Guidance for requirements of Section 70 Returns
Why is Information Requested?
Time bound Returns- We require that the s70 returns are completed and returned to NMO by the last
working day in June. This is to ensure that the data returned can be used to produce a report that is relevant
to the time period it refers to and can be used to request, justify and direct resources in an appropriate
manner. It is anticipated that the s70 report will be published prior to the Expert Metrology Panel autumn
meeting where the national project for the following financial year will be decided.
Number of full time equivalents (FTE) of staff engaged in Weights and Measures Work – This refers
to the actual amount of time spent on weights and a measure work and would be particularly relevant to part
time workers, and requires you to equate the hours they work to a full time equivalent (FTE). For example if
you have two individuals both working 50% of full time hours this equates to one FTE or if an individual spends
only 33% of his/her time on weights and measures work this would equate to a third of a FTE.
Measuring compliance of weighing and measuring equipment - This provides information about the
inspection of weighing and measuring equipment and its accuracy.
Details on the offence(s) committed - This information allows us to record all prosecutions or cautions.
Measuring metrological compliance in transactions - This information is requested to establish
inspection levels, in addition to the accuracy of the weighing equipment.
Number of businesses your local authority helped into compliance - this is designed to capture work
carried out by trading standards officers to assist with economic growth for which no financial charge is made
and that would have avoided any enforcement action being taken. It is anticipated that this will provide
evidence of the benefit to businesses of inspections being carried out. Also see what makes a business noncompliant under definitions in the frequently asked questions at the end of this guidance.
What are the top 3 areas of concern for your region -This should reflect inaccurate weighing or
measuring equipment that you have encountered over the last twelve months and should be supported by the
data supplied in the year’s Section 70 Returns.
Evidence to support items put forward as the top 3 areas of concern - This should show evidence of
inaccuracies found, i.e. instances of 28 days notice given, verification stamps removed or prosecutions.
Any other issues that you would like to report - This can include any concerns you have or changes you
would like to see made to the report i.e. Inclusion of detriment to consumer or business. Or concerns that you
suspect but have no supporting evidence, where these are included NMO can then compare your issues with
other trading standards authorities and carry out or direct fact finding investigations where appropriate.
Definitions
Business – apply the same definition as outlined in the business compliance measure. Include business where
they operate from a vehicle, but not when the vehicle is merely delivering goods which have been ordered,
even if payment is made on delivery. Coal hawkers, paraffin vendors and mobile shops, which regularly
operate within an authority’s area, will count as individual businesses.
Number of Businesses liable to Inspection - means those due for Inspection in the reporting year under
the current Weights and Measures risk matrix (see Section 70 Report Chapter 7). It will include all business
selling goods by weight, number or volume classed as High Risk and those in lower categories due for a visit
during the reporting year. The risk assessment referred to is not one done specifically for this component, but
done under the scheme in general.
Types of Business – This table is designed to determine metrological compliance in respect of goods sold by
weight, number or volume.
Each business should be counted under only one of the categories below. The purpose of the measure is to
determine metrological compliance of a business in relation to goods sold by weight, number or volume. A
business will only be counted as ‘compliant’ in the third column if you are not aware of any metrological noncompliance in relation to such goods at the reporting year end. For example if a packaging plant is visited and
non compliance is found that business can only be recorded as compliant if a revisit determines it is so
compliant. A ‘business’ is an individual outlet. Therefore each separate premise of a chain store can be
recorded and a chain store that has a petrol station can be regarded as two separate premises. In this case the
store would be a ‘Retail Outlet’ and the petrol station a ‘Business selling bulk products by weight/volume. A
bakery within a retail store will also be counted as a separate premise.
As the table is only concerned with a significant metrological risk some items will be excluded. For example
when assessing metrological risk at a supermarket tinned goods and most goods packed elsewhere, though
sold by weight are excluded. These will have been caught elsewhere under the category ‘Packaging Plants’ or
‘Importers of Packaged Goods’. However items such as eggs and fresh foods pre-packed on the premises or
elsewhere should be included.
Packaging Plants – Include here large packers, small packers and other premises previously considered
under this heading for completing s70 returns. A small baker would be classed as a ‘Retail Outlet’ unless baking
was carried out for sale in other business premises in which case it would come into the definition of a
‘Packaging Plant’.
Importers of Packaged Goods – For example a wine importer, retail outlets are not classed as importers of
packaged goods. Goods will be tested at a wholesale level.
Business selling bulk products by weight/volume – Those who sell majority of items in bulk so more
bulky products like aggregate rather than pet shops/fruit and vegetable shops. For example Coal Merchants,
Builders Merchants selling bulk sand ballast etc and oil tankers. In the case of oil tankers a fleet of tankers
under the same logo is counted as ten businesses. If 10 tankers of a business were tested and one found to be
delivering short measure, the nine businesses are counted a compliant. The tenth could be recorded as
compliant if it were re-tested and found to be compliant before the end of the recording year.
Retail Outlets – Any business which sells goods directly to the consumer is a retail outlet, it does not relate to
food standards agency MAFF codes.
Include pubs, cafes, restaurants, petrol forecourts, supermarkets, hardware stores and large DIY stores. If bulk
products are sold and compliance is tested this should not also be recorded in the category ‘Businesses selling
bulk products by weight/volume’.
Frequently asked questions
Does the “number of pieces of equipment” have to be exact? – we ask for an actual or estimated
number of pieces of equipment for every category of weights and measures equipment in each local weights
and measure authority region to build a picture of the amount of equipment in the UK. Please enter as
accurate a number as possible but we accept that an estimate is sometimes most appropriate.
What defines “number inspected”? – The number inspected is the total number of pieces of equipment
which somebody has examined rather than verified.
Does it matter that some data is entered twice? – No, a certain amount of double counting will be
unavoidable. For example, if one piece of equipment was inspected and found incorrect so initially subject to a
28 day notice then the problem was not rectified it may have had a verification mark removed. For this case
the table should be filled in as follows:
Number inspected
1
Number found incorrect and 28
days notice issued
1
Number found incorrect and
verification mark removed
1
What is meant by “number of businessess liable for inspection”, are these businessess liable for the
year per category, or total number of businessess per category? – It is the total number of businessess
per category.
What makes a buisness non compliant? – A non-compliant business is one which has had a major nonconformity which has not been put right within the year. If a business has been brought back to conformity
they should be listed as a conforming buisness.
Which businesses fit into which category? – As an example jams/chutneys would fit into the packaging
plant category. We appreciate all of the information given to us and if you are unsure or businesses could go in
either column you cna put them where you feel most appropriate.
Please note that the data returned to us will be fed into an updated version of the weights and measure
national risk matrix and may be made available to view via the NMO website.
If you have any further queries please contact section70returns@nmo.gov.uk