OpenLegislation

Regulation 39 Protection of UK markingF1E1

England, Wales and Scotland

(1)

A person must not affix a UK marking in relation to a toy unless—

(a)

the person is—

(i)

the manufacturer; or

(ii)

an authorised representative of the manufacturer who has been appointed by the manufacturer F2... to affix the UK marking on the manufacturer's behalf; and

(b)

it has been demonstrated by performance of the applicable conformity assessment procedure that the toy will comply with the essential safety requirements during its foreseeable and normal period of use.

(2)

A person must not affix any marking in relation to a toy which—

(a)

is not a UK marking; but

(b)

purports to attest that the toy satisfies the essential safety requirements.

(3)

A person must not affix in relation to a toy any marking, sign or inscription which is likely to mislead any other person as to the meaning or form of the UK marking affixed in relation to the toy.

(4)

Any other marking may be affixed in relation to a toy provided that the visibility, legibility and meaning of the UK marking is not thereby impaired.

Annotations

Textual amendments

F1

Word in reg. 39 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. 26(a) (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 reg. 39(1)(a)(ii) 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. 26(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)

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