Toys (Safety) Regulations 1995
| Jurisdiction | UK Non-devolved |
1995 No. 204
CONSUMER PROTECTION
The Toys (Safety) Regulations 1995
Made 30th January 1995
Laid before Parliament 1st February 1995
Coming into force 24th February 1995
Whereas the Secretary of State has, in accordance with section 11(5) of the Consumer Protection Act 19871, 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 is a Minister designated2for the purposes of section 2 of the European Communities Act 19723in relation to measures relating to consumer protection:
Now, therefore, the Secretary of State in exercise of the powers conferred on him by section 11 of the said Act of 1987, read with article 6 of the Consumer Protection Act 1987 (Commencement No.1) Order 19874, and by section 2(2) of the said Act of 1972 and of all other powers enabling him in that behalf hereby makes the following Regulations:—
Citation, commencement and revocation
1.—(1) These Regulations may be cited as the Toys (Safety) Regulations 1995 and shall come into force on 24th February 1995.
(2) The Toys (Safety) Regulations 19895and the Toys (Safety) (Amendment) Regulations 19936are hereby revoked provided that the saving in relation to the continued application of the Toys (Safety) Regulations 19747and the Toys (Safety) Regulations (Northern Ireland) 19758contained in paragraphs (3) and (4) of regulation 1 of the said Regulations of 1989 shall continue to have full force and effect in relation to toys to which these Regulations do not apply by virtue of paragraph 1 of regulation 2 below.
Application
2.—(1) Subject to paragraphs (2) and (3) below, these Regulations apply to any toy except that until 1st October 1996 they do not apply to any toy which the supplier proves was supplied for the first time in the Community before 1st January 1990 and which does not bear the CE marking.
(2) Regulations 10 and 13 below do not apply in any case in which the person supplying the toy reasonably believes that it will not be used in the United Kingdom or any other member State of the Community.
(3) The Pencils and Graphic Instruments (Safety) Regulations 19749and the Pencils and Graphic Instruments (Safety) Regulations (Northern Ireland) 197510shall not apply to toys to which these Regulations apply.
Interpretation
3.—(1) In these Regulations, unless the context otherwise requires—
“the 1987 Act” means the Consumer Protection Act 1987;
“approved model” means a model of a toy in respect of which an EC type-examination certificate is in force;
“CE marking” means the CE conformity marking referred to in regulation 10 consisting of the initials “CE” taking the form of the specimen given in Schedule 1;
“the Community” means the European Community and other member States except that for the purposes of paragraph (1) of regulation 2, it means the European Community;
“EC type-examination certificate” means a certificate issued by an approved body that a model of a toy conforms with the essential safety requirements applicable to that toy;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 199311;
“essential safety requirements” means the requirements in Annex II of the Toys Directive which is set out in Schedule 2;
“harmonised standard” means a technical specification adopted by the European Committee for Standardisation or the European Committee for Electrotechnical Standardisation or both, upon a remit from the Commission of the Communities in accordance with Council Directive 83/189/EEClaying down a procedure for the provision of information in the field of technical standards and regulations12as amended by the Treaty of Accession of 12th June 198513, Council Directive 88/182/EEC14, Commission Decision 92/400/EEC15and European Parliament and Council Directive 94/10/EEC16;
“member State” means a State which is a Contracting Party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the state of Liechtenstein;
“relevant national standard” means a standard the reference number of which is published—
(a) in the United Kingdom, by the Secretary of State in such manner as he considers appropriate, or
(b) in another member State of the Community,
and which corresponds to a harmonised standard the reference number of which is published in the Official Journal of the European Communities;
“supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and cognate expressions shall be construed acccordingly;
“toy” means any product or material designed or clearly intended for use in play by children of less than 14 years of age, but excluding those products specified in Schedule 3; and
“the Toys Directive” means Council Directive 88/378/EECon the approximation of the laws of the member States concerning the safety of toys17as amended by Council Directive 93/68/EEC18.
(2) “approved body” in regulation 9 (except “approved bodies” in paragraph (5) of that regulation) means a body approved by the Secretary of State pursuant to regulation 8 and elsewhere in these Regulations (including the above-mentioned reference in regulation 9(5)) means a body so approved or one approved by another member State of the Community for the purposes of the Toys Directive.
(3) Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.
Essential safety requirements
4. Toys to which these Regulations apply shall satisfy the essential safety requirements.
Toys bearing CE marking
5.—(1) Any toy supplied for the first time in the Community on or after 1st January 1995 which bears the CE marking shall be presumed (which presumption shall be rebuttable) to comply with all the provisions of these Regulations, save that until 1st January 1997 any toy on which the manufacturer or his authorised representative has put the CE marking pursuant to the provisions of paragraph (10) of regulation 10 below shall be presumed (which presumption shall be rebuttable) to comply with the provisions of that paragraph.
(2) Subject to paragraph (3) below, where the toy is the subject of other Community Directives in addition to the Toys Directive, which provide among other things for the affixing of the CE marking, the CE marking affixed in relation to the Toys Directive shall indicate that the toy is presumed (which presumption shall be rebuttable) to conform to the provisions of those other Community Directives.
(3) Where any of the said Community Directives referred to in paragraph (2) above allows the manufacturer, during a transition period, to choose which arrangements apply, the CE marking shall indicate conformity only to the Community Directives applied by the manufacturer.
Conformity of toys with national standards
6. Any toy supplied for the first time in the Community on or after 1st January 1995 and which conforms with the relevant national standards applicable to it where those standards relate to all matters covered by the essential safety requirements applicable to the toy shall be presumed (which presumption shall be rebuttable) to satisfy the requirement in regulation 4.
Conformity of toys with an approved model
7. Any toy supplied for the first time in the Community on or after 1st January 1995 which has not been manufactured, or which has been manufactured only partly, in conformity with the relevant national standards applicable to it or for which no such standards exist or where the relevant national standards applicable to it relate only to some of the matters covered by the essential safety requirements applicable to the toy shall be presumed (which presumption shall be rebuttable) to satisfy the requirement in regulation 4 if an EC type-examination certificate is in force in respect of a model of the toy.
Approved bodies
8.—(1) A body approved by the Secretary of State may—
(a)
(a) carry out examinations and tests and issue EC type-examination certificates in respect of models of toys;
(b)
(b) ask for further examples of the model in question; and
(c)
(c) do such other things as may be required or permitted under or in connection with these Regulations.
(2) Any approval given by the Secretary of State for the purposes of paragraph (1) above may be given for an unlimited period or for a specified period and may be given subject to conditions and the Secretary of State may withdraw any such approval if the body ceases to comply with any such condition.
EC type-examination certificate
9.—(1) Where an application for an EC type-examination certificate in respect of a model of a toy is made by the manufacturer or by his authorised representative established in the Community to an approved body such application shall be in writing and shall include—
(a)
(a) a description of the toy;
(b)
(b) the name and address of the manufacturer or his authorised representative in the Community and the place of manufacture of the toy; and
(c)
(c) comprehensive manufacturing and design data,
and shall be accompanied by a model of the toy and, if required by the approved body, the prescribed fee.
(2) On an application made to it under paragraph (1) above an approved body shall—
(a)
(a) examine the documents provided by the applicant and establish that they are in order;
(b)
(b) check that any toy which conforms with the model would not jeopardize the safety or health of users or third parties when used as intended or in a foreseeable way, bearing...
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