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Statutory Instruments

2012 No. 2963

Consumer Protection

The Product Safety Amendment and Revocation Regulations 2012

Made

24th November 2012

Laid before Parliament

28th November 2012

Coming into force

6th April 2013

The Secretary of State makes these Regulations in exercise of the powers conferred by section 11 of the Consumer Protection Act 1987(1).

In accordance with section 11(5) of that Act the Secretary of State has consulted such organisations as appear to him to be representative of interests substantially affected by these Regulations and such other persons as he considers appropriate.

Citation and Commencement

1.  These Regulations may be cited as the Product Safety Amendment and Revocation Regulations 2012 and come into force on 6th April 2013.

Amendment

2.  For Regulation 15 of the Pyrotechnic Articles (Safety) Regulations 2010(2) substitute—

15.(1) No person shall supply—

(a)a Christmas cracker to any person under the age of twelve years;

(b)any other category 1 firework to any person under the age of sixteen years.

(2) No person shall supply a category 2 or 3 firework to any person under the age of eighteen years.

(3) In this Regulation—

“Christmas cracker” means a paper or foil tube, crimped at each end, enclosing novelties and with one or more snaps running along the length of the tube; and

“snap” means two overlapping strips of cardboard or paper, or two strings, with a friction-sensitive pyrotechnic composition in sliding contact with an abrasive surface and designed to be held in the hand..

Revocation

3.  The Pencils and Graphic Instruments (Safety) Regulations 1998(3) are revoked.

Jo Swinson

Parliamentary Under Secretary of State for Employment Relations, Consumer and Postal Affairs

Department for Business, Innovation and Skills

24th November 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend and revoke two statutory instruments relating to product safety.

Regulation 2 amends the Pyrotechnic Articles (Safety Regulations) 2010 to substitute a lower age restriction for the supply of a Christmas cracker which is a category 1 firework. This is in line with the minimum limit set by Directive 2007/23/EC on the placing on the market of pyrotechnic articles (OJ L154, 14/6/2007, p.1).

Regulation 3 revokes the Pencils and Graphic Instruments (Safety) Regulations 1998.

An impact assessment of the effect that this instrument will have on the costs to business and the voluntary sector is available from the BIS website (www.bis.gov.uk). It is annexed to the Explanatory Memorandum which is available alongside a copy of the instrument at: www.legislation.gov.uk.

(1)

1987 c. 43. Subsection (5) was amended by S.I. 2008/960.

(2)

S.I. 2010/1554 to which there are amendments not relevant to these Regulations.