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The Toys (Safety) Regulations 2011
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- UK Statutory Instruments
- 2011 No. 1881
- PART 4
- Regulation 43
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There are currently no known outstanding effects for the The Toys (Safety) Regulations 2011, Section 43.
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Performance of [F2Type] examinationsE+W+S
This section has no associated Explanatory Memorandum
43.—(1) [F3An approved] body performing [F4a Type] examination in relation to a toy must—
(a)perform that examination in accordance with the provisions of Module B;
(b)evaluate (if necessary together with the manufacturer) the analysis carried out by the manufacturer in accordance with regulation 12 (safety assessment); and
(c)while respecting the need for the requirements that are imposed by these Regulations in relation to the toy to be complied with, perform the examination—
(i)in a proportionate manner, avoiding unnecessary burdens for economic operators; and
(ii)taking due account of—
(aa)the size of the relevant economic operator;
(bb)the sector in which the economic operator operates;
(cc)the structure of the economic operator;
(dd)the degree of complexity of the technology of the toy; and
(ee)the mass or serial nature of the production process for the toy.
(2) Point 2 of Module B shall be treated as requiring [F5Type] examination to be performed in the manner specified in the second indent of point 2 (combination of product type and design type).
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. 43 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. 31(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. 43(1) 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. 31(b)(i) (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. 43(1) 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. 31(b)(ii) (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F5Word in reg. 43(2) 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. 31(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)
Performance of EC-type examinationsN.I.
43.—(1) A UK notified body performing an EC-type examination in relation to a toy must—
(a)perform that examination in accordance with the provisions of Module B;
(b)evaluate (if necessary together with the manufacturer) the analysis carried out by the manufacturer in accordance with regulation 12 (safety assessment); and
(c)while respecting the need for the requirements that are imposed by these Regulations in relation to the toy to be complied with, perform the examination—
(i)in a proportionate manner, avoiding unnecessary burdens for economic operators; and
(ii)taking due account of—
(aa)the size of the relevant economic operator;
(bb)the sector in which the economic operator operates;
(cc)the structure of the economic operator;
(dd)the degree of complexity of the technology of the toy; and
(ee)the mass or serial nature of the production process for the toy.
(2) Point 2 of Module B shall be treated as requiring EC-type examination to be performed in the manner specified in the second indent of point 2 (combination of product type and design type).
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