Regulation 3 InterpretationF1I1
United Kingdom
In these Regulations, unless the context otherwise requires—
“the 1987 Act” means the Consumer Protection Act 1987;“approved model” means a model of a toy in respect of which an EC type-examination certificate is in force;“CE marking” means the CE conformity marking referred to in regulation 10 consisting of the initials “CE” taking the form of the specimen given in Schedule 1;“theF2European Union” means theEuropean Unionand other member States except that for the purposes of paragraph (1) of regulation 2, it means theEuropean Union;“EC type-examination certificate” means a certificate issued by an approved body that a model of a toy conforms with the essential safety requirements applicable to that toy;“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993f1;“essential safety requirements” means the requirements in Annex II of the Toys Directive which is set out in Schedule 2;“harmonised standard” means a technical specification adopted by the European Committee for Standardisation or the European Committee for Electrotechnical Standardisation or both, upon a remit from the Commission of theEuropean Unionin accordance with Council Directive83/189/EEClaying down a procedure for the provision of information in the field of technical standards and regulationsf2as amended by the Treaty of Accession of 12th June 1985f3, Council Directive88/182/EECf4, Commission Decision92/400/EECf5and European Parliament and Council Directive94/10/EECf6;“member State” means a State which is a Contracting Party to the EEA Agreement but until the EEA Agreement comes into force in relation to Liechtenstein does not include the state of Liechtenstein;“relevant national standard” means a standard the reference number of which is published—- (a)
in the United Kingdom, by the Secretary of State in such manner as he considers appropriate, or - (b)
in another member State of theEuropean Union,
and which corresponds to a harmonised standard the reference number of which is published in the Official Journal of theEuropean Union;- (a)
“supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and cognate expressions shall be construed acccordingly;“toy” means any product or material designed or clearly intended for use in play by children of less than 14 years of age, but excluding those products specified in Schedule 3; and“the Toys Directive” means Council Directive88/378/EECon the approximation of the laws of the member States concerning the safety of toysf7as amended by Council Directive93/68/EECf8F3and byF4paragraphs 1, 2, 4 and 6 of Article 2of Council Directive2008/112/ECof the European Parliament and of the Council of 16 December 2008 amending Council Directives76/768/EEC,88/378/EEC,1999/13/ECand Directives2000/53/EC,2002/96/ECand2004/42/ECof the European Parliament and of the Council in order to adapt them to Regulation(EC) No 1272/2008on classification, labelling and packaging of substances and mixtures.
“approved body” in regulation 9 (except “approved bodies” in paragraph (5) of that regulation) means a body approved by the Secretary of State pursuant to regulation 8 and elsewhere in these Regulations (including the above-mentioned reference in regulation 9(5)) means a body so approved or one approved by another member State of the European Union for the purposes of the Toys Directive.
Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations.
Annotations
Textual amendments
- F1
Regulations revoked (with savings) (19.8.2011) by The Toys (Safety) Regulations 2011 (S.I. 2011/1881), regs. 1(2), 2(1) (with reg. 2(2)); and Regulations (as saved) modified (31.12.2020) by S.I. 2011/1881, reg. 2(2)(2A) (as amended by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 15 para. 2(1)(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))
- F2
Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6
- F3
Words in reg. 3(1) inserted (27.8.2010) by The Toys (Safety) (Amendment) Regulations 2010 (S.I. 2010/1928), regs. 1(2), 2(2)
- F4
Words in reg. 3(1) substituted (1.12.2010) by The Toys (Safety) (Amendment) Regulations 2010 (S.I. 2010/1928), regs. 1(2), 3(2)
Commencement
- I1
Reg. 3 in force at 24.2.1995, see reg. 1(1)
Footnotes
- f1
-
Protocol 47 and certain Annexes to the EEA Agreement were amended by Decision No. 7/94 of the EEA Joint Committee of 21st March 1994 which came into force on 1st July 1994 (OJ No. L 160, 28.6.1994, p. 1). Council Directive 93/68/EEC was added to Chapter XXII of Annex II to the EEA Agreement by item P in Annex 3 to the said Decision No. 7/94.
- f2
-
OJ No. L 109, 26.4.1983, p. 8.
- f3
-
Signed in Madrid and Lisbon and coming into force on 1st January 1986, OJ No. L 302, 1985.
- f4
-
OJ No. L 81, 26.3.1988, p. 75.
- f5
-
OJ No. L 221, 6.8.1992, p. 55.
- f6
-
OJ No. L 100, 19.4.1994, p. 30.
- f7
-
OJ No. L 187, 16.7.1988, p. 1.
- f8
-
OJ No. L 220, 30.8.1993, p. 1.