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The Toys (Safety) Regulations 2011 in Scotland

S.I. 2011/1881 · Made 24 July 2011 · Extends to United Kingdom

Not fully up to date. 4 changes made by later legislation have not yet been written into this text, which is revised to 27 February 2025.

See the changes not yet applied
ProvisionChangeMade by
Sch. 7 para. 1(1)word omittedTreatment of Conformity Assessment Bodies (Comprehensive Economic and Trade Agreement between the Government of Great Britain and Northern Ireland and the Government of the Republic of India) 2026 reg. 2(a)
Sch. 7 para. 1(1)(c) and wordinsertedTreatment of Conformity Assessment Bodies (Comprehensive Economic and Trade Agreement between the Government of Great Britain and Northern Ireland and the Government of the Republic of India) 2026 reg. 2(b)
reg. 3words substitutedToys (Safety) (Permitted Uses for Cobalt) (England and Wales and Scotland) 2026 reg. 2(2)
Sch. 2 Tableword insertedToys (Safety) (Permitted Uses for Cobalt) (England and Wales and Scotland) 2026 reg. 2(3) Sch.

Consumer Protection

Made 24th July 2011

Laid before Parliament 29th July 2011

Coming into force 19th August 2011

M1M2The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to consumer protection.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for certain references to provisions of an EU instrument to be construed as a reference to those provisions as amended from time to time.

M3In accordance with section 11(5) of the Consumer Protection Act 1987 the Secretary of State has consulted such organisations as appear to him to be representative of interests substantially affected by the proposal to make these Regulations and such other persons as he considers appropriate.

The Secretary of State makes regulations 1 to 39 in exercise of his powers conferred by section 11 of the Consumer Protection Act 1987 M4, and paragraph 1A of Schedule 2 to the European Communities Act 1972(M5, and all other regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972.C1

Annotations to the whole text

Marginal citations

M1

S.I. 1993/2661.

M2

1972 c.68. Section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c.51), section 27(1)(a) and by the European Union (Amendment) Act 2008 (c.7), section 3(3) and Schedule, Part 1.

M3

1987 c.43.

M4

Section 11(1) was amended by S.I. 2005/1803.

M5

1972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51) and was amended by the European Union (Amendment) Act 2008 (c.7), section 3(3) and Schedule, Part 1.

Modifications

C1

Regulations modified (19.6.2021) by The Conformity Assessment (Mutual Recognition Agreements) and Weights and Measures (Intoxicating Liquor) (Amendment) Regulations 2021 (S.I. 2021/730), regs. 1, 4, Sch. 1 para. 4

Contents

  1. Part 1: Preliminary
  2. 1Citation and commencement
  3. 2Revocation, saving and amendment
  4. 2ATransitional provision in relation to EU Exit
  5. 3Interpretation
  6. 3ADesignated standard
  7. 3BAnnexes to EU legislation as Schedules
  8. 4Toys to which these Regulations apply
  9. 5Essential safety requirements
  10. 6Particular safety requirements for toys placed on the market before 20th July 2013
  11. 7Presumption of conformity
  12. 8Exception for trade fairs or exhibitions
  13. 9Parts 1 and 2 are safety regulations within the meaning of the 1987 Act
  14. Part 2: Prohibitions and Obligations on Economic Operators
  15. Manufacturers and their authorised representatives
  16. 10Prohibitions on placing toys on the market
  17. 11Design and manufacture of toys in accordance with essential safety requirements
  18. 12Safety assessment
  19. 13Applicable conformity assessment procedures
  20. 14Application for Type examination
  21. 15Declaration of conformity and UK marking
  22. 16Regulation 16
  23. 17Technical documentation and correspondence relating to Type examination
  24. 18Toys to bear UK marking
  25. 19Information identifying toy and manufacturer
  26. 20Instructions for use, safety information and warnings
  27. 21Compliance procedures for series production
  28. 22Submission of Type examination certificate for review
  29. 23Monitoring of toys
  30. 24Non-compliant toys and toys presenting a risk
  31. 25Manufacturer's authorised representative
  32. Importers
  33. 26Prohibitions on placing toys on the market
  34. 27Information identifying importer
  35. 28Storage or transport of toys
  36. 29Monitoring of toys
  37. 30Non-compliant toys and toys presenting a risk
  38. 31Duties to retain and provide information
  39. 32Duty in certain circumstances to comply with manufacturers' duties in place of importers' duties
  40. Distributors
  41. 33Duty to act with due care and prohibitions on making toys available on the market
  42. 34Storage or transport of toys under distributor's responsibility
  43. 35Non-compliant toys and toys presenting a risk
  44. 36Duty to provide information Repealed
  45. 37Duty in certain circumstances to comply with manufacturers' duties in place of distributors' duties
  46. All economic operators
  47. 38Identification of economic operators to enforcement authorities
  48. 39Protection of UK marking
  49. 39AObligations which are met by complying with obligations in the Directive
  50. 39AAFurther use of UK marking
  51. 39ABQualifying Northern Ireland Goods
  52. Part 2A: Powers and duties of the Secretary of State in relation to toys
  53. 39BPower to amend Schedules 1, 2 and 5
  54. 39CPower to amend Appendix C to Schedule 2
  55. 39DPowers to amend Appendix A to Schedule 2
  56. 39EDuty of the Secretary of State to evaluate use of hazardous substances
  57. Part 3: Designation of Notified BodiesApproval of Conformity Assessment Bodies
  58. 40AApproved bodies
  59. 40BApproval of conformity assessment bodies
  60. 40CPresumption of conformity of approved bodies
  61. 40DMonitoring
  62. 40ERestriction, suspension or withdrawal of approval
  63. 40FOperational matters in relation to approved bodies
  64. 40GSubsidiaries and contractors
  65. 40HRegister of approved bodies
  66. Part 4: Functions of UK Notified Approved Bodies
  67. 42Duty to perform Type examinations
  68. 43Performance of Type examinations
  69. 44Issue and content of Type examination certificate, and refusal and appeal against refusal to issue certificate
  70. 45Action (after issue of Type examination certificate) where a toy fails to comply with essential safety requirements
  71. 46Provision of information by approved bodies to other approved bodies
  72. 47Instructions to approved bodies in relation to Type examination certificates
  73. 48Participation by UK notified bodies in sectoral groups of notified bodies
  74. 49Subcontracting by a UK notified body
  75. 50Charging of fees by approved body
  76. 51Provision of information by approved bodies to the Secretary of State
  77. Part 5: Enforcement
  78. 52Enforcement action in cases of formal non-compliance
  79. 53Enforcement action in cases of toys presenting a risk
  80. 54Notification of enforcement action taken in cases of toys presenting a risk
  81. 55Requirements relating to certain measures taken by enforcement authorities or other persons
  82. 56Commencement of proceedings
  83. 57Amendment to the General Product Safety Regulations 2005
  84. Part 6: Review
  85. 58Review
  86. Signature
  87. Schedule 1: PRODUCTS THAT ARE NOT TOYS (Annex I to the Directive)
  88. 1Paragraph 1
  89. 2Paragraph 2
  90. 3Paragraph 3
  91. 4Paragraph 4
  92. 5Paragraph 5
  93. 6Paragraph 6
  94. 7Paragraph 7
  95. 8Paragraph 8
  96. 9Paragraph 9
  97. 10Paragraph 10
  98. 11Paragraph 11
  99. 12Paragraph 12
  100. 13Paragraph 13
  101. 14Paragraph 14
  102. 15Paragraph 15
  103. 16Paragraph 16
  104. 17Paragraph 17
  105. 18Paragraph 18
  106. 19Paragraph 19
  107. 20Paragraph 20
  108. Schedule 2: PARTICULAR SAFETY REQUIREMENTS (Annex II to the Directive)
  109. Part 1: Physical and Mechanical Properties
  110. 1Paragraph 1
  111. 2Paragraph 2
  112. 3Paragraph 3
  113. 4Paragraph 4
  114. 5Paragraph 5
  115. 6Paragraph 6
  116. 7Paragraph 7
  117. 8Paragraph 8
  118. 9Paragraph 9
  119. 10Paragraph 10
  120. 11Paragraph 11
  121. Part 2: Flammability
  122. 1Paragraph 1
  123. 2Paragraph 2
  124. 3Paragraph 3
  125. 4Paragraph 4
  126. Part 3: Chemical Properties
  127. 1Paragraph 1
  128. 2Paragraph 2
  129. 3Paragraph 3
  130. 4Paragraph 4
  131. 5Paragraph 5
  132. 6Paragraph 6
  133. 7Paragraph 7
  134. 8Paragraph 8
  135. 9Paragraph 9
  136. 10Paragraph 10
  137. 11Paragraph 11
  138. 12Paragraph 12
  139. 13Paragraph 13
  140. Part 4: Electrical Properties
  141. 1Paragraph 1
  142. 2Paragraph 2
  143. 3Paragraph 3
  144. 4Paragraph 4
  145. 5Paragraph 5
  146. 6Paragraph 6
  147. 7Paragraph 7
  148. 8Paragraph 8
  149. 9Paragraph 9
  150. Part 5: Hygiene
  151. 1Paragraph 1
  152. 2Paragraph 2
  153. 6Radioactivity
  154. AList of CMR substances and their permitted uses in accordance with points 4, 5 and 6 of Part III
  155. BClassification of Substances and Mixtures
  156. CAppendix C
  157. Schedule 3: DECLARATION OF CONFORMITY
  158. 1Paragraph 1
  159. 2Paragraph 2
  160. 3Paragraph 3
  161. 4Paragraph 4
  162. 5Paragraph 5
  163. 6Paragraph 6
  164. 7Paragraph 7
  165. 8Paragraph 8
  166. Schedule 4TECHNICAL DOCUMENTATION (Annex IV to the Directive)
  167. Schedule 5: WARNINGS (Annex V to the Directive)
  168. AGENERAL WARNINGS
  169. Part B: SPECIFIC WARNINGS AND INDICATIONS OF PRECAUTIONS TO BE TAKEN WHEN USING CERTAIN CATEGORIES OF TOYS
  170. 1Paragraph 1
  171. 2Paragraph 2
  172. 3Paragraph 3
  173. 4Paragraph 4
  174. 5Paragraph 5
  175. 6Paragraph 6
  176. 7Paragraph 7
  177. 8Paragraph 8
  178. 9Paragraph 9
  179. 10Paragraph 10
  180. Schedule 6: CONFORMITY ASSESSMENT PROCEDURES (Annex II to Decision No 768/2008/EC)
  181. Part MODULE A: Internal production control
  182. 1Paragraph 1
  183. 2Technical documentation
  184. 3Manufacturing
  185. 4.1UK marking and declaration of conformity
  186. 4.2Paragraph 4.2
  187. 5Authorised representative
  188. Part MODULE B: Type examination
  189. 1Paragraph 1
  190. 2Paragraph 2
  191. 3Paragraph 3
  192. 4Paragraph 4
  193. 4.1Paragraph 4.1
  194. 4.2Paragraph 4.2
  195. 4.3Paragraph 4.3
  196. 4.4Paragraph 4.4
  197. 4.5Paragraph 4.5
  198. 5Paragraph 5
  199. 6Paragraph 6
  200. 7Paragraph 7
  201. 8Paragraph 8
  202. 9Paragraph 9
  203. 10Paragraph 10
  204. Part MODULE C: Conformity to type based on internal production control
  205. 1Paragraph 1
  206. 2Manufacturing
  207. 3.1Conformity marking and declaration of conformity
  208. 3.2Paragraph 3.2
  209. 4Authorised representative
  210. Schedule 7: Approved body requirements
  211. 1Paragraph 1
  212. 2Paragraph 2
  213. 3Paragraph 3
  214. 4Paragraph 4
  215. 5Paragraph 5
  216. 6Paragraph 6
  217. 7Paragraph 7
  218. 8Paragraph 8
  219. 9Paragraph 9
  220. 10Paragraph 10
  221. 11Paragraph 11
  222. 12Paragraph 12
  223. 13Paragraph 13
  224. 14Paragraph 14
  225. 15Paragraph 15
  226. 16Paragraph 16
  227. 17Paragraph 17
  228. Explanatory note