Regulation 53 Enforcement action in cases of toys presenting a riskE1

England, Wales and Scotland

(1)

This regulation applies where—

(a)

an enforcement authority or other person has taken any action under the 1987 Act or the GPSR to ensure that a toy which presents a serious risk requiring rapid intervention is recalled, withdrawn or prohibited from being made available on the market; or

(b)

an enforcement authority has sufficient reason to believe that a toy presents a risk to the health or safety of persons.

(2)

An enforcement authority—

(a)

must carry out an evaluation in relation to the toy covering all the requirements of these Regulations;

(b)

may require the relevant economic operator to take appropriate corrective action to bring the toy into compliance with these Regulations;

(c)

may serve a withdrawal notice under regulation 14(1) GPSR;

(d)

may serve a recall notice under regulation 15(1) GPSR.

(3)

For the purposes of taking an action referred to in paragraph (2)(c) or (d), regulations 14, 15, 16 and 17 of the GPSR are applicable.

(4)

Where a notice is served under paragraph 2(c) or (d) the grounds for serving the notice that would otherwise apply under the GPSR are satisfied by complying with this regulation.

F1(5)

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Annotations

Textual amendments

F1: Reg. 53(5) 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. 40 (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