The Toys (Safety) Regulations 1995
© Crown Copyright 1995 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Toys (Safety) Regulations 1995, ISBN 0110548701. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| ||||||||
CONSUMER PROTECTION The Toys (Safety) Regulations 1995
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 1989[5] and the Toys (Safety) (Amendment) Regulations 1993[6] are hereby revoked provided that the saving in relation to the continued application of the Toys (Safety) Regulations 1974[7] and the Toys (Safety) Regulations (Northern Ireland) 1975[8] contained 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.
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 1974[9] and the Pencils and Graphic Instruments (Safety) Regulations (Northern Ireland) 1975[10] shall not apply to toys to which these Regulations apply.
3.—(1) In these Regulations, unless the context otherwise requires—
(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.
4. Toys to which these Regulations apply shall satisfy the essential safety requirements.
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.
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.
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.
8.—(1) A body approved by the Secretary of State may—
(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.
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—
(2) On an application made to it under paragraph (1) above an approved body shall—
(3) Where the approved body, after carrying out its duties under paragraph (2) above, is satisfied that the model complies with the essential safety requirements applicable to a toy of that type, it shall grant to the applicant an EC type-examination certificate in respect of that model, subject to such conditions designed to ensure that toys which conform to the model comply with the applicable essential safety requirements as the approved body thinks fit. (4) The certificate shall state the conclusions of the EC type-examination carried out by the approved body, indicate any conditions subject to which the certificate is granted and be accompanied by the descriptions and drawings of the toy. (5) The approved body shall, taking the necessary measures to guarantee confidentiality, forward to the Secretary of State, the Commission of the Communities, the other member States and other approved bodies on request a copy of the certificate and, on reasonable request, a copy of any design and manufacturing schedule submitted to the aproved body and reports on the examinations and tests that it has carried out. (6) Where the approved body, after carrying out its duties under paragraph (2) above, refuses to issue an EC type-examination certificate in respect of the model of the toy in question, it shall so inform the applicant, the Secretary of State and the Commission of the Communities in writing, giving the reasons for refusal. (7) The approved body may require a fee to be paid by the applicant (in this regulation referred to as the prescribed fee) in connection with work done by it under this regulation and the fee in every case shall be equal to the sum of—
10.—(1) Subject to paragraphs (2), (3), (4) and (10) below, no person shall supply any toy to which these Regulations apply and which does not have affixed to it or to its packaging the CE marking together with the name or trade name or mark and the address of the manufacturer if he is established in the Community or his authorised representative if he is so established or if neither is so established the importer into the Community in a visible, easily legible and indelible form, provided that the trade name or mark may only appear as an alternative to the name if such trade name or mark enables such manufacturer, authorised representative or importer to be identified. (2) No manufacturer of any toy to which these Regulations apply nor any authorised representative in the Community of such a manufacturer shall supply any such toy to which or to whose packaging the CE marking is affixed unless he thereby confirms that all the provisions of these Regulations which relate to that toy have been complied with and that—
(3) In the case of a small toy or a toy consisting of small parts the information (including the CE marking) mentioned in paragraph (1) above may appear instead of as provided in that paragraph in a visible, easily legible and indelible form—
(4) Paragraphs (1), (2) and (3) shall not apply in relation to a toy which has previously been supplied to any person who acquired it for private use or consumption. (5) Where the information (including the CE marking) mentioned in paragraph (1) above does not appear on, or is not attached to, the toy, the attention of any person to whom the toy is supplied for private use or consumption shall be drawn to the advisability of keeping or noting such information, as the case may be. (6) Any of the information mentioned in paragraph (1) above, other than the CE marking, may be abbreviated provided that the abbreviation enables such manufacturer, authorised representative or importer as is mentioned in that paragraph to be identified. (7) Information shall not be given in connection with a toy by means of a marking which is likely to deceive any person as to the meaning and the form of the CE marking and any other marking may be affixed to the toy, its packaging or a label provided that the visibility and legibility of the CE marking is not thereby reduced. (8) Toys shall be accompanied by the appropriate warnings and indications of precautions to be taken during use contained in Annex IV of the Toys Directive which is set out in Schedule 4. (9) It shall not be a sufficient compliance with paragraph (8) above to give information in a language other than English. (10) Notwithstanding the provisions of paragraph (1) above, until 1st January 1997 the manufacturer or his authorised representative established in the Community may put on every toy in the manner described in that paragraph the CE marking to confirm only that that toy complies with the provisions of sub-paragraphs (a) or (b) of paragraph (2) as the case may be and by which he does not confirm that all the provisions of these Regulations which relate to that toy have been complied with, and in which event the provisions of paragraphs (11) and (12) below and Schedule 5 shall not have effect in relation to that toy. (11) Except in the case of a toy which in the opinion of the enforcement authority is likely to jeopardise the safety or health of any person, where an enforcement authority has reasonable grounds for suspecting that the CE marking has been affixed to any toy to which these Regulations apply in relation to which any provision of these Regulations has not been complied with in respect of that toy it may serve a notice ("a compliance notice") on the manufacturer of that toy or his authorised representative established in the Community and in such a case sections 13, 14, 16 or 17 of the 1987 Act shall not be applied until such a notice has been so served and the person upon whom it has been served has failed to comply with its requirements. (12) Schedule 5 shall have effect in respect of a compliance notice.
11.—(1) Every manufacturer of toys established in the United Kingdom or, where the manufacturer is not established in the Community, the manufacturer's authorised representative established in the United Kingdom or, where the manufacturer is established outside the Community and he has no authorised representative established in the Community, the person who supplies a toy on the first occasion on which it is supplied in the Community provided that he is established in the United Kingdom shall keep the following information available for inspection by an enforcement authority or any of its officers in respect of toys supplied in the Community by such manufacturer, authorised representative or first supplier and bearing the CE marking denoting among other things conformity with the relevant national standards applicable to the toy where those standards relate to all the matters covered by the essential safety requirements applicable to the toy and shall give the information to an enforcement authority or any of its officers on his being required to give such information within a reasonable time—
(2) Every manufacturer of toys established in the United Kingdom or, where the manufacturer is not established in the Community, the manufacturer's authorised representative established in the United Kingdom or, where the manufacturer is established outside the Community and he has no authorised representative established in the Community, the person who supplies a toy on the first occasion on which it is supplied in the Community provided that he is established in the United Kingdom shall keep the following information available for inspection by an enforcement authority or any of its officers in respect of toys supplied in the Community by such manufacturer, authorised representative or first supplier which are not manufactured, or which are manufactured only partly, in accordance with the relevant national standards applicable to that toy or for which no such standards exist or where the relevant national standards relate only to some of the matters covered by the essential safety requirements applicable to the toy and which bear the CE marking denoting conformity among other things of the toy with the approved model and shall give the information to an enforcement authority or any of its officers on his being required to give such information within a reasonable time—
(3) If any of the requirements of paragraph (1) or (2) above is not satisfied, an enforcement authority or any of its officers may require such manufacturer, authorised representative or first supplier, as the case may be, as is mentioned in those paragraphs to have a toy in respect of which any such requirement is not satisfied tested within a reasonable period by an approved body at the expense of such manufacturer, authorised representative or first supplier for the purpose of ascertaining whether the relevant national standards and the essential safety requirements are complied with and the manufacturer, authorised representative or first supplier shall comply with any such requirement imposed by an enforcement authority or one of its officers.
12. Save in relation to the supply of a toy which has previously been supplied to any person who acquired it for private use or consumption, a person who supplies a toy which does not bear the CE marking shall give to an enforcement authority, or any of its officers, all information which he has about the date when the toy was first supplied in the Community and information about the basis on which the toy is not so marked on his being required to give such information within a reasonable time.
13. No person shall supply any toy in respect of which the requirement of regulation 4 is not satisfied save that a person other than a manufacturer or his authorised representative established in the Community (or, where neither the manufacturer nor his authorised representative are established in the Community, the importer into the Community) may supply any toy provided that the toy would not jeopardise the safety or health of users or third parties when used as intended or in a foreseeable way, bearing in mind the normal behaviour of children.
14. Every authority and council on whom a duty is imposed by virtue of section 27 of the 1987 Act shall give immediate notice to the Secretary of State of any suspension notice served by it in respect of, or any application made by it for an order for forfeiture of, any toys to which these Regulations apply or any other thing done in respect of any such toys for the purposes of or in connection with sections 14 to 17 of that Act.
15. In England, Wales and Northern Ireland a magistrates' court may try an information (in the case of England and Wales) or a complaint (in the case of Northern Ireland) in respect of an offence committed under section 12 of the 1987 Act in relation to a contravention of these Regulations if (in the case of England and Wales) the information is laid or (in the case of Northern Ireland) the complaint is made within twelve months from the time when the offence is committed, and in Scotland summary proceedings for such an offence may be begun at any time within twelve months from the time when the offence is committed.
16.—(1) Subject to paragraph (2) below, these Regulations shall be treated for all purposes as if they were safety regulations within the meaning of the 1987 Act. (2) A manufacturer, authorised representative or first supplier who contravenes regulation 11(3) above shall be guilty of an offence punishable on summary conviction with imprisonment for not more than three months or with a fine not exceeding level five on the standard scale.
Notes: [8] S.R. (N.I.) 1975 No. 290. back [10] S.R. (N.I.) 1975 No. 49. back [11] Protocol 47 and certain Annexes to the EEA Agreement were amended by Decision No. 7/94 of the EEA Joint Committee of 21st March 1994 which came into force on 1st July 1994 (OJ No. L 160, 28.6.1994, p. 1). Council Directive 93/68/EEC was added to Chapter XXII of Annex II to the EEA Agreement by item P in Annex 3 to the said Decision No. 7/94. back [12] OJ No. L 109, 26.4.1983, p. 8. back [13] Signed in Madrid and Lisbon and coming into force on 1st January 1986, OJ No. L 302, 1985. back [14] OJ No. L 81, 26.3.1988, p. 75. back [15] OJ No. L 221, 6.8.1992, p. 55. back [16] OJ No. L 100, 19.4.1994, p. 30. back |
|
||
| Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland | Her Majesty's Stationery Office | ||
|
|
||
| We welcome your comments on this site | © Crown copyright 1995 | Prepared 20th September 2000 |