OpenLegislation

The Toys (Safety) Regulations 2011

S.I. 2011/1881 · Made 24 July 2011 · Extends to United Kingdom

Not fully up to date. 4 changes made by later legislation have not yet been written into this text, which is revised to 27 February 2025.

See the changes not yet applied
ProvisionChangeMade by
Sch. 7 para. 1(1)word omittedTreatment of Conformity Assessment Bodies (Comprehensive Economic and Trade Agreement between the Government of Great Britain and Northern Ireland and the Government of the Republic of India) 2026 reg. 2(a)
Sch. 7 para. 1(1)(c) and wordinsertedTreatment of Conformity Assessment Bodies (Comprehensive Economic and Trade Agreement between the Government of Great Britain and Northern Ireland and the Government of the Republic of India) 2026 reg. 2(b)
reg. 3words substitutedToys (Safety) (Permitted Uses for Cobalt) (England and Wales and Scotland) 2026 reg. 2(2)
Sch. 2 Tableword insertedToys (Safety) (Permitted Uses for Cobalt) (England and Wales and Scotland) 2026 reg. 2(3) Sch.

Consumer Protection

Made 24th July 2011

Laid before Parliament 29th July 2011

Coming into force 19th August 2011

M1M2The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to consumer protection.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of an EU instrument to be construed as a reference to those provisions as amended from time to time.

M3In accordance with section 11(5) of the Consumer Protection Act 1987 the Secretary of State has consulted such organisations as appear to him to be representative of interests substantially affected by the proposal to make these Regulations and such other persons as he considers appropriate.

The Secretary of State makes regulations 1 to 39 in exercise of his powers conferred by section 11 of the Consumer Protection Act 1987 M4, and paragraph 1A of Schedule 2 to the European Communities Act 1972(M5, and all other regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972.C1

Annotations to the whole text

Marginal citations

M1

S.I. 1993/2661.

M2

1972 c.68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1)(a) and by the European Union (Amendment) Act 2008 (c.7), section 3(3) and Schedule, Part 1.

M3

1987 c.43.

M4

Section 11(1) was amended by S.I. 2005/1803.

M5

1972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51) and was amended by the European Union (Amendment) Act 2008 (c.7), section 3(3) and Schedule, Part 1.

Modifications

C1

Regulations modified (19.6.2021) by The Conformity Assessment (Mutual Recognition Agreements) and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2021 (S.I. 2021/730), regs. 1, 4, Sch. 1 para. 4

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Revocation, saving and amendment
  4. 2ATransitional provision in relation to EU Exit
  5. 3Interpretation
  6. 3ADesignated standard
  7. 3BAnnexes to EU legislation as Schedules
  8. 4Toys to which these Regulations apply
  9. 5Essential safety requirements
  10. 6Particular safety requirements for toys placed on the market before 20th July 2013
  11. 7Presumption of conformity
  12. 8Exception for trade fairs or exhibitions
  13. 9Parts 1 and 2 are safety regulations within the meaning of the 1987 Act
  14. Part 2: Prohibitions and Obligations on Economic Operators
  15. Manufacturers and their authorised representatives
  16. 10Prohibitions on placing toys on the market
  17. 11Design and manufacture of toys in accordance with essential safety requirements
  18. 12Safety assessment
  19. 13Applicable conformity assessment procedures
  20. 14Application for Type examination
  21. 15Declaration of conformity and UK marking
  22. 15AUK(NI) indication
  23. 15BRegister of UK notified bodies
  24. 16Regulation 16
  25. 17Technical documentation and correspondence relating to Type examination
  26. 18Toys to bear UK marking
  27. 19Information identifying toy and manufacturer
  28. 20Instructions for use, safety information and warnings
  29. 21Compliance procedures for series production
  30. 22Submission of Type examination certificate for review
  31. 23Monitoring of toys
  32. 24Non-compliant toys and toys presenting a risk
  33. 25Manufacturer's authorised representative
  34. Importers
  35. 26Prohibitions on placing toys on the market
  36. 27Information identifying importer
  37. 28Storage or transport of toys
  38. 29Monitoring of toys
  39. 30Non-compliant toys and toys presenting a risk
  40. 31Duties to retain and provide information
  41. 32Duty in certain circumstances to comply with manufacturers' duties in place of importers' duties
  42. Distributors
  43. 33Duty to act with due care and prohibitions on making toys available on the market
  44. 34Storage or transport of toys under distributor's responsibility
  45. 35Non-compliant toys and toys presenting a risk
  46. 36Duty to provide information Repealed
  47. 37Duty in certain circumstances to comply with manufacturers' duties in place of distributors' duties
  48. All economic operators
  49. 38Identification of economic operators to enforcement authorities
  50. 39Protection of UK marking
  51. 39AObligations which are met by complying with obligations in the Directive
  52. 39AAFurther use of UK marking
  53. 39ABQualifying Northern Ireland Goods
  54. Part 2A: Powers and duties of the Secretary of State in relation to toys
  55. 39BPower to amend Schedules 1, 2 and 5
  56. 39CPower to amend Appendix C to Schedule 2
  57. 39DPowers to amend Appendix A to Schedule 2
  58. 39EDuty of the Secretary of State to evaluate use of hazardous substances
  59. Part 3: Designation of Notified BodiesApproval of Conformity Assessment Bodies
  60. 40Designation of UK notified bodies
  61. 40AApproved bodies
  62. 40BApproval of conformity assessment bodies
  63. 40CPresumption of conformity of approved bodies
  64. 40DMonitoring
  65. 40ERestriction, suspension or withdrawal of approval
  66. 40FOperational matters in relation to approved bodies
  67. 40GSubsidiaries and contractors
  68. 40HRegister of approved bodies
  69. 41UK national accreditation body
  70. Part 4: Functions of UK Notified Approved Bodies
  71. 42Duty to perform Type examinations
  72. 43Performance of Type examinations
  73. 44Issue and content of Type examination certificate, and refusal and appeal against refusal to issue certificate
  74. 45Action (after issue of Type examination certificate) where a toy fails to comply with essential safety requirements
  75. 46Provision of information by approved bodies to other approved bodies
  76. 47Instructions to approved bodies in relation to Type examination certificates
  77. 48Participation by UK notified bodies in sectoral groups of notified bodies
  78. 49Subcontracting by a UK notified body
  79. 50Charging of fees by approved body
  80. 51Provision of information by approved bodies to the Secretary of State
  81. Part 5: Enforcement
  82. 52Enforcement action in cases of formal non-compliance
  83. 53Enforcement action in cases of toys presenting a risk
  84. 54Notification of enforcement action taken in cases of toys presenting a risk
  85. 55Requirements relating to certain measures taken by enforcement authorities or other persons
  86. 55AOffence in respect of UK(NI) indication
  87. 56Commencement of proceedings
  88. 57Amendment to the General Product Safety Regulations 2005
  89. Part 6: Review
  90. 58Review
  91. Signature
  92. Schedule 1: PRODUCTS THAT ARE NOT TOYS (Annex I to the Directive)
  93. 1Paragraph 1
  94. 2Paragraph 2
  95. 3Paragraph 3
  96. 4Paragraph 4
  97. 5Paragraph 5
  98. 6Paragraph 6
  99. 7Paragraph 7
  100. 8Paragraph 8
  101. 9Paragraph 9
  102. 10Paragraph 10
  103. 11Paragraph 11
  104. 12Paragraph 12
  105. 13Paragraph 13
  106. 14Paragraph 14
  107. 15Paragraph 15
  108. 16Paragraph 16
  109. 17Paragraph 17
  110. 18Paragraph 18
  111. 19Paragraph 19
  112. 20Paragraph 20
  113. Schedule 2: PARTICULAR SAFETY REQUIREMENTS (Annex II to the Directive)
  114. Part 1: Physical and Mechanical Properties
  115. 1Paragraph 1
  116. 2Paragraph 2
  117. 3Paragraph 3
  118. 4Paragraph 4
  119. 5Paragraph 5
  120. 6Paragraph 6
  121. 7Paragraph 7
  122. 8Paragraph 8
  123. 9Paragraph 9
  124. 10Paragraph 10
  125. 11Paragraph 11
  126. Part 2: Flammability
  127. 1Paragraph 1
  128. 2Paragraph 2
  129. 3Paragraph 3
  130. 4Paragraph 4
  131. Part 3: Chemical Properties
  132. 1Paragraph 1
  133. 2Paragraph 2
  134. 3Paragraph 3
  135. 4Paragraph 4
  136. 5Paragraph 5
  137. 6Paragraph 6
  138. 7Paragraph 7
  139. 8Paragraph 8
  140. 9Paragraph 9
  141. 10Paragraph 10
  142. 11Paragraph 11
  143. 12Paragraph 12
  144. 13Paragraph 13
  145. Part 4: Electrical Properties
  146. 1Paragraph 1
  147. 2Paragraph 2
  148. 3Paragraph 3
  149. 4Paragraph 4
  150. 5Paragraph 5
  151. 6Paragraph 6
  152. 7Paragraph 7
  153. 8Paragraph 8
  154. 9Paragraph 9
  155. Part 5: Hygiene
  156. 1Paragraph 1
  157. 2Paragraph 2
  158. 6Radioactivity
  159. AList of CMR substances and their permitted uses in accordance with points 4, 5 and 6 of Part III
  160. BClassification of Substances and Mixtures
  161. CAppendix C
  162. Schedule 3: DECLARATION OF CONFORMITY
  163. 1Paragraph 1
  164. 2Paragraph 2
  165. 3Paragraph 3
  166. 4Paragraph 4
  167. 5Paragraph 5
  168. 6Paragraph 6
  169. 7Paragraph 7
  170. 8Paragraph 8
  171. Schedule 4TECHNICAL DOCUMENTATION (Annex IV to the Directive)
  172. Schedule 5: WARNINGS (Annex V to the Directive)
  173. AGENERAL WARNINGS
  174. Part B: SPECIFIC WARNINGS AND INDICATIONS OF PRECAUTIONS TO BE TAKEN WHEN USING CERTAIN CATEGORIES OF TOYS
  175. 1Paragraph 1
  176. 2Paragraph 2
  177. 3Paragraph 3
  178. 4Paragraph 4
  179. 5Paragraph 5
  180. 6Paragraph 6
  181. 7Paragraph 7
  182. 8Paragraph 8
  183. 9Paragraph 9
  184. 10Paragraph 10
  185. Schedule 6: CONFORMITY ASSESSMENT PROCEDURES (Annex II to Decision No 768/2008/EC)
  186. Part MODULE A: Internal production control
  187. 1Paragraph 1
  188. 2Technical documentation
  189. 3Manufacturing
  190. 4.1UK marking and declaration of conformity
  191. 4.2Paragraph 4.2
  192. 5Authorised representative
  193. Part MODULE B: Type examination
  194. 1Paragraph 1
  195. 2Paragraph 2
  196. 3Paragraph 3
  197. 4Paragraph 4
  198. 4.1Paragraph 4.1
  199. 4.2Paragraph 4.2
  200. 4.3Paragraph 4.3
  201. 4.4Paragraph 4.4
  202. 4.5Paragraph 4.5
  203. 5Paragraph 5
  204. 6Paragraph 6
  205. 7Paragraph 7
  206. 8Paragraph 8
  207. 9Paragraph 9
  208. 10Paragraph 10
  209. Part MODULE C: Conformity to type based on internal production control
  210. 1Paragraph 1
  211. 2Manufacturing
  212. 3.1Conformity marking and declaration of conformity
  213. 3.2Paragraph 3.2
  214. 4Authorised representative
  215. Schedule 7: Approved body requirements
  216. 1Paragraph 1
  217. 2Paragraph 2
  218. 3Paragraph 3
  219. 4Paragraph 4
  220. 5Paragraph 5
  221. 6Paragraph 6
  222. 7Paragraph 7
  223. 8Paragraph 8
  224. 9Paragraph 9
  225. 10Paragraph 10
  226. 11Paragraph 11
  227. 12Paragraph 12
  228. 13Paragraph 13
  229. 14Paragraph 14
  230. 15Paragraph 15
  231. 16Paragraph 16
  232. 17Paragraph 17
  233. Explanatory note