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The Toys (Safety) Regulations 2011
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- UK Statutory Instruments
- 2011 No. 1881
- PART 4
- Regulation 45
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Action (after issue of [F2Type] examination certificate) where a toy fails to comply with essential safety requirementsE+W+S
This section has no associated Explanatory Memorandum
45.—(1) This regulation applies where—
(a)[F3a Type] examination certificate has been issued in relation to a toy; and
(b)[F4an approved] body finds that the toy will not comply with the essential safety requirements during its foreseeable and normal period of use—
(i)following the review by the body of the certificate on its submission to the body for review by the manufacturer; or
(ii)in the course of any other monitoring by the body of whether the toy will comply with the essential safety requirements during its foreseeable and normal period of use.
(2) [F5The approved] body must—
(a)consider—
(i)what corrective measures the manufacturer needs to take in relation to the toy in the light of the body's findings; and
(ii)whether it is necessary to suspend or withdraw the [F6Type] examination certificate;
(b)send the manufacturer a notice in writing—
(i)setting out the conclusions the body has provisionally reached under sub-paragraph (a);
(ii)setting out the reasons for those conclusions; and
(iii)inviting the manufacturer to respond to the conclusions within such reasonable period as is specified in the notice;
(c)make a decision on the matters specified in sub-paragraph (2)(a), taking into account any response received from the manufacturer within the period specified in the notice; and
(d)inform the manufacturer of the decision and the reasons for it.
(3) [F5The approved] body must restrict, suspend or withdraw, as appropriate, the [F7Type] examination certificate issued in relation to the toy, where the manufacturer has been informed in accordance with paragraph (2)(d) of the corrective measures that the manufacturer needs to take in relation to the toy and where—
(a)the [F8Type] examination certificate issued in relation to the toy has not already been withdrawn under paragraph (2)(c); and either
(b)the manufacturer fails within such period as is reasonable in the circumstances to take those measures; or
(c)the manufacturer takes those measures, but [F5the approved] body forms the view that those measures have not in fact had the effect that the toy will comply with the essential safety requirements during its foreseeable and normal period of use.
(4) Before restricting, suspending or withdrawing [F9a Type] examination certificate under paragraph (3) [F5the approved] body must—
(a)consider which of those actions it is appropriate to take in the circumstances; and
(b)send the manufacturer a notice in writing—
(i)setting out the conclusions the body has provisionally reached under sub-paragraph (a);
(ii)setting out the reasons for those conclusions; and
(iii)inviting the manufacturer to respond to the conclusions within such reasonable period as is specified in the notice;
(c)make a decision on the matter specified in sub-paragraph (a), taking into account any response received from the manufacturer within the period specified in the notice; and
(d)inform the manufacturer of the decision and the reasons for it.
Extent Information
E1This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only
Textual Amendments
F2Word in reg. 45 heading substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 15 para. 33(a) (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 45(1)(a) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 15 para. 33(b) (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in reg. 45(1)(b) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 15 para. 33(c) (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in reg. 45 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 15 para. 33(d) (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F6Word in reg. 45(2)(a)(ii) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 15 para. 33(a) (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F7Word in reg. 45(3) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 15 para. 33(a) (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F8Word in reg. 45(3)(a) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 15 para. 33(a) (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in reg. 45(4) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 15 para. 33(b) (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Action (after issue of EC-type examination certificate) where a toy fails to comply with essential safety requirementsN.I.
45.—(1) This regulation applies where—
(a)an EC-type examination certificate has been issued in relation to a toy; and
(b)a UK notified body finds that the toy will not comply with the essential safety requirements during its foreseeable and normal period of use—
(i)following the review by the body of the certificate on its submission to the body for review by the manufacturer; or
(ii)in the course of any other monitoring by the body of whether the toy will comply with the essential safety requirements during its foreseeable and normal period of use.
(2) The UK notified body must—
(a)consider—
(i)what corrective measures the manufacturer needs to take in relation to the toy in the light of the body's findings; and
(ii)whether it is necessary to suspend or withdraw the EC-type examination certificate;
(b)send the manufacturer a notice in writing—
(i)setting out the conclusions the body has provisionally reached under sub-paragraph (a);
(ii)setting out the reasons for those conclusions; and
(iii)inviting the manufacturer to respond to the conclusions within such reasonable period as is specified in the notice;
(c)make a decision on the matters specified in sub-paragraph (2)(a), taking into account any response received from the manufacturer within the period specified in the notice; and
(d)inform the manufacturer of the decision and the reasons for it.
(3) The UK notified body must restrict, suspend or withdraw, as appropriate, the EC-type examination certificate issued in relation to the toy, where the manufacturer has been informed in accordance with paragraph (2)(d) of the corrective measures that the manufacturer needs to take in relation to the toy and where—
(a)the EC-type examination certificate issued in relation to the toy has not already been withdrawn under paragraph (2)(c); and either
(b)the manufacturer fails within such period as is reasonable in the circumstances to take those measures; or
(c)the manufacturer takes those measures, but the UK notified body forms the view that those measures have not in fact had the effect that the toy will comply with the essential safety requirements during its foreseeable and normal period of use.
(4) Before restricting, suspending or withdrawing an EC-type examination certificate under paragraph (3) the UK notified body must—
(a)consider which of those actions it is appropriate to take in the circumstances; and
(b)send the manufacturer a notice in writing—
(i)setting out the conclusions the body has provisionally reached under sub-paragraph (a);
(ii)setting out the reasons for those conclusions; and
(iii)inviting the manufacturer to respond to the conclusions within such reasonable period as is specified in the notice;
(c)make a decision on the matter specified in sub-paragraph (a), taking into account any response received from the manufacturer within the period specified in the notice; and
(d)inform the manufacturer of the decision and the reasons for it.
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