The Toys (Safety) Regulations 2011

Instructions to UK notified bodies in relation to EC-type examination certificates

47.—(1) An enforcement authority may request a UK notified body to provide to it, within such period as the body may specify, information relating to—

(a) an EC-type examination certificate which that body has issued or withdrawn in relation to a toy; or

(b) a refusal by that body to issue an EC-type examination certificate in relation to a toy.

(2) The information which may be requested under paragraph (1) includes test reports and the technical documentation which relate to the toy.

(3) The UK notified body must comply with the request.

(4) If an enforcement authority forms the opinion that a toy will not comply with the essential safety requirements during its foreseeable and normal period of use, it must, where appropriate, require a UK notified body who issued an EC-type examination certificate in relation to the toy to withdraw it.

(5) An enforcement authority must, where it considers it to be necessary, require a UK notified body to review an EC-type examination certificate issued by that body in relation to a toy.

(6) The following are examples of when an enforcement authority may consider it to be necessary to impose a requirement under paragraph (5)—

(a) where any change has been made to the following without the certificate having been reviewed by a notified body—

(i) the manufacturing process for the toy;

(ii) any raw material used in the toy; or

(iii) any component of the toy;

(b) where 5 years have elapsed since the certificate was issued without it having being reviewed by a notified body;

(c) where 5 years have elapsed since the certificate was last reviewed by a notified body without it having being reviewed again by a notified body.

(7) The UK notified body must comply with a requirement imposed under paragraph (5).