Section 70 Weights and Measures report 2022 to 2023
Updated 21 September 2023
© Crown copyright 2023
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1 Introduction
Under Section 70 of the Weights & Measures Act 1985, Local Weights and Measures Authorities (LWMAs) in Great Britain have a statutory duty to report to the Secretary of State for Business and Trade the level of local Weights and Measures enforcement work conducted over a twelve-month period.
This report summarises data from 1st April 2022 to 31st March 2023 with comparisons made to the previous year. It outlines where the majority of activity has taken place and highlights the main concerns which have been raised, to assist with prioritisation of weights and measures regulatory activity.
The data can be used to give a picture of inspection and enforcement work in Great Britain.
The data cannot be used to compare different LWMAs due to differing resourcing and prioritisation policies between LWMAs.
1.1 Section 70 process
The information requested from LWMAs was:
1.1.1 Measuring compliance of weighing and measuring equipment
For the following equipment:
- liquid fuel dispensers (LFMI)
- liquid fuel tanker meter measuring systems (LFTMMS)
- weighbridges and scales >5t (Weighbridges)
- non-automatic weighing instruments <30kg (NAWI<30kg)
- non-automatic weighing instruments >30kg - <5t (NAWI>30kg<5T)
- automatic weighing instruments (AWI)
- intoxicating liquor measuring instruments (ILMI)
The following information was collected:
- number of pieces of equipment inspected
- number of pieces of equipment verified
- number found incorrect and 28 days’ notice issued
- number found incorrect and verification mark removed
- number resulting in prosecution or caution
- number found outside limit of error
Non-compliance of a weighing or measuring instrument could be the result of:
- the required conformity assessment procedures were not followed e.g. the instrument bears the incorrect conformity marks, or
- the essential requirements relating to risk are not met e.g. the measurement error is outside the permissible range
1.1.2 Measuring metrological compliance in transactions
For each of:
- packaging plants
- importers of packaged goods
- businesses selling bulk products by weight or volume
- retail outlets
- medical institutions
The following information was collected:
- number of businesses visited
- number of compliant businesses (on initial inspection)
- number of businesses Local Weights and Measures Authority assisted into compliance
1.1.3 Staffing
- number of inspectors of Weights and Measures
- number of full-time equivalents (FTE) staff engaged in Weights and Measures work
- number of staff registered and actively studying for the Charted Trading Standards Institute (CTSI) Legal Metrology module
1.1.4 Top concerns
- The top three areas of concern for a Local Weights and Measures Authority
1.2 Returns received
188 returns were received for the year 2022 to 2023, 100% of those requested. Since 2012 to 2013 the response rate has been 88% or higher, with the exception of 2018 to 2019 (145 out of a maximum of 202, 72%). Some LWMAs send combined returns, so the maximum requested can vary from year-to-year. To account for the fluctuation in return rate, averages or percentage rates have been used where possible. Notes on how the data has been analysed are available in Annex A.
1.3 Key points
1.3.1 Weights and measures activity
The overall number of inspections has largely increased in recent years following a decline during the COVID-19 pandemic. Conversely the number of inspectors active in legal metrology work has been relatively flat in recent years, but is lower than it was ten years ago.
1.3.2 Compliance of weighing and measuring equipment
The equipment with the highest rates of having the verification mark removed in 2022 to 2023 were Weighbridges and LFTMMSs, although of these only Weighbridges were included in the top three technical concerns reported by LWMAs.
1.3.3 Measuring metrological compliance in transactions
Between 2021 to 2022 and 2022 to 2023, the overall proportion of business compliant on first inspection increased by four percentage points (from 77% to 81%), and the proportion of businesses assisted into compliance decreased by six percentage points (from 22% to 16%).
2 Compliance of weighing and measuring equipment
2.1 Numbers of inspections
Figure 1. Numbers of equipment inspected each year (between 2017 to 2018 and 2022 to 2023)
Figure 1 shows that the number of inspections fell sharply in 2020 to 2021 and 2021 to 2022 due to the COVID-19 pandemic. Since then, there has been an increase, although levels are still below pre-pandemic numbers, except for LFMIs. NAWI>30kg<5Ts have seen the greatest change since 2017 to 2018 (-53%). The increase in inspections of NAWIs in 2018 to 2019 reflects the impact of a national project on supermarkets.
2.2 Outcomes of inspections
Figure 2 shows, from all reported non-compliance, the percentage of pieces of equipment that had 28 days’ notice issued. Figure 3 shows the percentage that had the verification mark removed. One piece of equipment may have more than one outcome. For example (noted in the guidance on the returns form), a piece of equipment may initially be subject to 28 days’ notice and subsequently have its verification mark removed if the problem is not rectified.
Figure 2. Percentage of equipment inspected which had 28 days’ notice issued (2021 to 2022 and 2022 to 2023)
LFTMMSs and NAWI>30kg<5Ts had a slightly higher rate than other types of equipment of 28 days’ notices being issued in 2022 to 2023, and AWIs had the largest change in notices between the two years. However, it should be noted that LFTMMs and AWIs are more susceptible to fluctuations due to small numbers of instruments inspected.
ILMIs saw the percentage of 28 days’ notices being issued increase, and the percentage of verification marks being removed fall in 2022 to 2023 (see also Figure 3).
Figure 3. Percentage of equipment inspected which had the verification mark removed (2021 to 2022 and 2022 to 2023)
Figure 3 shows that Weighbridges and LFTMMSs had the highest rate of verification marks being removed in 2022 to 2023; both around 5% of those inspected. However, it should be noted that LFTMMs and AWIs are more susceptible to fluctuations due to small numbers of instruments inspected.
There were 23 inspections resulting in prosecutions or cautions in 2022 to 2023 (19 for LFMIs, 2 for NAWI<30kgs, and 2 for ILMIs).
3 Measuring metrological compliance in transactions
Figure 4. Average number of businesses that were visited in a year across LWMAs (2021 to 2022 and 2022 to 2023)
Largely the same pattern of activity can be seen between the two years with retail outlets being the business visited the most frequently.
On average LWMAs visited 15 more retail outlets than the previous year, while importers of packaged goods and medical institutions were the least visited types of business for 2022 to 2023.
Figure 5 shows the total proportions of compliance for each business type, in 2021 to 2022 and 2022 to 2023. These are broken down into the proportion that were already compliant, and the proportion that were assisted into compliance (the lower section and upper section of each bar, respectively). The percentages may add up to more than 100% as it is possible that a business was assisted into compliance without being visited, for example via a phone call.
Rates of non-compliance (i.e. as a percentage of all businesses rather than of businesses visited) are not specifically requested on the Section 70 form. The figures below can indicate where non-compliance may be occurring, but it is not possible to infer exact non-compliance rates.
Figure 5. Business compliance (%) with proportion compliant without assistance and proportion assisted into compliance (2021 to 2022 and 2022 to 2023)
Medical institutions showed the lowest proportion of compliance in 2021 to 2022, at 94% overall and this had decreased to 82% in 2022 to 2023, but low numbers inspected will magnify any changes. There was a decrease in the proportion of compliance for all business types in 2022 to 2023 with the exception of businesses selling bulk products by weight or volume.
Between 2021 to 2022 and 2022 to 2023, the overall proportion of businesses compliant on first inspection increased by four percentage points (from 77% to 81%), and the proportion of businesses assisted into compliance decreased by six percentage points (from 22% to 16%).
A low level of compliance could reflect the intelligence-led model see footnote 1 that authorities are following. Businesses selling bulk by weight or volume and importers of packaged goods showed the highest proportion of compliance (around 100% see footnote 2 during 2022 to 2023. The high level of compliance found could be because of the intelligence-led model, or it could simply be due to the small number of businesses of this type visited. Retail outlets had the second lowest proportion of compliance, which does fit with top three concerns (see section 5), as NAWIs are likely to be the main type of equipment to be found in these businesses.
4 Staffing
Figure 6. Total number of local weights and measures inspectors, number of FTE and number studying the CTSI Legal Metrology Module (between 2012 to 2013 and 2022 to 2023)
In 2022 to 2023 there were 771 local weights and measures inspectors, equivalent to 198.1 FTEs. The overall trend shows a decrease in total numbers of inspectors (-26% since 2012 to 2013). There has also been a change in the number of FTE staff engaged in Weights and Measures work (-34% since 2012 to 2013). There has been a 91% increase in the number of officers studying for the CTSI Legal Metrology Module between 2012 to 2013 and 2022 to 2023, with the majority occurring since 2020 to 2021 (nearly trebling from 41.2 in 2020 to 2021 to 112.5 in 2022 to 2023). It should be noted that the dip in numbers in 2018 to 2019 is due to the lower response rate that year, meaning not all LWMAs were included in the total.
Whilst Figure 6 is useful for monitoring year-on-year trends, it may not account for differences in staffing between different types of LA. Table 1 has been included to reflect this difference.
Table 1. Average number of local weights and measures inspectors and FTE by LA type (between 2019 to 2020 and 2022 to 2023)
| Geography type | 2019-20 | 2020-21 | 2021-22 | 2022-23 |
|---|---|---|---|---|
| Scottish Unitary | 3.9 inspectors, 1.6 FTE | 3.8 inspectors, 1.7 FTE | 4.1 inspectors, 1.7 FTE | 4 inspectors, 1.6 FTE |
| Metropolitan districts | 3.4 inspectors, 0.7 FTE | 3.2 inspectors, 0.7 FTE | 3.3 inspectors, 0.5 FTE | 3.1 inspectors, 0.6 FTE |
| Unitary authorities | 3.7 inspectors, 0.9 FTE | 3.9 inspectors, 0.9 FTE | 3.6 inspectors, 0.9 FTE | 3.9 inspectors, 0.8 FTE |
| Welsh Unitary | 4.2 inspectors, 1.3 FTE | 4.2 inspectors, 1.3 FTE | 4.1 inspectors, 1.2 FTE | 3.9 inspectors, 1.1 FTE |
| County councils | 8.9 inspectors, 1.7 FTE | 9.7 inspectors, 2.1 FTE | 9.9 inspectors, 2 FTE | 8.8 inspectors, 1.6 FTE |
| London Borough | 1.8 inspectors, 0.5 FTE | 1.7 inspectors, 0.5 FTE | 2 inspectors, 0.7 FTE | 1.9 inspectors, 0.8 FTE |
On average most types of Local Authorities have seen little change in the numbers of Inspectors over the last four years. The exception is County councils which showed an increase in Inspectors (numbers and FTE) in 2020 to 2021 and 2021 to 2022, falling again in 2022 to 2023.
Staffing and resource is also covered in the section on ‘Top 3 concerns’ and Figure 6 and Table 1 may be useful in contextualising concerns raised in that section.
5 Top three concerns
In 2022 to 2023, 87% of returns provided information in this section. The 2022 to 2023 concerns are presented alongside the concerns reported in 2018 to 2019, 2020 to 2021 and 2021 to 2022 for comparison. The 2019 to 2020 return is excluded as it was requested alongside the 2020 to 2021 return and some LWMAs chose to report just one set of concerns. Not all concerns related specifically to pieces of equipment or inspections and so the most commonly raised concerns have been separated into strategic and technical concerns.
5.1 Top three strategic concerns
Table 2. Top three strategic concerns reported by LWMAs (between 2018 to 2019 and 2022 to 2023)
| 2018-19 | 2020-21 | 2021-22 | 2022-23 |
|---|---|---|---|
| Staffing concerns (30%) | Staffing concerns (24%) | Staffing concerns (59%) | Staffing concerns (59%) |
| Lack of funding and resources (21%) | Covid 19 (20%) | Legal Metrology not prioritised (57%) | Legal Metrology not prioritised (48%) |
| EU Exit (19%) | Legal Metrology not prioritised (9%) | Lack of targeting and intelligence (17%) | Lack of targeting and intelligence (21%) |
Comments were categorised as ‘staffing concerns’ wherever staffing was directly mentioned, or where words or phrases such as ‘lack of new inspectors coming into profession’ or ‘inspectors leaving the profession and succession planning’ were mentioned. It also includes concerns about competency of staff, including lack of training for new or existing officers.
‘Legal metrology not prioritised’ was mentioned both within the context of LWMAs and wider, including Central Government. Some returns mentioned ‘legal metrology not prioritised’, or ‘lack of funding and resources and budget pressures’ or ‘competing demands and priorities’, with staffing being implied, so the top concerns may have overlapping themes. Purchasing of new equipment and availability of facilities, particularly laboratory facilities due to budget cuts also featured as a concern for training and upskilling.
Market surveillance and limited intelligence in relation to metrology related risks across Great Britain featured highly again during 2022 to 2023. Finite resources to undertake legal metrology proactive work and few complaints received were cited as having led to a reduction in intelligence received on weights and measures contraventions. Some authorities felt that a national enforcement and targeting strategy led by intelligence on known harms and national issues would help address some concerns and resource pressures by ringfencing metrology work.
Other key concerns included the cost of living crisis (14%) and its potential impact on legal metrology work. The point was made that the cost of living increase on food, energy and fuel has put a spotlight on how legal metrology inspection and enforcement can ensure that consumers are getting what they are paying for and that traders are competing fairly.
The top strategic concern (staffing) has remained the same since 2018 to 2019.
5.2 Top three technical concerns
Table 3. Top three technical concerns reported by LWMAs (between 2018 to 2019 and 2022 to 2023)
| 2018-19 | 2020-21 | 2021-22 | 2022-23 |
|---|---|---|---|
| NAWI (25%) | NAWI (8%) | NAWI (14%) | NAWI (16%) |
| Weighbridges (16%) | Weighbridges (6%) | Weighbridges (12%) | Weighbridges (13%) |
| ILMI (12%) | ILMI (6%) | ILMI (10%) | ILMI (8%) |
Concerns for each of these categories were counted wherever the type of equipment was mentioned directly or indirectly. Some comments mentioned unstamped or unapproved equipment being used but did not specify what type of equipment apart from the odd mention of weighing equipment i.e scales/platform machines, liquid fuel dispensers or spirit measures.
The reporting of technical concerns (as opposed to strategic concerns) for 2022 to 2023 are very similar to those for 2021 to 2022 but show a decrease from 2018 to 2019, where NAWIs were mentioned in 25% of the reported concerns, and Weighbridges in 16% of the concerns. This is likely to be because proactive inspections and enforcement activity uptake is slowly restarting since 2020 to 2021, resourcing pressures mentioned in strategic concerns and reflects the impact of national project undertaken in 2018 to 2019 on supermarket NAWI.
6 Annexes
6.1 Annex A: Notes on the data
The full dataset of individual returns submitted by LWMAs is published alongside this report as open data.
Caution should be considered when comparing data in this report to previous years due to changes in the methodology and geographical definitions, as well as the effects of the COVID-19 pandemic.
Where proportions and percentages are used, the returns rate has potential to affect figures. Returns received may be reflective of areas with more resource and higher activity, which may skew data. Please note individual LWMA data submission anomalies can result in calculated percentages totalling more than 100%.
6.2 Annex B: Acronyms and initialisms
- AWI: Automatic Weighing Instrument
- CTSI: Chartered Trading Standards Institute
- FTE: Full-time equivalent
- ILMI: Intoxicating Liquor Measuring Instrument
- LFMI: Liquid Fuel Measuring Instrument
- LFTMMS: Liquid Fuel Tanker Meter Measuring System
- LWMA: Local Weights and Measures Authority
- NAWI: Non-automatic Weighing Instrument
- TSI: Trading Standards Institute
Responsible statistician: Deborah Lader
Enquiries: OPSSanalysis@businessandtrade.gov.uk
6.3 Footnotes
1: Trading Standards services follow an intelligence-led approach, where the decisions about enforcement activities are informed by the analysis of information from many sources, including complaints and a business’s previous history. Trading Standards officers can also carry out inspections of premises on a routine basis – for example, in accordance with an annual programme of inspections.
2: Figures may add to more than 100% due to small errors at individual LMWA level – see Annex A for more information