Official Statistics

Section 70 Weights and Measures report 2023 to 2024

Updated 25 September 2024

1 Introduction

Under Section 70 of the Weights and 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 1 April 2023 to 31 March 2024 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 equivalent (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

189 returns were received for the year 2023 to 2024, 100% of those requested. Since 2012 to 2013 the response rate has been 88% or higher, except for 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 section 6.1.

1.3 Key points

1.3.1 Weights and measures activity

The overall number of inspections has significantly increased when compared with the decline observed during the 2020 to 2021 and 2021 to 2022 period, which was impacted by the COVID-19 pandemic. However, when comparing with 2022 to 2023, there has been a slight overall decrease in inspections, primarily due to a 32% reduction in LFMI inspections.

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 2023 to 2024 were Weighbridges, LFTMMS and AWI, 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 2022 to 2023 and 2023 to 2024, the overall proportion of businesses compliant on first inspection decreased from 81% to 64%, and the proportion of businesses assisted into compliance remained stable at 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 2023 to 2024)

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 AWI. However, the latest data for 2023 to 2024 indicates a slight overall decrease in inspections compared with 2022 to 2023, primarily due to a 32% reduction in LFMI inspections. NAWI<30kg have seen the greatest change since 2017 to 2018, with a decrease of 33%.

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 (2022 to 2023 and 2023 to 2024)

Overall, most equipment types experienced a decline in the issuance of 28-days’ notices, with the exceptions of AWIs and NAWI<30kg, which showed an increase. It is important to consider that certain equipment types, such as AWIs and LFTMMS, are more susceptible to fluctuations in these figures due to the relatively small number of instruments inspected.

Figure 3. Percentage of equipment inspected which had the verification mark removed (2022 to 2023 and 2023 to 2024)

Figure 3 shows that Weighbridges, AWI and LFTMMS had the highest rates of verification marks being removed in 2023 to 2024. It is important to note that these higher rates may be influenced by the relatively low number of inspections conducted for these types of equipment, making the percentages more susceptible to fluctuation. There were 32 inspections resulting in prosecutions or cautions in 2023 to 2024 (all for ILMI).

3 Measuring metrological compliance in transactions

Figure 4. Average number of businesses that were visited in a year across LWMAs (2022 to 2023 and 2023 to 2024)

Largely the same pattern of activity can be seen between the two years, with retail outlets being the business visited the most frequently, while medical institutions and importers of packaged goods were the least visited types of business for 2023 to 2024. On average LWMAs visited seven more retail outlets than the previous year, while the numbers of other businesses visited were very similar between the two years.

Figure 5 shows the total proportions of compliance for each business type, in 2022 to 2023 and 2023 to 2024. 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 (2022 to 2023 and 2023 to 2024)

Between 2022 to 2023 and 2023 to 2024, the overall proportion of businesses compliant on first inspection decreased from 81% to 64%, and the proportion of businesses assisted into compliance remained stable at 16%.

Medical institutions showed the lowest proportion of compliance in both years (82% in 2022 to 2023, and 59% in 2023 to 2024). However, low numbers inspected will magnify any changes. There was a decrease in the proportion of compliance for all business types in 2023 to 2024. Retail outlets had the second lowest proportion of compliance (76%), 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.

A low level of compliance could reflect the intelligence-led model ^{[footnote 1]} that authorities are following. Packaging plants and businesses selling bulk by weight or volume showed the highest proportion of compliance (96% and 91%, respectively) ^{[footnote 2]} during 2023 to 2024. 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.

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 2023 to 2024)

In 2023 to 2024 there were 783 local weights and measures inspectors and 207 FTE staff. The overall trend since 2012 to 2013 shows a decrease in the total numbers of inspectors (-25%). There has also been a decrease in the number of FTE staff engaged in weights and measures work (-31% since 2012 to 2013). 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.

There has been an increase in the number of officers studying for the CTSI Legal Metrology Module between 2012 to 2013 and 2023 to 2024, with the majority occurring since 2020 to 2021 (nearly trebling from 41.2 in 2020 to 2021 to 112.5 in 2022 to 2023, and then decreasing to 104 in 2023 to 2024). Compared with 2022 to 2023, there was an increase of two per cent in the number of inspectors, an increase of four per cent in the number of FTE staff, and a decrease of eight per cent in the number of staff studying for CTSI Metrology in 2022 to 2023.

Whilst Figure 6 is useful for monitoring year-on-year trends, it may not account for differences in staffing between different types of Local Authorities. Table 1 has been included to reflect this difference.

Table 1. Average number of local weights and measures inspectors and FTE staff by Local Authority type (between 2019 to 2020 and 2023 to 2024)

Type	2019-20	2020-21	2021-22	2022-23	2023-24
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	4.2 inspectors, 2 FTE
Metropolitan District	3.4 inspectors, 0.7 FTE	3.2 inspectors, 0.7 FTE	3.3 inspectors, 0.5 FTE	3.1 inspectors, 0.6 FTE	3.1 inspectors, 0.6 FTE
Unitary Authority	3.7 inspectors, 0.9 FTE	3.9 inspectors, 0.9 FTE	3.6 inspectors, 0.9 FTE	3.9 inspectors, 0.8 FTE	4.1 inspectors, 0.7 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	4 inspectors, 1.4 FTE
County Council	8.9 inspectors, 1.7 FTE	9.7 inspectors, 2.1 FTE	9.9 inspectors, 2 FTE	8.8 inspectors, 1.6 FTE	9 inspectors, 1.8 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	1.7 inspectors, 0.6 FTE

On average, most types of Local Authorities have seen little change in the number of Inspectors over the last four years. The exception is County Councils, which showed an increase in Inspectors (both numbers and FTEs) in 2020 to 2021 and 2021 to 2022, before falling again in 2022 to 2023.

Staffing and resources are also covered in the section on ‘Top 3 Concerns’, and Figure 6 and Table 1 may be useful in contextualizing the concerns raised in that section.

5 Top three concerns

In 2023 to 2024, the majority (93%) of returns provided information in this section. The 2023 to 2024 concerns are presented alongside the concerns reported between 2018 to 2019, 2020 to 2021 and 2022 to 2023 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 concerns raised the most 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 2023 to 2024)

2018-19	2020-21	2021-22	2022-23	2023-24
Staffing concerns (30%)	Staffing concerns (24%)	Staffing concerns (59%)	Staffing concerns (59%)	Staffing concerns (74%)
Lack of funding and resources (21%)	Covid 19 (20%)	Legal metrology not prioritised (57%)	Legal metrology not prioritised (48%)	Legal metrology not prioritised (30%)
EU Exit (19%)	Legal metrology not prioritised (9%)	Lack of targeting and intelligence (17%)	Lack of targeting and intelligence (21%)	Lack of targeting and intelligence (13%)

Comments were categorised as ‘staffing concerns’ wherever staffing was directly mentioned, or where words or phrases such as ‘retaining qualified staff’ or ‘inspectors leaving the profession’ and ‘succession planning’ were mentioned. It also includes concerns about competency of staff, including lack of training for new and existing weights and measures inspectors.

‘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.

Market surveillance and limited intelligence in relation to metrology related risks across Great Britain featured in the top three strategic concerns during 2023 to 2024. 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 would help address some of these issues.

Other key concerns included the cost-of-living crisis (9%) 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, however it has increased from 30% of LWMAs mentioning it in 2018 to 2019, to 74% in 2023 to 2024.

5.2 Top three technical concerns

Table 3. Top three technical concerns reported by LWMAs (between 2018 to 2019 and 2023 to 2024)

2018-19	2020-21	2021-22	2022-23	2023-24
NAWI (25%)	NAWI (8%)	NAWI (14%)	NAWI (16%)	NAWI (6%)
Weighbridges (16%)	Weighbridges (6%)	Weighbridges (12%)	Weighbridges (13%)	Weighbridges (26%)
ILMI (12%)	ILMI (6%)	ILMI (10%)	ILMI (8%)	ILMI (6%)

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, however, weighing equipment such as retail scales, spirit measuring equipment and butchers’ scales were mentioned on a few occasions.

The reporting of technical concerns (as opposed to strategic concerns) mentioning NAWI and ILMI shows a decrease from 2018 to 2019, where NAWIs were mentioned in 25% of the reported concerns, and ILMI in 12% 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. In contrast, in 2023 to 2024 Weighbridges were mentioned by 26% of LWMAs, compared with only 16% in 2018 to 2019.

6 Annexes

6.1 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 numbers 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 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

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 section 6.1 for more information. ↩