The Toys (Safety) Regulations 1995

Interpretation U.K.

3.—(1) In these Regulations, unless the context otherwise requires—

“the 1987 Act” means the Consumer Protection Act 1987;

“approved model” means a model of a toy in respect of which an EC type-examination certificate is in force;

“CE marking” means the CE conformity marking referred to in regulation 10 consisting of the initials “CE” taking the form of the specimen given in Schedule 1;

“the Community” means the European Community and other member States except that for the purposes of paragraph (1) of regulation 2, it means the European Community;

“EC type-examination certificate” means a certificate issued by an approved body that a model of a toy conforms with the essential safety requirements applicable to that toy;

“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993(1);

“essential safety requirements” means the requirements in Annex II of the Toys Directive which is set out in Schedule 2;

“harmonised standard” means a technical specification adopted by the European Committee for Standardisation or the European Committee for Electrotechnical Standardisation or both, upon a remit from the Commission of the Communities in accordance with Council Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations(2) as amended by the Treaty of Accession of 12th June 1985(3), Council Directive 88/182/EEC(4), Commission Decision 92/400/EEC(5) and European Parliament and Council Directive 94/10/EEC(6);

“member State” means a State which is a Contracting Party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the state of Liechtenstein;

“relevant national standard” means a standard the reference number of which is published—

(a)

in the United Kingdom, by the Secretary of State in such manner as he considers appropriate, or

(b)

in another member State of the Community,

and which corresponds to a harmonised standard the reference number of which is published in the Official Journal of the European Communities;

“supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and cognate expressions shall be construed acccordingly;

“toy” means any product or material designed or clearly intended for use in play by children of less than 14 years of age, but excluding those products specified in Schedule 3; and

“the Toys Directive” means Council Directive 88/378/EEC on the approximation of the laws of the member States concerning the safety of toys(7) as amended by Council Directive 93/68/EEC(8).

(2) “approved body” in regulation 9 (except “approved bodies” in paragraph (5) of that regulation) means a body approved by the Secretary of State pursuant to regulation 8 and elsewhere in these Regulations (including the above-mentioned reference in regulation 9(5)) means a body so approved or one approved by another member State of the Community for the purposes of the Toys Directive.

(3) Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.

Commencement Information

I1 Reg. 3 in force at 24.2.1995, see reg. 1(1)

(1)

Protocol 47 and certain Annexes to the EEA Agreement were amended by Decision No. 7/94 of the EEA Joint Committee of 21st March 1994 which came into force on 1st July 1994 (OJ No. L 160, 28.6.1994, p. 1). Council Directive 93/68/EEC was added to Chapter XXII of Annex II to the EEA Agreement by item P in Annex 3 to the said Decision No. 7/94.

(2)

OJ No. L 109, 26.4.1983, p. 8.

(3)

Signed in Madrid and Lisbon and coming into force on 1st January 1986, OJ No. L 302, 1985.

(4)

OJ No. L 81, 26.3.1988, p. 75.

(5)

OJ No. L 221, 6.8.1992, p. 55.

(6)

OJ No. L 100, 19.4.1994, p. 30.

(7)

OJ No. L 187, 16.7.1988, p. 1.

(8)

OJ No. L 220, 30.8.1993, p. 1.