Protection of [UK] markingE+W+S
This section has no associated Explanatory Memorandum
39.—(1) A person must not affix a [UK] marking in relation to a toy unless—
(a)the person is—
(i)the manufacturer; or
(ii)an authorised representative of the manufacturer who has been appointed by the manufacturer ... to affix the [UK] marking on the manufacturer's behalf; and
(b)it has been demonstrated by performance of the applicable conformity assessment procedure that the toy will comply with the essential safety requirements during its foreseeable and normal period of use.
(2) A person must not affix any marking in relation to a toy which—
(a)is not a [UK] marking; but
(b)purports to attest that the toy satisfies the essential safety requirements.
(3) A person must not affix in relation to a toy any marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the [UK] marking affixed in relation to the toy.
(4) Any other marking may be affixed in relation to a toy provided that the visibility, legibility and meaning of the [UK] marking is not thereby impaired.
Extent Information
Textual Amendments
Protection of CE markingN.I.
39.—(1) A person must not affix a CE marking in relation to a toy unless—
(a)the person is—
(i)the manufacturer; or
(ii)an authorised representative of the manufacturer who has been appointed by the manufacturer in accordance with regulation 25(1) to affix the CE marking on the manufacturer's behalf; and
(b)it has been demonstrated by performance of the applicable conformity assessment procedure that the toy will comply with the essential safety requirements during its foreseeable and normal period of use.
(2) A person must not affix any marking in relation to a toy which—
(a)is not a CE marking; but
(b)purports to attest that the toy satisfies the essential safety requirements.
[(2A) Paragraph (2) does not apply to the UK(NI) indication.]
(3) A person must not affix in relation to a toy any marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the CE marking affixed in relation to the toy.
(4) Any other marking may be affixed in relation to a toy provided that the visibility, legibility and meaning of the CE marking is not thereby impaired.