Insertion of regulation 2AE+W+S
This section has no associated Explanatory Memorandum
3. After regulation 2 insert—
“Transitional provision in relation to EU Exit
2A.—(1) In this regulation—
“pre-exit period” means the period beginning with 19th August 2011 and ending immediately before [IP completion day];
“product” means a toy to which these Regulations apply.
(2) Subject to paragraphs (3) and (4), where a product was made available on the market during the pre-exit period, despite the amendments made by Schedule 15 to the Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 , any obligation or prohibition to which a person was subject under these Regulations as they had effect immediately before [IP completion day], continues to have effect as it did immediately before [IP completion day], in relation to that product.
(3) Paragraph (2) does not apply to—
(a)any obligation of any enforcement authority to inform the European Commission or the member States of any matter; or
(b)any obligation to take action outside of the United Kingdom in respect of that product.
(4) Where an EC-type examination was issued in relation to a product to which paragraph (2) applies references to “Type examination” in regulations 22 and 45 are to be read as referring to an EC-type examination referred to in regulation 44 as it had effect immediately before [IP completion day].
(5) Where during the pre-exit period—
(a)a product has not been placed on the market; and
(b)a manufacturer has taken any action under regulations 11 to 13 as they had effect immediately before [IP completion day] in relation to that product,
that action has effect as if it had been done under regulations 11 to 13 as they have effect on and after [IP completion day].”.
Textual Amendments
Commencement Information
Marginal Citations