The Toys (Safety) Regulations 2011

Enforcement action in cases of formal non-compliance E+W+S

52.—(1) An enforcement authority may serve a compliance notice on an economic operator if it finds that a non-compliance of any of the following types has occurred in relation to a toy—

(a) no [F1 UK] marking has been affixed;

(b) a [F1 UK] marking has been affixed but any provision of regulation 18 or regulation 39 has not been complied with or has been contravened;

(c) the manufacturer has not drawn up [F2 a] declaration of conformity;

(d) the manufacturer has drawn up [F2 a] declaration of conformity but the declaration does not comply with any provision of regulation 16(1) to (4); or

(e) the technical documentation is unavailable or incomplete.

(2) A compliance notice must—

(a) require the economic operator—

(i) to put an end to the non-compliance within such period as may be specified in the notice; or

(ii) to provide evidence within that period to the satisfaction of the enforcement authority that the non-compliance has not in fact occurred; and

(b) warn the economic operator that, if the non-compliance continues, or if satisfactory evidence has not been produced under sub-paragraph (a) within the period specified in the notice, further action may be taken by an enforcement authority in respect of that toy or any toy of the same type supplied by that person.

(3) A compliance notice may include directions as to the measures to be taken by the economic operator to secure compliance, including different ways of securing compliance.

(4) A compliance notice has effect throughout the United Kingdom.

(5) Where an economic operator fails to comply with the requirements of a compliance notice, the enforcement authority may—

(a) serve a withdrawal notice under regulation 14(1) GPSR;

(b) serve a recall notice under regulation 15(1) GPSR;.

(6) For the purposes of taking an action referred to in paragraph (5), regulations 14, 15, 16, and 17 of the GPSR are applicable

(7) Where a notice is served under paragraph (5), the grounds for serving the notice that would otherwise apply under the GPSR are satisfied by complying with this regulation.

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1 Word in reg. 52 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. 39(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)

F2 Word in reg. 52 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. 39(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)

Enforcement action in cases of formal non-compliance N.I.

52.—(1) An enforcement authority may serve a compliance notice on an economic operator if it finds that a non-compliance of any of the following types has occurred in relation to a toy—

(a) no CE marking has been affixed;

(b) a CE marking has been affixed but any provision of regulation 18 or regulation 39 has not been complied with or has been contravened;

[F3 (ba) a UK(NI) indication—

(i) has not been affixed, in contravention of regulation 15A(1); or

(ii) has been affixed but any provision of regulation 15A has not been complied with or has been contravened.]

(c) the manufacturer has not drawn up an EC declaration of conformity;

(d) the manufacturer has drawn up an EC declaration of conformity but the declaration does not comply with any provision of regulation 16(1) to (4); or

(e) the technical documentation is unavailable or incomplete.

(2) A compliance notice must—

(a) require the economic operator—

(i) to put an end to the non-compliance within such period as may be specified in the notice; or

(ii) to provide evidence within that period to the satisfaction of the enforcement authority that the non-compliance has not in fact occurred; and

(b) warn the economic operator that, if the non-compliance continues, or if satisfactory evidence has not been produced under sub-paragraph (a) within the period specified in the notice, further action may be taken by an enforcement authority in respect of that toy or any toy of the same type supplied by that person.

(3) A compliance notice may include directions as to the measures to be taken by the economic operator to secure compliance, including different ways of securing compliance.

(4) A compliance notice has effect throughout [F4 Northern Ireland].

(5) Where an economic operator fails to comply with the requirements of a compliance notice, the enforcement authority may—

(a) serve a withdrawal notice under regulation 14(1) GPSR;

(b) serve a recall notice under regulation 15(1) GPSR;.

(6) For the purposes of taking an action referred to in paragraph (5), regulations 14, 15, 16, and 17 of the GPSR are applicable

(7) Where a notice is served under paragraph (5), the grounds for serving the notice that would otherwise apply under the GPSR are satisfied by complying with this regulation.

Textual Amendments

F3 Reg. 52(1)(ba) inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460), reg. 1(2), Sch. 2 para. 5(5)

F4 Words in reg. 52(4) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 5 para. 6(1)