Regulation 39D Powers to amend Appendix A to Schedule 2F1
England, Wales and Scotland
Where the conditions set out in paragraph (3)(a) and (b) are met, the Secretary of State may by regulations amend Appendix A to Schedule 2 to allow substances or mixtures classified as carcinogenic, mutagenic or toxic for reproduction of the categories laid down in Section 4 of Appendix B of Schedule 2 to be used in toys, in components of toys or micro-structurally distinct parts of toys.
Where the conditions set out in paragraphs (3)(a), (b) and (c) are met, the Secretary of State may by regulations amend Appendix A to Schedule 2 to allow substances or mixtures classified as carcinogenic, mutagenic or toxic for reproduction of the categories laid down Section 3 of Appendix B of Schedule 2 to be used in toys, in components of toys or micro-structurally distinct parts of toys.
The conditions referred to in paragraphs (1) and (2) are—
the Secretary of State considers that there is sufficient scientific evidence to demonstrate that the use of substances or mixtures that are classified as carcinogenic, mutagenic or toxic for reproduction of the categories laid down in Section 5 of Appendix B to Schedule 2 are safe for use in toys, particularly in view of exposure;
the substance or mixture is not prohibited for use in consumer articles by Regulation (EC) 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) establishing a European Chemicals Agency, amending Directive 19999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/105/EC and 2000/21/EC.
there are no suitable alternative substances or mixtures available, as documented in an analysis of alternatives; and
Regulations made under paragraph (1) or (2) may—
make different provisions for different cases; and
make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate.
Regulations made under this regulation are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
The Secretary of State must—
carry out a review of regulations made under paragraph (1) or (2);
set out the conclusions of the review in a report; and
publish the report.
A review to which paragraph (6) refers must be made—
as soon as any safety concerns arise; and
at intervals not exceeding five years beginning with the date regulations made under paragraph (1) or (2) come into force.
Annotations
Textual amendments
- F1
Regs. 39A-39AB and Pt. 2A (regs. 39B-39E) 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. 27 (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2; and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(e)(vi); and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 9(4)); 2020 c. 1, Sch. 5 para. 1(1)