Nightwear (Safety) Regulations 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/2043 |
1985 No. 2043
CONSUMER PROTECTION
The Nightwear (Safety) Regulations 1985
Made 20th December 1985
Coming into Operation 1st March 1987
Whereas the Secretary of State has, in accordance with section 1(4) of the Consumer Safety Act 1978, consulted such organisations as appear to him to be representative of interests substantially affected by these Regulations and such other persons as he considers appropriate:
And whereas the Secretary of State has in accordance with section 1(5) of the Consumer Protection Act 1961 consulted with such persons and bodies of persons as appear to him requisite:
And whereas a draft of these Regulations has been approved by a resolution of each House of Parliament pursuant to section 7(7) of the said Act of 1978:
Now, therefore, the Secretary of State, in exercise of the powers conferred on him by sections 1 and 11(a) of, and paragraph 14 of Schedule 2 to, the said Act of 1978 and by sections 1 and 2 of the said Act of 1961, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Nightwear (Safety) Regulations 1985 and shall come into operation on 1st March 1987.
Revocation
2. The Nightdresses (Safety) Regulations 1967 and the Nightdresses (Safety) Regulations (Northern Ireland) 1968 are hereby revoked.
Interpretation
3.—(1) In these Regulations—
“” means
“” means
“” means1
“” means2
“” means
“” means any nightwear—
(a) which is designed for wear by and would normally be worn by a person under the age of 13 years; and
(b) which, in the case of any item of nightwear mentioned in Schedule 1, has no measurement in excess of the relevant measurement set out in that Schedule;
“” means
“” means
“” in relation to any nightwear means
“” means
(2) References in these Regulations to Schedules are references to Schedules to these Regulations.
(3) For the purposes of these Regulations references in BS 5722 to “”3
Requirements relating to children's nightwear
4.—(1) Children's nightwear, with the exception of pyjamas, babies' garments and cotton terry towelling bath robes, shall not be made of any fabric of a kind which after having been washed in accordance with Regulation 11 is not capable of complying with the flammability performance requirements.
(2) Pyjamas, babies' garments and cotton terry towelling bath robes (being children's nightwear) shall be labelled in accordance with the requirements of Schedule 2.
Compliance with flammability performance requirements
5.—(1) Subject to paragraphs (2) and (3), nightwear shall be regarded as not being made of fabric of a kind which is capable of complying with the flammability performance requirements unless all fabric and fabric assemblies of which the nightwear is composed comply with those requirements.
(2) Where a fabric out of which nightwear is made or with which nightwear is trimmed consists wholly of fibres of a synthetic substance of a kind which on the application of heat will melt without decomposing, that fabric shall be taken as complying with the flammability performance requirements, provided that—
(a)
(a) any fabric stitched to that fabric consists wholly of fibres made of a synthetic substance of a kind which on the application of heat will melt without decomposing; and
(b)
(b) any thread used for the purpose of stitching is of a kind which on the application of heat will melt without decomposing.
(3) Nothing in these Regulations shall prevent the use of elastic or elastic thread for shirring.
Labelling of adults' nightwear
6. Adults' nightwear shall be labelled in accordance with the requirements of Schedule 2.
Labelling of nightwear treated with a flame retardant chemical
7. Nightwear which includes any fabric which has been treated with chemicals to make it safer from fire shall be labelled in accordance with the requirements of Schedule 3.
Prohibition of supply
8.—(1) Subject to paragraphs (2) and (3), no person shall supply, offer to supply, agree to supply, expose for supply or possess for supply any children's or adults' nightwear in respect of which any of the requirements of these Regulations are not satisfied.
(2) Paragraph (1) does not apply in any case where the person supplying the nightwear, offering or agreeing to supply the nightwear or exposing or possessing the nightwear for supply reasonably believes that it will not be worn in the United Kingdom.
(3) Paragraph (1) does not apply to second-hand nightwear.
Advertisements
9. Where any person publishes or causes to be published on his behalf any printed advertisement which—
(a) contains a description of pyjamas, babies' garments, cotton terry towelling bath robes (being children's nightwear) or adults' nightwear which is sufficient to enable such nightwear to be ordered by reference only to that description; and
(b) indicates that he is willing (with or without restrictions) to accept offers made other than by persons who attend for that purpose at his place of business and to send such nightwear to an address nominated by the person making the offer,
he shall not supply, offer to supply, agree to supply, expose for supply or possess for supply any nightwear so described in any such advertisement unless the requirements of Schedule 4 in relation to that advertisement are satisfied.
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