# The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020, Paragraph 5


(1) The Toys (Safety) Regulations 2011 are amended as follows.
(2) In regulation 3, after the definition of “toy” insert—
““UK(NI) indication” means the marking in the form set out in Schedule 1 to the Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020;”.
(3) After regulation 15 insert—
“UK(NI) indication
15A. (1) Where the CE marking is affixed on the basis of an assessment or a certificate issued by a UK notified body, a UK(NI) indication must be affixed in relation to the toy, in accordance with this regulation.
(2) The UK(NI) indication must be affixed—
(a) visibly, legibly and indelibly; and
(b) before a toy is placed on the market in Northern Ireland.
(3) The UK(NI) indication must be affixed wherever the CE marking is affixed, in accordance with regulation 18.
(4) The UK(NI) indication must be affixed by—
(a) the manufacturer; or
(b) the manufacturer’s authorised representative who has been appointed by the manufacturer in accordance with regulation 25(1) to affix the UK(NI) indication on the manufacturer’s behalf.
(5) When placing a toy on the market in Northern Ireland, an importer must ensure that the manufacturer has complied with their obligations under this regulation.
Register of UK notified bodies
15B. (1) The Secretary of State must ensure that—
(a) each UK notified body is assigned an identification number; and
(b) there is a register of—
(i) UK notified bodies;
(ii) their notified body identification number;
(iii) the activities for which they have been notified;
(iv) any restrictions on those activities.
(2) The Secretary of State must ensure that the register referred to in paragraph (1) is maintained and made publicly available.
(3) The Secretary of State may authorise the United Kingdom Accreditation Service to compile and maintain the register in accordance with paragraph (1)(b).”.
(4) After regulation 39(2) insert—
“(2A) Paragraph (2) does not apply to the UK(NI) indication.”.”
(5) After regulation 52(1)(b) insert—
“(ba) a UK(NI) indication—
(i) has not been affixed, in contravention of regulation 15A(1); or
(ii) has been affixed but any provision of regulation 15A has not been complied with or has been contravened.”.
(6) After regulation 55 insert—
“Offence in respect of UK(NI) indication
55A. (1) Regulation 15A is to be treated as if it were a safety regulation made under section 11 of the Consumer Protection Act 1987.
(2) Notwithstanding section 12(5) of the Consumer Protection Act 1987, any person guilty of an offence under that section of contravening regulation 15A is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”.

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Source: https://www.legislation.gov.uk/ukdsi/2020/9780348213393/schedule/2/paragraph/5 (the official version)
Page: https://openlegislation.uk/draft-product-safety-and-metrology-etc-amendment-etc-ukni-indication-eu-exit-regulations-2020/schedule-2/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.