Instructions to [F2approved] bodies in relation to [F3Type] examination certificatesE+W+S
47.—(1) An enforcement authority may request [F4an approved] body to provide to it, within such period as the body may specify, information relating to—
(a)[F5a Type] examination certificate which that body has issued or withdrawn in relation to a toy; or
(b)a refusal by that body to issue [F5a 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 [F6approved] 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 [F4an approved] body who issued [F5a Type] examination certificate in relation to the toy to withdraw it.
(5) An enforcement authority must, where it considers it to be necessary, require [F4an approved] body to review [F5a 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 [F7an approved] 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 [F7an approved] body;
(c)where 5 years have elapsed since the certificate was last reviewed by [F7an approved] body without it having being reviewed again by [F7an approved] body.
(7) The [F8approved] body must comply with a requirement imposed under paragraph (5).
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. 47 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. 35(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)
F3Word in reg. 47 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. 35(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)
F4Words in reg. 47 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. 35(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)
F5Words in reg. 47 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. 35(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)
F6Word in reg. 47(3) 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. 35(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. 47 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. 35(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)
F8Word in reg. 47(7) 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. 35(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)
Instructions to UK notified bodies in relation to EC-type examination certificatesN.I.
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).