Regulation 6 Presumption of conformityE1

Where, in the absence of specific provisions in F1any relevant enactment governing the safety of a product, the product conforms to the specific rules of F2any other law of part of the United Kingdom laying down the health and safety requirements which the product must satisfy in order to be marketed in the United Kingdom, the product shall be deemed safe so far as concerns the aspects covered by such rules.

Where a product conforms to a F3standard (“S”) which—

the product shall be presumed to be a safe product so far as concerns the risks and categories of risk covered by that national standard. The Secretary of State shall publish the reference number of such national standards in such manner as he considers appropriate.

The conditions referred to in paragraph (2) are that—

In circumstances other than those referred to in paragraphs (1) and (2), the conformity of a product to the general safety requirement shall be assessed taking into account—

Conformity of a product with the criteria designed to ensure the general safety requirement is complied with, in particular the provisions mentioned in paragraphs (1) to (3), shall not bar an enforcement authority from exercising its powers under these Regulations in relation to that product where there is evidence that, despite such conformity, it is dangerous.

In this regulation “international standardising body” has the same meaning as it has for the purposes of the Agreement on Technical Barriers to Trade, part of Annex 1A to the agreement establishing the World Trade Organisation signed at Marrakesh on 15 April 1994 (as modified from time to time).