Guidance

Measuring instruments regulations and non-automatic weighing instruments regulations

Updated 8 August 2025

Guidance on enforcement actions and associated rights

Measuring Instruments Regulations 2016

Non-Automatic Weighing Instruments Regulations 2016

August 2025

OPSS enforces the above legislation. This guidance, which sits alongside our Enforcement Policy, explains the enforcement powers that are available to OPSS when addressing non-compliance with the legislation and product risks.

Information on the requirements of the legislation, and complying with these, is also available:

• Read about the Measuring Instruments Regulations 2016.
• Read about the Non-Automatic Weighing Instruments Regulations 2016.

1) Introduction

1.1 The Office for Product Safety and Standards (OPSS) is part of the Department for Business and Trade and enforces a range of regulations on behalf of the Secretary of State. Our primary purpose is to protect people and places from product-related harm, ensuring consumers and businesses can buy and sell products with confidence.

Read about our approach to delivering regulation.

1.2 The regulations enforced by OPSS include the following (referred to collectively in this guidance as ‘the Regulations’): ^{[footnote 1]}

• the Measuring Instruments Regulations 2016
• the Non-automatic Weighing Instruments Regulations 2016

References in this guidance to ‘OPSS’ refer to OPSS acting as the Secretary of State for the purpose of these regulations.

1.3 This enforcement guidance should be read alongside our Enforcement Policy. Our Enforcement Policy explains our approach to addressing non-compliance, providing a framework for our decision-making and helping those affected by our enforcement activities to understand how and why decisions are made, while this guidance explains the specific powers that are available to OPSS, when addressing non-compliance under the Regulations and product risks.

1.4 This document sets out the actions that OPSS can take in respect of manufacturers, authorised representatives, importers or distributors (referred to in this guidance as ‘businesses’). It does not aim to explain:

a) OPSS’ approach to holding conformity assessment bodies to account under the Regulations

b) the enforcement actions that are available to other authorities with enforcement responsibilities under the Regulations ^{[footnote 2]}

c) the enforcement actions that are available to weights and measures authorities, including in respect of equipment in use for trade ^{[footnote 3]}

1.5 The guidance explains the following actions that are available to OPSS under the Regulations:

a) Issuing of a Direction to a business by OPSS, requiring action to be taken (see section 2)

b) Imposition of a Monetary Penalty on a business by OPSS, requiring payment of a financial penalty (see section 3)

c) Service of a Compliance Notice on a business by OPSS, requiring remedial action to be taken, and in some cases service of an Enforcement Notice (see section 4)

d) Application for a court order in relation to non-compliance with an Information Notice (see section 5)

1.6 This document does not set out our approach to prosecution, which is covered in our Enforcement Policy. OPSS is able to prosecute ^{[footnote 4]} in relation to offences under the Regulations, including:

a) as an alternative to a Direction or Compliance Notice, for certain breaches

b) where a business has failed to comply with an Enforcement Notice

1.7 Use of the various actions that are available to OPSS is determined on the facts of the individual case, in line with our Enforcement Policy. We undertake proportionate action(s) with the aim of preventing or mitigating the risk of harm and/ or changing business behaviour, including through the use of sanctions.

1.8 Manufacturers, importers and distributors of a weighing or measuring instrument in scope of the Regulations (‘an instrument’) are under a duty to take immediate action, where they believe that the instrument is not in conformity with the requirements of the Regulations, to bring the instrument into conformity, to withdraw it from the market, or to recall it from end-users, as appropriate.

1.9 Further guidance to support businesses in preparing for and implementing effective product recalls and other corrective actions is available. While the guidance is focussed on product safety, much of the content is of relevance:

Download PAS 7100:2022: Code of practice on product recall and other corrective actions – BSI website

1.10 Manufacturers, importers and distributors are also required, where the instrument presents a risk, to notify OPSS as the relevant authority. Notifications to OPSS should be made to opss.enquiries@businessandtrade.gov.uk and should include the following information:

a) full details of how the instrument is not in conformity

b) details of any corrective measures taken

Read more information on how to notify the Market Surveillance Authority.

1.11 OPSS will take account of compliance with duties to take action in response to a compliance failure and with notification requirements in determining whether it is appropriate for it to take enforcement action and what that enforcement action should be, as set out in its Enforcement Policy.

1.12 This guidance also explains the statutory rights that are set out in the Regulations to make representations in respect of enforcement action that OPSS is proposing to take, or to appeal enforcement action that we have taken.

1.13 Where you do not have statutory rights to make representations or appeal, you can challenge our advice, actions or decisions by using our challenge process.

Read our Challenges and Appeals Guidance.

1.14 If you have a concern about our approach, or the behaviour of our staff, please send us your comments or complaint. Our complaints processes are explained in our Complaints Procedure.

Read our Complaints Procedure.

2) Directions

2.1 A Direction is a written instruction issued by OPSS, that requires a business, within a specified period, to take appropriate corrective action; to withdraw an instrument from the market; or to recall it from end-users.

2.2 A Direction is issued where OPSS, having carried out an evaluation of an instrument against the requirements of the Regulations, finds that the instrument does not comply with applicable essential requirements, or that it otherwise presents a risk.

2.3 Where OPSS issues a Direction in respect of an instrument that does not comply with applicable essential requirements, it will inform the relevant conformity assessment body of the non-compliance and the actions that the business has been required to take.

2.4 OPSS will take any failure to complete the specified actions in a Direction satisfactorily within the specified timeframe seriously and will consider imposing a Monetary Penalty (see section 3).

2.5 Where a business fails to take adequate corrective action, within a reasonable period, in respect of an instrument that presents a risk, OPSS will take any actions available to it to mitigate that risk. For example, by prohibiting or restricting the instrument being made available on the market or by recalling products from end-users.

2.6 OPSS publishes details of any Direction that we issue, in line with our Enforcement Policy. The published details may be updated to indicate where OPSS has subsequently determined that the requirements of the Direction have been met.

3) Monetary Penalty

3.1 A Monetary Penalty is a financial penalty that OPSS can impose without recourse to the criminal courts. Penalties are payable to the Consolidated Fund and are not retained by OPSS.

3.2 A Monetary Penalty may be imposed where a business:

a) fails to comply with a Direction (see section 2)

b) fails to identify to OPSS, on request, any business who has supplied them with a regulated instrument or any business to whom they have supplied a regulated instrument during the previous ten years

3.3 OPSS will take any failure to pay a Monetary Penalty seriously and can pursue the unpaid penalty (and any unpaid interest that has accrued on the unpaid penalty) as a debt in the relevant civil court. ^{[footnote 5]}

3.4 Before imposing a Monetary Penalty OPSS will issue you with a notice indicating our intention and setting out the grounds for the proposed penalty and the amount to be paid (see Penalty Amount). Where we issue a Notice of Intent, you are entitled to make written representations to us in relation to the proposed Monetary Penalty. You must do this within the period specified in the Notice of Intent, which will usually be 28 days from the day on which the notice is received. This allows you to raise any concerns in relation to the proposed penalty.

3.5 Once the period for making representations has expired, OPSS will take account of any written representations and make a decision. Where we decide not to impose the proposed penalty we will notify you of our decision. Where we decide to vary or confirm the proposed penalty, you will be issued a notice setting out the amount to be paid; how payment may be made; and the period within which payment must be made, which will usually be 28 days from the date of the notice but may be longer where we consider this appropriate (see Right to Appeal to the First Tier Tribunal).

3.6 OPSS publishes details of any Monetary Penalty that we impose, in line with our Enforcement Policy. The published details may be updated to indicate whether the penalty has been paid.

Penalty amount

3.7 The regulations specify that the penalty imposed will not exceed £50,000. In line with its Enforcement Policy, OPSS will usually set a starting point for its calculation of the penalty that takes account of the potential or actual harm associated with the breach; culpability factors; and position in the market. It will then take account of any relevant mitigating or aggravating factors that it is aware of, or that are brought to its attention, in order to determine the level of the penalty.

3.8 The mitigating and aggravating factors that OPSS may consider include:

a. prompt and full disclosure in relation to the non-compliance

b. any known practical or technical reasons for continuing non-compliance

c. any early action to remedy the non-compliance or its effects

d. any restorative or restitutional action taken

e. the compliance history of the person

f. the period of the non-compliance

g. a co-operative approach in dealing with OPSS

h. any evidence of general commitment to compliance and to acceptance of responsibility for non-compliance and its effects

i. any financial gain attributable to the non-compliance

Right to appeal to the First Tier Tribunal

3.9 Where OPSS decides to impose a Monetary Penalty you are entitled to appeal against our decision to the First-tier Tribunal on the grounds set out in the Regulations:

• the Non-automatic Weighing Instruments Regulations 2016, Schedule 5, paragraph 3
• the Measuring Instruments Regulations 2016, Schedule 7, paragraph 3

The appeal may relate to our decision to impose a penalty or the amount of the penalty. We will set out your rights when we inform you of our decision.

3.10 You must exercise your right to appeal within 28 days of receiving a Monetary Penalty notice.

3.11 Where you exercise your right to appeal, the penalty is suspended until the outcome of the appeal is reached.

3.12 The Tribunal may:

• withdraw, confirm or vary the penalty, or
• remit the decision whether to confirm the penalty, or any matter relating to it, back to OPSS.

3.13 To exercise your right to appeal, use the Notice of Appeal (General Regulatory Chamber) (Form GRC1).

Access form GRC1 and guidance on completing it.

Read further information on the General Regulatory Chamber.

4) Compliance Notices

4.1 A Compliance Notice is a written notice, served by OPSS, which requires a business to take remedial action, within a specific period, which will be no less than 21 days from the date of notice.

4.2 OPSS is able to serve a Compliance Notice, where it has reasonable grounds for considering that one or more of the following breaches applies in relation to an instrument that has been placed on the market or put into use:

• the Non-Automatic Weighing Instruments Regulations 2016, regulation 63(1)(a) – 63(1)(g).
• the Measuring Instruments Regulations 2016, regulation 68(1)(a) – 68(1)(g)

4.3 OPSS will take any failure to complete the actions specified in a Compliance Notice satisfactorily within the specified period seriously and will consider serving an Enforcement Notice (see section 5). Where OPSS considers that the relevant conformity assessment body should give consideration as to whether to withdraw a certificate or notification it has granted, OPSS will inform the conformity assessment body.

4.4 OPSS is likely to serve a Compliance Notice in response to continuing non-compliance, where we consider that advice or guidance alone is not an appropriate response, or as an escalating response where advice or guidance have not delivered the required improvements. A Compliance Notice may be considered appropriate, for example, to require a business to take steps to:

a) affix markings with the required information

b) improve their conformity assessment processes to ensure compliance

4.5 OPSS publishes details of any Compliance Notice that we serve, in line with our Enforcement Policy. The published details may be updated to indicate where OPSS has subsequently determined that the requirements of the notice have been met.

Enforcement notices

4.6 OPSS may serve an Enforcement Notice where it has reasonable grounds for considering that a business has failed to comply with a Compliance Notice.

4.7 An Enforcement Notice will specify the steps the business must take to comply with the Compliance Notice. It may also require that if these steps are not taken within the specified period (which will be no less than 21 days from the date of the notice) then:

a) the product is to be withdrawn from the market, and / or

b) the placing of the product on the market or making available on the market is to be prohibited or restricted

4.8 OPSS will take any failure to comply with an Enforcement Notice seriously and will consider prosecution (see section 1.6).

4.9 OPSS publishes details of any Enforcement Notice that we serve, in line with our Enforcement Policy. The published details may be updated to indicate where OPSS has subsequently determined that the requirements of the notice have been met

5) Court Orders relating to an Information Notice

5.1 OPSS has investigative powers under Schedule 5 of the Consumer Rights Act 2015, as a domestic enforcer, when enforcing the provisions of the Regulations. This includes a power to serve an Information Notice requiring the production of specified information, for the purpose of ascertaining whether there has been a breach of the Regulations.

5.2 Where a person on whom an Information Notice has been served fails to comply with it, OPSS may apply to the appropriate court to enforce the notice (see Enforcement of Information Notice). Where OPSS considers that the person has failed to comply with the notice without reasonable excuse, OPSS is able to apply to the appropriate court to require payment of a monetary penalty (see Monetary Penalty Order). OPSS may choose to apply to the court for a Monetary Penalty Order in addition to or instead of an application to the court to enforce the Information Notice.

5.3 Where OPSS applies to the court to enforce an Information Notice, or to require payment of a monetary penalty, OPSS will give notice of its application to the person on whom the Information Notice was served.

5.4 The court may, when it makes an order enforcing the Information Notice, or a Monetary Penalty Order, require the person to meet OPSS’ costs or expenses in applying for the order. In doing so, the court may require the costs or expenses to be met by an official of a company, partnership or unincorporated association, where that official is responsible for the failure to comply with the Information Notice.

Enforcement of Information Notice

5.5 Where the court finds that the recipient of an Information Notice has failed to comply with the notice, it may make an order requiring the person to do anything that the court considers reasonable, for any purpose for which the notice was given, to ensure that the notice is complied with.

Monetary Penalty Order

5.6 Where the court finds that the recipient of an Information Notice has, without reasonable excuse, failed to comply with the notice, it may make an order requiring the person to pay a penalty to OPSS. Such penalties are payable to the relevant Consolidated Fund and are not retained by OPSS.

5.7 The penalty must be one of the following:

a) a fixed amount, in which case the penalty may not exceed the greater of £30,000 or 1% of the total value of the turnover (if any) of the person

b) an amount calculated by reference to a daily rate (‘a daily amount’), in which case the penalty may not exceed the greater of £15,000 or 5% of the total value of the daily turnover (if any) of the person

c) a combination of a fixed amount and a daily amount, in which case the penalty may not exceed the amounts sets out at (a) and (b)

5.8 Where the court requires a person to pay a monetary penalty, the person is entitled to apply to the court, within 14 days of the date the Order was served on them, to vary the date(s) by which payment is required. The person is entitled to appeal to the court in respect of the amount of the penalty, in addition to any right of appeal on a point of law.

5.9 OPSS publishes details of any relevant Monetary Penalty Order, in line with our Enforcement Policy. The published details may be updated to indicate whether the penalty, or any element of the penalty, has been paid.

6) Footnotes

1. References in this guidance to legislation should be taken to refer, where applicable, to that legislation as amended. Where legislation is in scope of the Windsor Framework, references to the legislation should be taken to refer to that legislation as applicable in Great Britain and/ or as applicable in Northern Ireland, depending on where non-compliance arises. Legislation that is described as being in scope of the Windsor Framework is the EU legislation listed in Annex 2 to The Protocol of Ireland and Northern Ireland. ↩

2. For information on other enforcement authorities with enforcement responsibilities under the Regulations, read guidance on the Measuring Instruments Regulations 2016 and Non-Automatic Weighing Instruments Regulations 2016. ↩

3. Local weights and measures authorities in Great Britain have powers under the Weights and Measures Act 1985. The Department for the Economy in Northern Ireland has powers under the Weights and Measures (Northern Ireland) Order 1981. ↩

4. In relation to an offence in Scotland or Northern Ireland, OPSS would refer the case to the Procurator Fiscal or the Public Prosecution Service respectively. ↩

5. Where all or part of the monetary penalty is unpaid by the required time, the unpaid portion of the penalty carries interest at the rate specified in Section 17 of the Judgments Act 1838 and does not also carry interest as a judgement debt under that section. The total amount of interest imposed will not exceed the amount of the penalty. ↩