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Regulation 47 Instructions to approved bodies in relation to Type examination certificatesF6F7E1

England, Wales and Scotland

(1)

An enforcement authority may request F1an approved body to provide to it, within such period as the body may specify, information relating to—

(a)

F2a Type examination certificate which that body has issued or withdrawn in relation to a toy; or

(b)

a refusal by that body to issue a Type examination certificate in relation to a toy.

(2)

The information which may be requested under paragraph (1) includes test reports and the technical documentation which relate to the toy.

(3)

The F3approved body must comply with the request.

(4)

If an enforcement authority forms the opinion that a toy will not comply with the essential safety requirements during its foreseeable and normal period of use, it must, where appropriate, require an approved body who issued a Type examination certificate in relation to the toy to withdraw it.

(5)

An enforcement authority must, where it considers it to be necessary, require an approved body to review a Type examination certificate issued by that body in relation to a toy.

(6)

The following are examples of when an enforcement authority may consider it to be necessary to impose a requirement under paragraph (5)—

(a)

where any change has been made to the following without the certificate having been reviewed by F4an approved body—

(i)

the manufacturing process for the toy;

(ii)

any raw material used in the toy; or

(iii)

any component of the toy;

(b)

where 5 years have elapsed since the certificate was issued without it having being reviewed by an approved body;

(c)

where 5 years have elapsed since the certificate was last reviewed by an approved body without it having being reviewed again by an approved body.

(7)

The F5approved body must comply with a requirement imposed under paragraph (5).

Annotations

Textual amendments

F1

Words in reg. 47 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. 35(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)

F2

Words in reg. 47 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. 35(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)

F3

Word in reg. 47(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. 35(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)

F4

Words in reg. 47 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. 35(c) (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

Word in reg. 47(7) 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. 35(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)

F6

Word in reg. 47 heading 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. 35(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)

F7

Word in reg. 47 heading 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. 35(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

Notes on Part 4

Textual amendments

F1

Word in Pt. 4 heading 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. 29 (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)