the meaning assigned to it by section 7 (2);

“Forfás” means the body established in that name by section 5 of the Industrial Development Act, 1993 ;

“Forbairt” means the agency established in that name by section 5 of the Industrial Development Act, 1993 ;

“functions” includes powers and duties;

“goods” means anything which is the subject of trade, manufacture or merchandise;

“inspector” means a person authorised or appointed under section 8 or section 9 to be an inspector for the purposes of this Act;

“instrument” means a measuring instrument in use for a prescribed purpose under this Act;

“the Legal Metrology Service” means the Service established under section 7 ;

“mark” or “marking”, unless otherwise stated in this Act, includes any inscription, stamp or label signifying conformity of an instrument, or otherwise, with this Act and the regulations made thereunder whether applied by impressing, casting, engraving, etching, branding or otherwise;

“the Minister” means the Minister for Enterprise and Employment;

“standard” is a material measure, measuring instrument, reference material or measuring system intended to define, realize, conserve or reproduce a unit or one or more values of a quantity to serve as a reference;

“prescribed” means prescribed by regulation under this Act;

“reference material” means a material or substance one or more of whose property values are sufficiently homogeneous and well established to be used for the calibration of an apparatus, the assessment of a measurement method or the assignment of values to materials, and a “certified reference material” is a reference material accompanied by a certificate pursuant to subsection (2);

“sell” includes agree or offer to sell or expose for sale whether by rent, lease or other agreement or invite an offer to buy and cognate words shall be construed accordingly;

“the Service” has the meaning assigned to it by section 7 ;

“SI System” has the meaning assigned to it by section 19 ;

“stamp” means a device used to apply a mark under this Act;

“traceability” is a property of the result of a measurement or the value of a standard whereby it can be related to stated references, usually national or international standards, through an unbroken chain of comparisons all having stated uncertainties;

“type approval” means the examination, including testing in accordance with international practices, and approval of a particular design of instrument to show that it is suitable for use for a prescribed purpose and is capable of achieving the accuracies required;

“unit verification” means the examination of an instrument, generally of a unique design and intended for a specific application, to establish that it satisfies legal metrological requirements;

“used for the purpose of trade” means any use in connection with or with a view to any contract, bargain, sale, dealing or transaction, the collection of tolls, taxes and duties, or the computation of salaries, wages or allowances which has been or has to be done, sold, delivered, carried or agreed by weight, number or other measure;

“user” means the person or organisation responsible for use of the instrument for the purposes of this Act;

“verification” means the examination of an instrument being generally of an approved type to establish that it conforms to that type and that it meets legal metrological requirements and includes re-verification.

(2) A reference material, one or more of whose property values are certified by a competent authority by a procedure which establishes traceability to an accurate realization of the unit in which the property values are expressed, and for which each certified value is accompanied by an uncertainty at a stated level of confidence, is in this Act referred to as a certified reference material.

(3) A reference in this Act to a Part, section or Schedule is to a Part, section or Schedule of this Act unless it is indicated that reference to some other Act is intended.

(4) A reference in this Act to any enactment shall be construed as a reference to that enactment as amended by any subsequent enactment.