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1. These Regulations may be cited as the Nightwear (Safety) Regulations 1985 and shall come into operation on 1st March 1987.
2. The Nightdresses (Safety) Regulations 1967 and the Nightdresses (Safety) Regulations (Northern Ireland) 1968 are hereby revoked.
3. (1) In these Regulations—
“adults' nightwear” means
“baby's garment” means
“BS 5651” means
“BS 5722” means
“chest measurement” means
“children's nightwear” means
which is designed for wear by and would normally be worn by a person under the age of 13 years; and
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;
“fabric assembly” means
“flammability performance requirements” means
“length” in relation to any nightwear 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 “BS 5438”
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.
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)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)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.
6. Adults' nightwear shall be labelled in accordance with the requirements of Schedule 2.
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.
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.
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.
10. Any test of goods seized or purchased by or on behalf of an enforcement authority pursuant to Schedule 2 to the Consumer Safety Act 1978 (which relates to the enforcement of safety regulations) shall in all cases be carried out in the manner specified in BS 5722 and BS 5651 by the authority or, at the expense of the authority, by such person as may be determined by the Secretary of State.
11. Before being tested for compliance with the flammability performance requirements–
(a)any fabric treated with chemicals to make it safer from fire shall be washed using the procedure specified in clause 6.5.2 of BS 5651;
(b)any fabric not so treated shall be washed using the same procedure, except that the requirements of clause 184.108.40.206 of BS 5651 shall not be observed.
Parliamentary Under-Secretary of State
Department of Trade and Industry
20th December 1985
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