{
  "url": "https://openlegislation.uk/draft-product-safety-and-metrology-etc-amendment-etc-eu-exit-regulations-2019/schedule-15/paragraph-5",
  "json_url": "https://openlegislation.uk/draft-product-safety-and-metrology-etc-amendment-etc-eu-exit-regulations-2019/schedule-15/paragraph-5.json",
  "legislation": "ukdsi/2019/9780111180402",
  "legislation_title": "The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/draft-product-safety-and-metrology-etc-amendment-etc-eu-exit-regulations-2019",
  "path": "schedule/15/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": "Insertion of Regulations 3A and 3B",
  "text": "After regulation 3, insert—\n“Designated standard\n3A. (1) Subject to paragraphs (6) and (7) in these Regulations a “designated standard” means a technical specification which is—\n(a) adopted by a recognised standardisation body, for repeated or continuous application, with which compliance is not compulsory; and\n(b) designated by the Secretary of State by publishing the reference to the standard and maintaining that publication in a manner the Secretary of State considers appropriate;\n(2) For the purposes of subparagraph (a), a “technical specification” means a document that prescribes technical requirements to be fulfilled by a product, process, service or system and which lays down one of more of the following—\n(a) the characteristics required of a product including—\n(i) levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, and\n(ii) the requirements applicable to the product as regards the name under which the product is sold, terminology, symbols, testing and test methods, packaging, marking or labelling and conformity assessment procedures; or\n(b) production methods and processes relating to the products, where these have an effect on their characteristics;\n(3) For the purposes of this regulation a “recognised standardisation body” means any one of the following organisations—\n(a) the European Committee for Standardisation (CEN);\n(b) the European Committee for Electrotechnical Standardisation (Cenelec);\n(c) the European Telecommunications Standards Institute (ETSI);\n(d) the British Standards Institution (BSI);\n(4) When considering whether the manner of publication of a reference in accordance with paragraph (1)(b), the Secretary of State must have regard to whether the publication will draw the standard to the attention of any person who may have an interest in the standard;\n(5) Before publishing the reference to a technical specification adopted by the British Standards Institution, the Secretary of State must have regard to whether the technical specification is consistent with technical specifications adopted by the other recognised standardisation organisations;\n(6) The Secretary of State may remove from publication the reference to a standard which has been published in accordance with paragraph (1)(b).\n(7) Where the Secretary of State removes the reference to a standard from publication, that standard is no longer a designated standard.\n(8) In this regulation a reference to a “product” is a reference to a toy to which these Regulations apply\n(9) The Secretary of State may by regulations amend paragraph (3) to reflect any changes in the name or structure of the recognised standardisation bodies.\n(10) Regulations made under paragraph (9) are to be made by statutory instrument.\n(11) A statutory instrument containing regulations made under paragraph (9) is subject to annulment in pursuance of a resolution of either House of Parliament.\nAnnexes to EU legislation as Schedules\n3B. (1) Schedules 1, 2, 4 and 5 reproduce provisions of the Annexes I, II, IV and V (respectively) to the Directive with amendments to correct deficiencies in retained EU law.\n(2) A reference to a provision of Schedules 1, 2, 4, 5 is a reference to the equivalent provision of the relevant Annex to the Directive as set out in the relevant Schedule.\n(3) Schedule 6 reproduces provisions of Annex II to Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC (“Decision No 768/2008/EC”) which are relevant to these Regulations, as it has effect immediately before exit day, with amendments to correct deficiencies in retained EU law.\n(4) A reference to a provision of Schedule 6 is a reference to the equivalent provision of Annex II of Decision No 768/2008/EC as set out in that Schedule.”.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 218, 13.8.2008, p30."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2019/9780111180402/schedule/15/paragraph/5",
    "retrieved_at": "2026-10-30T15:00:57.296945+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}