PART 4 U.K. Functions of [F1 UK Notified] [F1 Approved] Bodies

Textual Amendments

F1 Word in Pt. 4 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. 29 (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 [F2 Type] examinations E+W+S

43.—(1)  [F3 An approved] body performing [F4 a 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 [F5 Type] examination to be performed in the manner specified in the second indent of point 2 (combination of product type and design type).

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

F2 Word 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)

F3 Words 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)

F4 Words 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)

F5 Word 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 examinations N.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).