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Regulation 3 InterpretationE1

England, Wales and Scotland

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

In these Regulations—

  • “the 1987 Act” means the Consumer Protection Act 1987;

  • F1“the Directive” means Directive 2009/48/EC of the European Parliament and of the Council of 18th June 2009 on the safety of toys;

  • “the GPSR” means the General Product Safety Regulations 2005 M1;

  • F2“ approved body requirements ” has the meaning given to it in regulation 40A;

  • “authorised representative” means a person who has been appointed in accordance with regulation 25(1);

  • F3...

  • “conformity assessment” means the process demonstrating whether specified requirements relating to a toy have been fulfilled;

  • “conformity assessment activities” means activities relating to conformity assessment, including calibration, testing, certification and inspection;

  • F4“ designated standard ” has the meaning given to it in regulation 3A;

  • “distributor” means any person who—

    1. (a)

      is in the supply chain for a toy, other than the manufacturer or the importer; and

    2. (b)

      makes the toy available on the market;

  • “economic operator” means a manufacturer, an authorised representative, an importer or a distributor;

  • “enforcement authority” has the same meaning as in section 45(1) of the 1987 Act;

  • “essential safety requirements” has the meaning given in regulation 5;

  • “harm” means physical injury or any other damage to health, including long-term health effects;

  • F5...

  • “hazard” means a potential source of harm;

  • F6“importer” means a person who—

    1. (a)

      is established in the United Kingdom and places a toy from a country outside of the United Kingdom on the market; or

    2. (b)

      is established in Northern Ireland and places a toy on the market that has been supplied to them for distribution, consumption or use in the course of a commercial activity, whether in return for payment or free of charge, from an EEA state;

  • “intended for use by” means that a parent or supervisor shall reasonably be able to assume by virtue of the functions, dimensions and characteristics of a toy that it is intended for use by children of the stated age group;

  • “make available on the market” means supply in the course of a commercial activity (whether in return for payment or free of charge) for distribution, consumption or use on the EU market, and related expressions shall be construed accordingly;

  • “manufacturer” means a person who—

    1. (a)

      manufactures a toy or has a toy designed or manufactured; and

    2. (b)

      markets that toy under that person's name or trademark;

  • F7“ Module ” means a Module set out in Schedule 6 and Module A, B or C is to be construed accordingly;

  • “notified body designation” has the meaning given in regulation 40;

  • “place on the market” means make a toy available on the EU market for the first time, and related expressions shall be construed accordingly;

  • “recall” means take any measure aimed at achieving the return of a toy that has already been made available to the end user;

  • “risk” means the probable rate of occurrence of a hazard causing harm and the degree of severity of the harm;

  • “supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply;

  • “toy” has the meaning given in regulation 4;

  • “UK notified body” has the meaning given in regulation 40;

  • “withdraw” means take any measure aimed at preventing a toy in the supply chain from being made available on the market.

Annotations

Textual amendments

F1

Words in reg. 3 substituted (E.W.S.) (15.10.2022) by The Toys and Cosmetic Products (Restriction of Chemical Substances) Regulations 2022 (S.I. 2022/659), regs. 1(2), 2(2)

F2

Words in reg. 3 inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 15 para. 4(b) (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2, 4(2); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in reg. 3 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 15 para. 4(d) (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in reg. 3 inserted (E.W.S.)(31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 15 para. 4(e) (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in reg. 3 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 15 para. 4(f) (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in reg. 3 substituted (E.W.S.)(31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 15 para. 4(g) (as substituted by The Product Safety and Metrology etc. (Amendment etc.) (UK(NI) Indication) (EU Exit) Regulations 2020 (S.I. 2020/1460)), reg. 1(4), Sch. 3 para. 9(2)); 2020 c. 1, Sch. 5 para. 1(1)

F7

Words in reg. 3 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 15 para. 4(i) (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Marginal citations

M1

S.I. 2005/1803.

Extent

E1

This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only