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The Toys (Safety) Regulations 2011
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- UK Statutory Instruments
- 2011 No. 1881
- PART 4
- Regulation 44
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There are currently no known outstanding effects for the The Toys (Safety) Regulations 2011, Section 44.
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Issue and content of [F2Type] examination certificate, and refusal and appeal against refusal to issue certificateE+W+S
This section has no associated Explanatory Memorandum
44.—(1) [F3An approved] body who has performed [F4a Type] examination in relation to a toy must comply with the provisions of Module B relating to the issue of (or refusal to issue) [F4a Type] examination certificate.
(2) [F4A Type] examination certificate must include—
(a)a reference to [F5these Regulations];
(b)a colour image of the toy;
(c)a clear description of the toy, including its dimensions;
(d)a list of the tests performed during the [F6Type] examination of the toy; and
(e)a reference to the test report for each listed test.
(3) [F7An approved] body must refuse to issue [F4a Type] examination certificate if—
(a)in the body's opinion the toy will not comply with the essential safety requirements during its foreseeable and normal period of use;
(b)the body is aware that [F4a Type] examination certificate that was previously issued in relation to the toy has been withdrawn by any [F8approved] body; or
(c)the body is aware that [F9an approved] body has previously refused to issue [F4a Type] examination certificate in relation to the toy.
(4) But sub-paragraphs (b) and (c) of paragraph (3) do not preclude [F10an approved body] from issuing [F4a Type] examination certificate if, following the withdrawal of, or refusal to issue, [F4a Type] examination certificate, the manufacturer has taken corrective measures in relation to the toy which have the effect that the toy will comply with the essential safety requirements during its foreseeable and normal period of use.
(5) If [F11an approved body] has refused to issue [F4a Type] examination certificate under paragraph (3)(a), the body must inform the manufacturer of the corrective measures which in the body's view the manufacturer needs to take in relation to the toy.
(6) [F12an approved body] must make provision for a manufacturer to appeal against a refusal by the body to issue [F4a Type] examination certificate in relation to a toy.
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. 44 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. 32(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. 44(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. 32(c) (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. 44 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. 32(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)
F5Words in reg. 44(2)(a) 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. 32(d) (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F6Word in reg. 44(2)(d) 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. 32(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)
F7Words in reg. 44(3) substituted (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. 32(c) (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in reg. 44(3)(c) 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. 32(e) (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in reg. 44(3)(c) 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. 32(f) (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in reg. 44(4) 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. 32(g) (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in reg. 44(5) 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. 32(g) (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
F12Words in reg. 44(6) 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. 32(g) (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Issue and content of EC-type examination certificate, and refusal and appeal against refusal to issue certificateN.I.
44.—(1) A UK notified body who has performed an EC-type examination in relation to a toy must comply with the provisions of Module B relating to the issue of (or refusal to issue) an EC-type examination certificate.
(2) An EC-type examination certificate must include—
(a)a reference to the Directive;
(b)a colour image of the toy;
(c)a clear description of the toy, including its dimensions;
(d)a list of the tests performed during the EC-type examination of the toy; and
(e)a reference to the test report for each listed test.
(3) A UK notified body must refuse to issue an EC-type examination certificate if—
(a)in the body's opinion the toy will not comply with the essential safety requirements during its foreseeable and normal period of use;
(b)the body is aware that an EC-type examination certificate that was previously issued in relation to the toy has been withdrawn by any notified body; or
(c)the body is aware that a notified body has previously refused to issue an EC-type examination certificate in relation to the toy.
(4) But sub-paragraphs (b) and (c) of paragraph (3) do not preclude a UK notified body from issuing an EC-type examination certificate if, following the withdrawal of, or refusal to issue, an EC-type examination certificate, the manufacturer has taken corrective measures in relation to the toy which have the effect that the toy will comply with the essential safety requirements during its foreseeable and normal period of use.
(5) If a UK notified body has refused to issue an EC-type examination certificate under paragraph (3)(a), the body must inform the manufacturer of the corrective measures which in the body's view the manufacturer needs to take in relation to the toy.
(6) A UK notified body must make provision for a manufacturer to appeal against a refusal by the body to issue an EC-type examination certificate in relation to a toy.
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