type: legislation

jurisdiction: UK

text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Registered Pension Schemes (Miscellaneous Amendments) Regulations 2011 and come into force on 11th August 2011.
2
The amendments made by regulations 2, 3, 4, 5, 6, 8(2), (3) and (5) and 12(2) have effect for the tax year 2011–12 and subsequent tax years.
3
The amendment made by regulation 7 has effect in relation to lump sums paid on or after 6th April 2011.
4
The amendment made by regulation 8(4) has effect in relation to payments made on or after 6th April 2012.
5
The amendment made by regulation 8(6) has effect in relation to any payment of pension made in respect of a member who died on or after 6th April 2011.
6
The amendment made by regulation 10(2)(b) has effect subject to regulation 11.
7
The amendments made by regulation 12(3) and (4) have effect in relation to pension input periods ending in the tax year 2011-12 and subsequent tax years.
Amendment of the Pension Benefits (Insurance Company Liable as Scheme Administrator) Regulations 2006
2
1
The Pension Benefits (Insurance Company Liable as Scheme Administrator) Regulations 2006 are amended as follows.
2
For regulation 2(1)(c) (insurance company liable as scheme administrator) substitute —
c
a drawdown pension fund lump sum death benefit
.
Amendment of the Registered Pension Schemes (Authorised Surplus Payments) Regulations 2006
3
The Registered Pension Schemes (Authorised Surplus Payments) Regulations 2006 are amended as follows.
4
For regulation 2(4) (payments falling within section 37 or 76 of the Pensions Act 1995) substitute —
4
A payment made by an occupational pension scheme to a sponsoring employer solely in respect of the death of a member is an authorised surplus payment if —
a
it satisfies the conditions in paragraphs (2) or (3), and
b
the member was not connected to the sponsoring employer at the date of the member’s death.
.
5
For regulation 3(2) (payments falling outside section 37 or 76 of the Pensions Act 1995) substitute —
2
A payment made by an occupational pension scheme to a sponsoring employer solely in respect of the death of a member is an authorised surplus payment if —
a
it satisfies the conditions in paragraph (1), and
b
the member was not connected to the sponsoring employer at the date of the member’s death.
.
Amendment of the Registered Pension Schemes (Relevant Annuities) Regulations 2006
6
1
The Registered Pension Schemes (Relevant Annuities) Regulations 2006 are amended as follows.
2
In regulation 3 (definition of “annual amount”) —
a
in paragraph (1)(a) for “member’s” substitute “member’s or dependant’s”;
b
in paragraph (1)(b) for “75” (in both places) substitute “85”;
c
in paragraph (2), for the words starting with “For” in the first place it appears and ending at the end of sub-paragraph (a), substitute —
2
For the purposes of paragraph (1) the “relevant date” in relation to drawdown pension years beginning on or before the member’s or dependant’s 75th birthday is —
a
for the first drawdown pension year falling within a reference period —
i
the nominated date, as set out in paragraph 10(3)(a) or 24(3)(a) (as the case requires); or
ii
if there has been an additional fund designation made during that year, the date on which that designation was made;
;
d
in paragraph (2)(b) for “unsecured pension year” substitute “drawdown pension year”;
e
omit paragraphs (2)(c) and (d) and the remainder of paragraph (2);
f
after paragraph (2) insert —
3
For the purposes of paragraph (1) the “relevant date” in relation to drawdown pension years beginning after the member’s or dependant’s 75th birthday is —
a
the nominated date, as determined in accordance with paragraph 10A(3), (4) and (5) or 24A(3) (as the case requires); or
b
if there has been an additional fund designation during a drawdown pension year, the date on which that designation was made.
4
In paragraphs (2)(a)(i) and (b) and (3)(a), references to numbered paragraphs are to the paragraphs of Schedule 28 to the Act.
.
Amendment of the Registered Pension Schemes (Meaning of Pension Commencement Lump Sum) Regulations 2006
7
1
The Registered Pension Schemes (Meaning of Pension Commencement Lump Sum) Regulations 2006 are amended as follows.
2
In regulation 4 (circumstances in which the Regulations apply), for the words “even though” to “not met” substitute “even though the condition in paragraph 1(1)(c) of Schedule 29 to the Finance Act 2004 is not met”.
Amendment of the Registered Pension Schemes (Authorised Payments) Regulations 2009
8
1
The Registered Pension Schemes (Authorised Payments) Regulations 2009 are amended as follows.
2
In regulation 7 (meaning of “relevant accretion”), after paragraph (3) insert —
3A
For the purposes of determining whether all or part of the member’s lifetime allowance is available under paragraph (3) —
a
the fact that benefit crystallisation event 5 or benefit crystallisation event 5B has occurred in relation to the member is to be disregarded, and
b
anything which, but for paragraph 2 or 15A of Schedule 32 , would have been such a benefit crystallisation event is to be treated as if it were such an event.
.
3
Omit regulation 9 (payments to or in respect of members who were untraceable).
4
In regulation 10(3)(b) (payments to members receiving annuities) for “1% of the standard lifetime allowance” substitute “£18,000”.
5
In regulations 11(1)(a) (de minimis rule for pension schemes) and 12(1)(c) (payments by larger pensions schemes) omit “, but has not reached the age of 75”.
6
Omit regulation 16(1)(b) (payments of arrears of pension after death).
Amendment of the Registered Pension Schemes (Accounting and Assessment) Regulations 2005
9
1
The Registered Pension Schemes (Accounting and Assessment) Regulations 2005 are amended as follows.
2
In regulation 3 (the particulars required to be included in returns under section 254), in Table 1, after the entry relating to the charge under section 214 (lifetime allowance charge) insert —
Charge under section 227 of the Act (annual allowance charge). 1. The title, name and national insurance number of each individual in relation to whom the scheme administrator becomes liable to an annual allowance charge under section 237B(7) of the Act.
2. The date on which the scheme administrator becomes liable to the annual allowance charge.
3. The amount of tax to which the scheme administrator became jointly liable in respect of each individual under section 237B(7) of the Act.
Amendment of the Registered Pension Schemes (Prescribed Manner of Determining Amount of Annuities) Regulations 2006
10
1
The Registered Pension Schemes (Prescribed Manner of Determining Amount of Annuities) Regulations 2006 (“the principal Regulations”) are amended as follows.
2
In regulation 2(4) (determining amount of member’s lifetime annuity) —
a
in condition 1, for “(a) to (d)” substitute “(a) to (c)”; and
b
in condition 2, for “5” substitute “3”.
11
Where the amount of —
a
a member’s lifetime annuity; or
b
a dependant’s annuity
has been determined in accordance with regulation 2 or 3 of the principal Regulations before the coming into force of these Regulations, the amendment made by regulation 10(2)(b) has effect from the date of the next review of the value of the sums and assets which are applied towards the provision of the annuity by the insurance company by whom the annuity is provided.
Amendment of the Pensions Schemes (Application of UK Provisions to Relevant Non-UK Schemes) Regulations 2006
12
1
The Pensions Schemes (Application of UK Provisions to Relevant Non-UK Schemes) Regulations 2006 are amended as follows.
2
Omit regulation 8 (modification of section 227).
3
In regulation 9 (modification of section 231) —
a
for paragraph (a) substitute —
a
in subsection (3) for “the consumer prices index” substitute “the relevant index”; and
, and
b
in paragraph (b), for the inserted subsection (4) substitute —
4
In this section “the relevant index” means —
a
if there is an index of the movement of consumer prices maintained, or officially recognised, by the government of the country or territory in which the recognised overseas scheme is established, that index, or
b
if there is no such index, the consumer prices index.
.
4
In regulation 10 (modification of section 235) —
a
for paragraph (a) substitute —
a
in subsection (3) for “the consumer prices index” substitute “the relevant index”; and
, and
b
in paragraph (b), for the inserted subsection (4) substitute —
4
In this section “the relevant index” means —
a
if there is an index of the movement of consumer prices maintained, or officially recognised, by the government of the country or territory in which the recognised overseas scheme is established, that index, or
b
if there is no such index, the consumer prices index.
.
Melanie Dawes
Dave Hartnett
Two of the Commissioners for Her Majesty’s Revenue and Customs
20th July 2011


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Syria (Asset-Freezing) Regulations 2011 and shall come into force at 6.00 p.m. on 10th May 2011.
2
An offence under these Regulations may be committed by conduct wholly or partly outside the United Kingdom by —
a
a UK national, or
b
a body incorporated or constituted under the law of any part of the United Kingdom.
3
In paragraph (2) —
“conduct” includes acts and omissions;
“UK national” means —
a British citizen,
a British overseas territories citizen who acquired their citizenship from a connection with Gibraltar, or
a British subject under Part 4 of the British Nationality Act 1981 (British subjects) with the right of abode in the United Kingdom.
Interpretation
2
1
In these Regulations —
“the 2000 Act ” means the Financial Services and Markets Act 2000 ;
“the Council Regulation ” means Council Regulation (EU) No. 442/2011 of 9 May 2011 concerning restrictive measures in view of the situation in Syria, and a reference to Annex II to that Regulation is to be construed as a reference to that Annex as amended from time to time;
“designated person” means a person, entity or body listed in Annex II to the Council Regulation;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include producing a copy of the information in legible form;
“relevant institution” means —
a person who has permission under Part 4 of the 2000 Act (permission to carry on regulated activities);
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the 2000 Act (EEA passport rights) which has permission under paragraph 15 of that Schedule as a result of qualifying for authorisation under paragraph 12 of that Schedule to accept deposits; or
an undertaking which by way of business operates a currency exchange office, transmits money (or any representations of monetary value) by any means or cashes cheques which are made payable to customers.
2
The definition of “relevant institution” in paragraph (1) must be read with —
a
section 22 of the 2000 Act (the classes of activity and categories of investment),
b
any relevant order under that section , and
c
Schedule 2 to that Act (regulated activities).
3
Any expression used both in these Regulations and the Council Regulation has the meaning that it bears in the Council Regulation.
Freezing of funds and economic resources
3
1
A person (“P”) must not deal with funds or economic resources belonging to, or owned, held or controlled by, a designated person if P knows, or has reasonable cause to suspect, that P is dealing with such funds or economic resources.
2
In paragraph (1) “deal with” means —
a
in relation to funds —
i
use, alter, move, allow access to or transfer;
ii
deal with the funds in any other way that would result in a change in volume, amount, location, ownership, possession, character or destination; or
iii
make any other change that would enable use, including portfolio management; and
b
in relation to economic resources, exchange or use in exchange for funds, goods or services.
3
Paragraph (1) is subject to regulation 9.
Making funds available to a designated person
4
1
A person (“P”) must not make funds available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
Paragraph (1) is subject to regulations 8 and 9.
Making funds available for the benefit of a designated person
5
1
A person (“P”) must not make funds available to any person for the benefit of a designated person if P knows, or has reasonable cause to suspect, that P is making the funds so available.
2
For the purposes of this regulation —
a
funds are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulations 8 and 9.
Making economic resources available to a designated person
6
1
A person (“P”) must not make economic resources available, directly or indirectly, to a designated person if P knows, or has reasonable cause to suspect —
a
that P is making the economic resources so available, and
b
that the designated person would be likely to exchange the economic resources, or use them in exchange, for funds, goods or services.
2
Paragraph (1) is subject to regulation 9.
Making economic resources available for the benefit of a designated person
7
1
A person (“P”) must not make economic resources available to any person for the benefit of a designated person if P knows, or has reasonable grounds to suspect, that P is making the economic resources so available.
2
For the purposes of this regulation —
a
economic resources are made available for the benefit of a designated person only if that person thereby obtains, or is able to obtain, a significant financial benefit, and
b
“financial benefit” includes the discharge of a financial obligation for which the designated person is wholly or partly responsible.
3
Paragraph (1) is subject to regulation 9.
Credits to a frozen account
8
1
The prohibitions in regulations 4 and 5 are not contravened by a person who credits a frozen account with —
a
interest or other earnings due on the account, or
b
payments due under contracts, agreements or obligations that were concluded or arose before the account became a frozen account.
2
The prohibitions in regulations 4 and 5 on making funds available do not prevent a relevant institution from crediting a frozen account where it receives funds transferred to the account.
3
A relevant institution must inform the Treasury without delay if it credits a frozen account in accordance with paragraph (1)(b) or (2).
4
In this regulation “frozen account” means an account with a relevant institution which is held or controlled (directly or indirectly) by a designated person.
Licences
9
1
The prohibitions in regulations 3 to 7 do not apply to anything done under the authority of a licence granted by the Treasury.
2
A licence must specify the acts authorised by it and may be —
a
general or granted to a category of persons or to a particular person;
b
subject to conditions;
c
of indefinite duration or subject to an expiry date.
3
The Treasury may vary or revoke a licence at any time.
4
On the grant, variation or revocation of a licence, the Treasury must —
a
in the case of a licence granted to a particular person, give written notice of the grant, variation or revocation to that person,
b
in the case of a general licence or a licence granted to a category of persons, take such steps as the Treasury consider appropriate to publicise the grant, variation or revocation of the licence.
5
A person commits an offence who, for the purpose of obtaining a licence, knowingly or recklessly —
a
provides information that is false in a material respect, or
b
provides or produces a document that is not what it purports to be.
6
A person who purports to act under the authority of a licence but who fails to comply with any conditions included in the licence commits an offence.
Contravention and circumvention of prohibitions
10
1
A person who contravenes any of the prohibitions in regulations 3 to 7 commits an offence.
2
A person commits an offence who intentionally participates in activities knowing that the object or effect of them is (whether directly or indirectly) —
a
to circumvent any of the prohibitions in regulations 3 to 7, or
b
to enable or facilitate the contravention of any such prohibition.
Information provisions
11
The Schedule (which contains provisions concerning information gathering and disclosure) has effect.
Cooperation with UK or international investigations
12
The Treasury must take such steps as they consider appropriate to cooperate with any investigation, in the United Kingdom or elsewhere, relating to the funds, economic resources or financial transactions of a designated person.
Officers of a body corporate etc.
13
1
Where an offence under these Regulations committed by a body corporate —
a
is committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or
b
is attributable to any neglect on the part of any such person,
that person as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
In paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3
Paragraph (1) also applies in relation to a body that is not a body corporate, with the substitution for the reference to a director of the body for a reference —
a
in the case of a partnership, to a partner;
b
in the case of an unincorporated body other than a partnership —
i
where the body’s affairs are managed by its members, to a member of the body;
ii
in any other case, to a member of the governing body.
Penalties
14
1
A person guilty of an offence under regulation 9 or 10 is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.
2
A person guilty of an offence under paragraph 1(5) or 4(1) of the Schedule is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
Proceedings
15
1
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
2
In England and Wales an information relating to an offence that is triable by a magistrates’ court may be so tried if it is laid —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to the knowledge of the prosecutor.
3
In Scotland —
a
summary proceedings for an offence may be commenced —
i
before the end of twelve months from the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to the Lord Advocate’s knowledge, and
ii
not later than three years after the commission of the offence; and
b
section 136(3) of the Criminal Procedure (Scotland) Act 1995 (time limit for certain offences) applies for the purpose of this paragraph as it applies for the purpose of that section.
4
In Northern Ireland summary proceedings for an offence may be instituted —
a
at any time within three years after the commission of the offence, and
b
within twelve months after the date on which evidence sufficient in the opinion of the prosecutor to justify proceedings comes to the knowledge of the prosecutor.
5
For the purposes of this regulation a certificate of the prosecutor (or in Scotland, the Lord Advocate) as to the date on which such evidence as is referred to above came to their notice is conclusive evidence.
Consent to prosecution
16
1
Proceedings for an offence under these Regulations (other than a summary offence) may not be instituted —
a
in England and Wales, except by or with the consent of the Attorney General,
b
in Northern Ireland —
i
where the offence is committed wholly or partly outside Northern Ireland, except by or with the consent of the Advocate General for Northern Ireland;
ii
for all other offences, except by or with the consent of the Director for Public Prosecutions for Northern Ireland.
2
Nothing in paragraph (1) prevents —
a
the arrest of a person in respect of an offence under these Regulations, or
b
the remand in custody or on bail of any person charged with such an offence.
Notices
17
1
This regulation has effect in relation to any notice to be given to a person by the Treasury under regulation 9.
2
Any such notice may be given —
a
by posting it to the person’s last known address, or
b
where the person is a body corporate, partnership or unincorporated body other than a partnership, by posting it to the registered or principal office of the body or partnership concerned.
3
Where the Treasury do not have an address for the person, they must make arrangements for the notice to be given to the person at the first available opportunity.
The Crown
18
1
These Regulations bind the Crown.
2
No contravention by the Crown of a provision of these Regulations makes the Crown criminally liable.
3
The High Court or, in Scotland, the Court of Session may, on the application of a person appearing to the court to have an interest, declare unlawful any act or omission of the Crown that constitutes a contravention of a provision of these Regulations.
4
Nothing in this regulation affects Her Majesty in her private capacity.
5
Paragraph (4) is to be read as if section 38(3) of the Crown Proceedings Act 1947 (meaning of Her Majesty in her private capacity) were contained in these Regulations.
Michael Fabricant
Angela Watkinson
Two of the Lords Commissioners of Her Majesty’s Treasury
At 11.00 a.m. on 10th May 2011


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Authorised Investment Funds (Tax) (Amendment No. 2) Regulations 2011 and come into force on 1st October 2011.
2
These Regulations have effect —
a
for the purposes of corporation tax —
i
on income, for accounting periods starting on or after that date, and
ii
on chargeable gains, in relation to disposals made on or after that date, and
b
for the purposes of capital gains tax, in relation to disposals made on or after that date.
Amendment of the Authorised Investment Funds (Tax) Regulations 2006
2
The Authorised Investment Funds (Tax) Regulations 2006 are amended as follows.
Amendment of regulation 9A (the genuine diversity of ownership condition)
3
In regulation 9A (the genuine diversity of ownership condition) , in paragraph (8) —
a
in the introductory wording omit “which is a Property AIF”, and
b
in sub-paragraph (a), insert “, an offshore fund or another authorised investment fund” between “unit trust scheme” and “(a “feeder fund”)”.
Insertion of new regulation 14ZD (index tracking funds)
4
In Part 2, after regulation 14ZC insert —
Treatments applying to authorised investment funds with specific investment purposes
Index tracking funds
14ZD
1
This regulation applies if —
a
an authorised investment fund has an interest in a non-reporting fund, and
b
the conditions in paragraph (2) are met throughout the relevant period.
2
The conditions are that —
a
in accordance with either the authorised investment fund’s prospectus or the instrument constituting the authorised investment fund, the aim of the authorised investment fund’s investment policy is to replicate the performance of a qualifying index,
b
the main purpose of the investment in the non-reporting fund is to represent the composition of the qualifying index, and
c
the capital and income returns of the authorised investment fund replicate as closely as practicable the returns of the investments comprised in the qualifying index.
3
For the purposes of paragraph (2) an index is a “qualifying index” if —
a
it is based solely on the value of securities listed on a recognised stock exchange or admitted to trading on a regulated market,
b
either a competent authority for the United Kingdom or an authority responsible for regulating offshore funds recognises the index on the basis that —
i
its composition is sufficiently diverse,
ii
it represents an adequate benchmark for the market to which it refers, and
iii
it is published in such a way that it is widely available, and
c
it is calculated and published by a body which is managed independently from the management of the authorised investment fund.
4
Regulation 17 of the Offshore Funds Regulations does not apply in respect of a disposal of the interest in the non-reporting fund by the authorised investment fund.
5
In this regulation “the relevant period” means the period —
a
starting on the day the authorised investment fund acquires the interest in the non-reporting fund (or any part of it), and
b
ending on the day of the disposal of the interest.
6
In this regulation —
a
a “competent authority in the United Kingdom” means the authority which is a competent authority for the United Kingdom for the purposes of Directive 2009/65/ EC of the European Parliament and of the Council on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities ( UCITS ) , and
b
“regulated market” has the same meaning as in Directive 2004/39/EC of the European Parliament and of the Council on markets in financial instruments (see article 4.1(14)).
.
Amendment of regulation 20 (meaning of “qualifying investments”)
5
In regulation 20 (meaning of “qualifying investments”) , for “4” in the descriptions of Category 5 and Category 7 substitute “4A”.
Amendment of regulation 69F (meaning of “property investment business”)
6
In regulation 69F (meaning of “property investment business”) , omit paragraph (7).
Consequential amendment
7
In the Offshore Funds (Tax) Regulations 2009 , in paragraph (6) of regulation 18 (the charge to tax: further provisions) after “regulation 14ZB” insert “, 14ZD(1)”.
Angela Watkinson
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
5th September 2011


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Stamp Duty Land Tax (Administration) (Amendment) Regulations 2011 and come into force on 1st April 2011.
2
In these Regulations —
“formerly prescribed form” means the form previously prescribed in the respective Part of Schedule 2 to the Principal Regulations immediately before the coming into force of these Regulations;
“substituted form” means the form substituted in the respective Part of Schedule 2 to the Principal Regulations by virtue of the amendments made by these Regulations;
“the Principal Regulations” means the Stamp Duty Land Tax (Administration) Regulations 2003 .
Amendment of the Principal Regulations
2
1
The Principal Regulations are amended as follows.
2
For the form in Part 1 of Schedule 2 to the Principal Regulations (which sets out the main form of a land transaction return) substitute the form set out in Part 1 of the Schedule to these Regulations.
3
For the form in Part 3 of Schedule 2 to the Principal Regulations (which sets out the form of a land transaction return requiring additional details about the land) substitute the form set out in Part 2 of the Schedule to these Regulations.
4
For the form in Part 4 of Schedule 2 to the Principal Regulations (which sets out the form of a land transaction return requiring additional details about the transaction, including leases) substitute the form set out in Part 3 of the Schedule to these Regulations.
Transitional Provisions
3
In relation to forms delivered before 4th July 2011 —
a
the requirement to deliver a land transaction return in the form prescribed by Part 1 of Schedule 2 to the Principal Regulations containing the information required by that form, is satisfied by delivering a return —
i
on the substituted form in Part 1, containing the information required by that form, or
ii
on the formerly prescribed form in Part 1, containing the information required by that form.
b
the requirement to deliver a land transaction return in the form prescribed by Part 3 of Schedule 2 to the Principal Regulations containing the information required by that form, is satisfied by delivering a return —
i
on the substituted form in Part 3, containing the information required by that form, or
ii
on the formerly prescribed form in Part 3, containing the information required by that form.
c
the requirement to deliver a land transaction return in the form prescribed by Part 4 of Schedule 2 to the Principal Regulations containing the information required by that form is satisfied by delivering a return —
i
on the substituted form in Part 4, containing the information required by that form, or
ii
on the formerly prescribed form in Part 4, containing the information required by that form.
Dave Hartnett
Steve Lamey
Two of the Commissioners for Her Majesty’s Revenue and Customs
22nd February 2011


text:
Citation and commencement
1
This Order may be cited as the Crime and Disorder Act 1998 (Responsible Authorities) (Amendment) Order 2011 and shall come into force on 14th November 2011.
Amendment of the Crime and Disorder Act 1998 (Responsible Authorities) Order 2008
2
In articles 2(1) and 3(1) of the Crime and Disorder Act 1998 (Responsible Authorities) Order 2008 for “conferred by sections 6 to 7” substitute “conferred by or under section 6 or by section 7”.
Amendment of the Crime and Disorder Act 1998 (Responsible Authorities) Order 2009
3
In article 2(1) of the Crime and Disorder Act 1998 (Responsible Authorities) Order 2009 for “conferred by sections 6 and 7” substitute “conferred by or under section 6 or by section 7”.
Amendment of the Crime and Disorder Act 1998 (Responsible Authorities) Order 2010
4
In articles 2(1) and 3(1) of the Crime and Disorder Act 1998 (Responsible Authorities) Order 2010 for “conferred by sections 6 and 7” substitute “conferred by or under section 6 or by section 7”.
Amendment of the Crime and Disorder Act 1998 (Responsible Authorities) Order 2011
5
In articles 2(1) and 3(1) of the Crime and Disorder Act 1998 (Responsible Authorities) Order 2011 for “conferred by sections 6 and 7” substitute “conferred by or under section 6 or by section 7”.
Nick Herbert
Minister of State
Home Office
13th October 2011


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2011 and shall come into force on 18th July 2011.
Amendment of Schedule 1 to the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985
2
In Part I of Schedule 1 to the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (list of prescribed diseases and the occupations for which they are prescribed) after the entry relating to prescribed disease C30 add —
C31. Bronchiolitis obliterans. The use or handling of, or exposure to, diacetyl (also called butanedione or 2,3-butanedione) in the manufacture of —
diacetyl; or
food flavouring containing diacetyl; or
food to which food flavouring containing diacetyl is added.
C32. Carcinoma of the nasal cavity or associated air sinuses (nasal carcinoma).
The manufacture of inorganic chromates; or
work in hexavalent chrome plating
Signed by authority of the Secretary of State for Work and Pensions.
Freud
Parliamentary Under-Secretary of State
Department for Work and Pensions
14th June 2011


text:
Citation and commencement
1
These Regulations may be cited as the Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2011 and shall come into force on 21st December 2011.
Interpretation
2
In these Regulations —
“the 2009 Regulations ” means the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 .
Amendment to the 2009 Regulations
3
After regulation 1 insert —
Review
1A
1
Before the end of each review period, the Secretary of State must —
a
carry out a review of these Regulations,
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review, the Secretary of State must, so far as is reasonable, have regard to how the EIA Directive (which is implemented in relation to infrastructure planning by these regulations) is implemented in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established by these regulations,
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
“Review period” means —
a
the period of five years beginning with the date on which this regulation comes into force, and
b
subject to paragraph (5), each successive period of five years.
5
If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
Amendments to Schedule 1 to the 2009 Regulations
4
1
Schedule 1 to the 2009 Regulations (development that always requires an assessment) is amended as follows.
2
For paragraph 16 substitute —
16
Pipelines with a diameter of more than 800 millimetres and a length of more than 40 kilometres:
–for the transport of gas, oil, chemicals, or
–for the transport of carbon dioxide streams for the purposes of geological storage, including associated booster stations.
3
For paragraphs 20 and 21 substitute —
20
Construction of overhead electrical power lines with a voltage of 220 kilovolts or more and a length of more than 15 kilometres.
21
Installations for storage of petroleum, petrochemical or chemical products with a capacity of 200,000 tonnes or more.
22
Any change to or extension of development listed in this Schedule where such a change or extension itself meets the thresholds, if any, or description of development set out in this Schedule.
23
Storage sites pursuant to Directive 2009/31/ EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide .
24
Installations for the capture of carbon dioxide streams for the purposes of geological storage pursuant to Directive 2009/31/EC from installations covered by this Schedule, or where the total yearly capture of carbon dioxide is 1.5 megatonnes or more.
Amendments to Schedule 2 to the 2009 Regulations
5
1
Schedule 2 to the 2009 Regulations (development that may require an assessment) is amended as follows.
2
After paragraph 3(i) (energy industry) insert —
j
Installations for the capture of carbon dioxide streams for the purposes of geological storage pursuant to Directive 2009/31/EC from installations not included in Schedule 1.
3
For paragraph 10(k) (infrastructure projects) substitute —
k
Oil and gas pipeline installations and pipelines for the transport of carbon dioxide streams for the purposes of geological storage (unless included in Schedule 1).
Signed on behalf of the Secretary of State for Communities and Local Government
Bob Neill
Parliamentary Under Secretary of State
Department for Communities and Local Government
14th November 2011


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Quality Accounts) Amendment Regulations 2011 and shall come into force on 1st April 2011.
Amendments of the National Health Service (Quality Accounts) Regulations 2010
2
1
The National Health Service (Quality Accounts) Regulations 2010 are amended as set out in the following paragraphs.
2
In regulation 2 (exemption for community health services and primary care services) —
a
in the heading, for “community health services” substitute “ NHS Continuing Healthcare”;
b
in paragraph (1), for “community health services” substitute “NHS Continuing Healthcare”; and
c
in paragraph (2), for the definition of “community health services” substitute —
“NHS Continuing Healthcare” means a package of care arranged and funded solely by the health service for a person aged 18 or over to meet physical or mental health needs which have arisen as a result of illness;
“health service” and “illness” have the meanings given in section 275 of the 2006 Act.
.
3
In regulation 5(1) (written statements by other bodies) in sub-paragraphs (b) and (c), for “500” substitute “1000”.
4
In regulation 7 (priorities for improvement) for paragraph (2) substitute —
2
The description must include —
a
at least three priorities for improvement indicating the relationship, if any, between the identification of these priorities and the reviews of data relating to quality of care referred to in item 1.1 of the Schedule;
b
progress made since the last relevant document (if one has been published before);
c
how progress to achieve the priorities identified in paragraph (a) will be monitored and measured by the provider; and
d
how progress to achieve the priorities identified in paragraph (a) will be reported by the provider.
.
5
In the Schedule, (information to be contained in Part 2 of the relevant document) —
a
in column 2 (form of statement) in paragraph (a) of the text relating to item 4, for “on request from [ where further information can be obtained ] ” substitute “electronically at [ provide a web link ]”;
b
omit items 6 and 6.1 from column 1 and the text relating to those items in column 2;
c
for item 9 substitute —
9 The provider’s Information Governance Assessment Report overall score for the reporting period as a percentage and as a colour according to the IGT Grading scheme. [ name of provider ] Information Governance Assessment Report overall score for [ reporting period ] was [ percentage ] and was graded [ insert colour from IGT Grading Scheme ].
d
add item 11 as follows —
11 The action taken by the provider to improve data quality.
[ name of provider ] will be taking the following actions to improve data quality [ insert actions ].
Signed by authority of the Secretary of State for Health.
Simon Burns
Minister of State,
Department of Health
8th February 2011


text:
PART 1 Preliminary
Citation and commencement
1
1
These Regulations may be cited as the Toys (Safety) Regulations 2011.
2
These Regulations come into force on 19th August 2011.
Revocation, saving and amendment
2
1
The Toys (Safety) Regulations 1995 (“the 1995 Regulations ”) and the Toys (Safety) (Amendment) Regulations 2010 are revoked.
2
The 1995 Regulations, as amended, continue to apply, as if they had not been revoked, to a toy placed on the market before these Regulations come into force.
3
The Pencils and Graphic Instruments (Safety) Regulations 1998 are amended as follows.
4
In regulation 1, insert after paragraph (2) —
3
These Regulations do not apply to any article to which the Toys (Safety) Regulations 2011 apply.
Interpretation
3
In these Regulations —
“the 1987 Act ” means the Consumer Protection Act 1987;
“ the Directive ” means Directive 2009/48/ EC of the European Parliament and of the Council of 18th June 2009 on the safety of toys ;
“the GPSR ” means the General Product Safety Regulations 2005 ;
“authorised representative” means a person who has been appointed in accordance with regulation 25(1);
“CE marking” means a marking —
by which a manufacturer indicates that a toy will comply with the essential safety requirements during its foreseeable and normal period of use; and
which takes the form set out in Annex II of Regulation (EC) No 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 ;
“conformity assessment” means the process demonstrating whether specified requirements relating to a toy have been fulfilled;
“conformity assessment activities” means activities relating to conformity assessment, including calibration, testing, certification and inspection;
“distributor” means any person who —
is in the supply chain for a toy, other than the manufacturer or the importer; and
makes the toy available on the market;
“economic operator” means a manufacturer, an authorised representative, an importer or a distributor;
“enforcement authority” has the same meaning as in section 45(1) of the 1987 Act;
“essential safety requirements” has the meaning given in regulation 5;
“harm” means physical injury or any other damage to health, including long-term health effects;
“harmonised standard” means a standard adopted by one of the European standardisation bodies listed in Annex I to Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations on the basis of a request made by the European Commission in accordance with Article 6 of that Directive, the reference of which standard has been published in the Official Journal of the European Union;
“hazard” means a potential source of harm;
“importer” means any person who —
is established within the EU; and
places a toy from a third country on the EU market;
“intended for use by” means that a parent or supervisor shall reasonably be able to assume by virtue of the functions, dimensions and characteristics of a toy that it is intended for use by children of the stated age group;
“make available on the market” means supply in the course of a commercial activity (whether in return for payment or free of charge) for distribution, consumption or use on the EU market, and related expressions shall be construed accordingly;
“manufacturer” means a person who —
manufactures a toy or has a toy designed or manufactured; and
markets that toy under that person’s name or trademark;
“Module” means a Module of Annex II to Decision No 768/2008/EC of the European Parliament and of the Council on a common framework for the marketing of products, and repealing Council Decision 93/465/ EEC and Module A, B or C shall be construed accordingly;
“notified body designation” has the meaning given in regulation 40;
“place on the market” means make a toy available on the EU market for the first time, and related expressions shall be construed accordingly;
“recall” means take any measure aimed at achieving the return of a toy that has already been made available to the end user;
“risk” means the probable rate of occurrence of a hazard causing harm and the degree of severity of the harm;
“supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply;
“toy” has the meaning given in regulation 4;
“ UK notified body” has the meaning given in regulation 40;
“withdraw” means take any measure aimed at preventing a toy in the supply chain from being made available on the market.
Toys to which these Regulations apply
4
1
These Regulations apply to toys placed on the market on or after 19th August 2011.
2
Toys are products designed or intended (whether or not exclusively) for use in play by children under 14 years old.
3
These Regulations do not apply to —
a
playground equipment intended for public use;
b
automatic playing machines intended for public use, whether coin operated or not;
c
toy vehicles equipped with combustion engines;
d
toy steam engines;
e
slings and catapults;
f
products listed in Annex I to the Directive, as amended from time to time.
Essential safety requirements
5
1
The essential safety requirements in respect of a toy are —
a
the general safety requirement set out in paragraphs (2) to (5); and
b
the particular safety requirements set out in Annex II to the Directive (as amended from time to time), so far as relevant.
2
Toys, including the chemicals they contain, must not jeopardise the safety or health of users or third parties when they are used as intended or in a foreseeable way, bearing in mind the behaviour of children.
3
The ability of the users and, where appropriate, their supervisors must be taken into account, in particular, in the case of toys which are intended for use by children under 36 months or by other specified age groups.
4
Information as to the matters mentioned in paragraph (5), aimed at users of the toy or their supervisors, must be preceded by the word “Warning” or “Warnings” and must be marked in English in a clearly visible, easily legible, understandable and accurate manner on —
a
the toy, a label affixed to the toy, or the toy’s packaging; and
b
any instructions for use which accompany the toy.
5
The matters are —
a
the inherent hazards and risks of harm involved in using the toy; and
b
the ways of avoiding such hazards and risks.
Particular safety requirements for toys placed on the market before 20th July 2013
6
Where a toy is placed on the market before 20th July 2013, the particular safety requirements in respect of chemical properties are those in paragraph 3 of Part II of Annex II to Council Directive 88/378/EEC on the approximation of the laws of the Member States concerning the safety of toys , and not those in Part III of Annex II to the Directive.
Presumption of conformity
7
1
A toy which conforms with harmonised standards shall be presumed to comply with the essential safety requirements to the extent that those requirements are covered by those standards.
2
The presumption set out in paragraph (1) is rebuttable.
Exception for trade fairs or exhibitions
8
1
A toy which does not bear the CE marking, or in relation to which any other requirement of these Regulations is not complied with, may be shown or used at a trade fair or exhibition.
2
Such a toy must be accompanied by a sign which indicates clearly that —
a
the toy does not comply with the Directive; and
b
the toy will not be made available in the EU before being brought into conformity with the Directive.
Parts 1 and 2 are safety regulations within the meaning of the 1987 Act
9
Parts 1 and 2 of these Regulations are for all purposes safety regulations within the meaning of the 1987 Act.
PART 2 Prohibitions and Obligations on Economic Operators
Manufacturers and their authorised representatives
Prohibitions on placing toys on the market
10
1
A manufacturer must not place a toy on the market unless it will comply with the essential safety requirements during its foreseeable and normal period of use.
2
A manufacturer must not place a toy on the market without having complied with —
a
regulation 11 (design and manufacture of toys in accordance with essential safety requirements);
b
regulation 12 (safety assessment);
c
regulation 13 (applicable conformity assessment procedures);
d
regulations 15 ( EC declaration of conformity and CE marking);
e
regulation 17(1) to (3) (drawing up of technical documentation);
f
regulation 19 (information identifying toy and manufacturer);
g
regulation 20 (instructions for use, safety information and warnings); and
h
regulation 21 (compliance procedures for series production).
Design and manufacture of toys in accordance with essential safety requirements
11
The manufacturer must ensure that the toy has been designed and manufactured to comply with the essential safety requirements during its foreseeable and normal period of use.
Safety assessment
12
The manufacturer must carry out an analysis of the chemical, physical, mechanical, electrical, flammability, hygiene and radioactivity hazards that the toy may present, as well as an assessment of the potential exposure to such hazards.
Applicable conformity assessment procedures
13
1
The manufacturer must follow the applicable conformity assessment procedure to demonstrate that the toy will comply with the essential safety requirements during the toy’s foreseeable and normal period of use.
2
If the manufacturer has applied harmonised standards covering all the essential safety requirements, the manufacturer must use the internal production control procedure set out in Module A.
3
In each of the following cases, the toy must be submitted to EC-type examination in accordance with the following provisions of these Regulations, together with the conformity to type procedure set out in Module C —
a
where harmonised standards covering all the essential safety requirements for the toy do not exist;
b
where the harmonised standards referred to in sub-paragraph (a) exist but the manufacturer has not applied them or has applied them only in part;
c
where one or more of the harmonised standards referred to in sub-paragraph (a) has been published with a restriction;
d
when the manufacturer considers that the nature, design, construction or purpose of the toy necessitates third party verification.
Application for EC-type examination
14
An application for EC-type examination to be performed in relation to a toy must —
a
be made to a notified body;
b
be made in accordance with Module B;
c
include a description of the toy;
d
indicate the address at which the toy has been or will be manufactured; and
e
if the application is made to a UK notified body, be accompanied by such fee as may be required by the body in accordance with regulation 50 (charging of fees by UK notified body).
EC declaration of conformity and CE marking
15
Where it has been demonstrated by performance of the applicable conformity assessment procedure that a toy will comply with the essential safety requirements during its foreseeable and normal period of use, the manufacturer must —
a
draw up an EC declaration of conformity in accordance with regulation 16(1) to (4); and
b
affix a CE marking in relation to the toy in accordance with regulation 18.
16
1
The EC declaration of conformity must state that it has been demonstrated that the essential safety requirements have been satisfied in relation to the toy.
2
The EC declaration of conformity must also —
a
include the information, and follow the structure, set out in Annex III to the Directive; and
b
include any information required to be included by any Module which was followed in relation to the toy.
3
The EC declaration of conformity may contain further information.
4
The manufacturer must keep up to date the EC declaration of conformity drawn up in relation to a toy.
5
Where the EC declaration of conformity drawn up in relation to a toy which is made available on the market in the United Kingdom was drawn up in a language other than English, the manufacturer must translate the EC declaration of conformity into English.
6
By drawing up the EC declaration of conformity, the manufacturer assumes responsibility for the compliance of the toy.
Technical documentation and correspondence relating to EC-type examination
17
1
The manufacturer must draw up technical documentation which contains all relevant information about the means used by the manufacturer to ensure that a toy will comply with the essential safety requirements during its foreseeable and normal period of use.
2
The technical documentation must be drawn up —
a
in so far as it relates to EC-type examination of the toy, in an official language of the Member State in which the notified body which performed that examination is established or in a language acceptable to that body;
b
in so far as it does not relate to such examination, in one of the official languages of the EU.
3
The technical documentation must include the information and documents listed in Annex IV of the Directive (technical documentation).
4
Any correspondence relating to the EC-type examination of a toy must be drawn up in the official language of the Member State in which the notified body is established or in a language acceptable to that body.
5
The manufacturer must keep the technical documentation for a toy (including the EC declaration of conformity) for a period of 10 years after the day on which the toy was placed on the market.
6
An enforcement authority may, during the 10 year period, request a manufacturer to provide to it, within a specified period —
a
a copy of all or part of the technical documentation drawn up in relation to a toy; and
b
a translation into English of all or part of the technical documentation.
7
A request must be accompanied by the reasons for making the request.
8
The specified period must be 30 days beginning with the day on which the request was received by the manufacturer, unless a shorter period is justified in the case of serious and immediate risk.
9
The manufacturer must comply with the request.
10
If a manufacturer fails to comply with any of the manufacturer’s obligations under paragraphs (1), (2), (3) or (9), an enforcement authority may request the manufacturer to ensure that a notified body performs such tests as the notified body identifies, within such period as the notified body may specify, to verify that the toy will comply with the essential safety requirements during its foreseeable and normal period of use, and that the toy complies with any harmonised standard applicable to the toy.
11
The manufacturer must comply with the request (at the manufacturer’s own expense).
Toys to bear CE marking
18
1
The manufacturer must affix a CE marking in relation to a toy.
2
The CE marking must be affixed visibly, legibly and indelibly.
3
The CE marking must be affixed to —
a
the toy;
b
a label affixed to the toy; or
c
the toy’s packaging.
4
Where the toy is small or consists of small parts, the manufacturer may, in place of affixing the CE marking in accordance with paragraph (3), affix the CE marking to —
a
a label which is not affixed to the toy; or
b
a leaflet which accompanies the toy.
5
The manufacturer may (in place of affixing the CE marking in accordance with paragraphs (3) or (4)) affix the CE marking to a counter display where —
a
the toy is sold in the counter display;
b
it is not possible to affix the CE marking in accordance with paragraph (3) or (4); and
c
the counter display was originally used as packaging for the toy.
6
Where the toy is inside packaging the CE marking must —
a
be affixed to the packaging (whether or not it is also affixed elsewhere); or
b
be otherwise visible from outside the packaging.
7
The CE marking may be followed by a pictogram or by any other mark indicating a special risk or use.
8
Any toy which bears the CE marking shall be presumed to comply with all the provisions of these Regulations.
9
The presumption set out in paragraph (8) is rebuttable.
Information identifying toy and manufacturer
19
1
The manufacturer must ensure that the required information is marked —
a
on the toy; or
b
where the size or nature of the toy precludes the information from being marked on the toy —
i
on the toy’s packaging; or
ii
in a document accompanying the toy.
2
The required information is —
a
a type, batch, serial or model number or other information enabling the toy to be identified;
b
the manufacturer’s name, registered trade name or registered trademark; and
c
a single address at which the manufacturer can be contacted.
Instructions for use, safety information and warnings
20
1
The manufacturer must ensure that a toy is accompanied by such instructions for use and safety information as is appropriate.
2
In particular, the manufacturer must ensure that the following provisions of this regulation are complied with.
3
Where it is appropriate in order to ensure the safe use of a toy, any information provided as to hazards and risks and avoiding them required by regulation 5(5) must include the specification of appropriate user limitations in accordance with Part A of Annex V to the Directive (general warnings).
4
Where a toy falls within a category listed in Part B of Annex V to the Directive, the toy must be accompanied by any warning and other information which is required to accompany that category of toy.
5
But a toy must not be accompanied by a warning set out in Part B where that warning would conflict with the intended use of the toy, as determined by virtue of its function, dimension and characteristics.
6
The wording of a warning which is required by any of points 2 to 10 of Part B to accompany a category of toy must be replicated without alteration.
7
A warning, instructions or other information required to accompany a toy must be marked in English in a clearly visible, easily legible, understandable and accurate manner on —
a
the toy;
b
a label affixed to the toy; or
c
the toy’s packaging and, if appropriate, on any instructions for use which accompany the toy.
8
Any warning or warnings accompanying a toy in accordance with this regulation must be preceded by the word “Warning” or “Warnings”.
9
A warning which determines the decision to purchase a toy (such as a warning specifying the minimum or maximum age for users) must also be clearly visible to the consumer before the purchase (whether by appearing on the consumer packaging for the toy or elsewhere), including in cases where the purchase is made on-line.
10
In this regulation a reference to Part A or Part B of Annex V to the Directive, or to any provision of either of those Parts, is a reference to that Part or to that provision as amended from time to time.
Compliance procedures for series production
21
1
A manufacturer of toys which are manufactured by means of series production must ensure that procedures are in place to ensure that any toy so manufactured will comply with the essential safety requirements during its foreseeable and normal period of use.
2
In doing so, the manufacturer must take into account —
a
any change in the design or characteristics of the toy; and
b
any change which has been made to any of the harmonised standards referred to in the EC declaration of conformity drawn up in relation to the toy.
Submission of EC-type examination certificate for review
22
An EC-type examination certificate issued in relation to a toy must be submitted by the manufacturer to a notified body for review if —
a
any change is made to —
i
the manufacturing process for the toy;
ii
any raw material used in the toy; or
iii
any component of the toy;
b
5 years have elapsed since the certificate was issued without it having being reviewed by a notified body;
c
5 years have elapsed since the certificate was last reviewed by a notified body without it having being reviewed again by a notified body; or
d
the manufacturer is of the view that a review of the certificate is necessary for any other reason.
Monitoring of toys
23
1
The manufacturer must take such of the following actions in relation to a toy as the manufacturer considers appropriate for the purpose of protecting the health and safety of consumers, taking into account any risk presented by the toy.
2
The actions are —
a
carrying out sample testing of marketed toys;
b
investigating any complaint made in relation to the toy;
c
keeping a register of —
i
any such complaints;
ii
any toy in relation to which any provision of these Regulations has not been complied with; and
iii
any toy which has been recalled; and
d
keeping distributors informed of any action taken by the manufacturer in accordance with sub-paragraph (a), (b) or (c).
Non-compliant toys and toys presenting a risk
24
1
Where a manufacturer has placed a toy on the market and has reason to believe that any provision of these Regulations has not in fact been complied with by the manufacturer in relation to the toy, the manufacturer must immediately —
a
take the corrective measures which are necessary to ensure that the provision is complied with in relation to the toy, or withdraw or recall the toy, if appropriate; and
b
where the toy presents a risk, provide the relevant enforcement authority with information about the following matters.
2
The matters are —
a
the risk presented by the toy;
b
the non-compliance in question; and
c
any corrective measures taken in accordance with paragraph (1)(a).
3
An enforcement authority may request a manufacturer who has placed a toy on the market to cooperate with it in relation to any action taken or to be taken to eliminate any risk posed by the toy.
4
The request must be accompanied by the reasons for making the request
5
The manufacturer must comply with the request .
Manufacturer’s authorised representative
25
1
A manufacturer may, by a written mandate, appoint a person established within the EU as the manufacturer’s authorised representative to act on the manufacturer’s behalf in relation to specified tasks in relation to a toy.
2
The mandate must allow the authorised representative to do at least the following —
a
perform the manufacturer’s obligations under regulations 17(5) and (9) (duties to keep technical documentation and comply with a request by an enforcement authority for a copy or translation of technical documentation); and
b
perform the manufacturer’s obligations under regulation 24(5) (duty to comply with a request in relation to action taken to eliminate risks posed by a toy).
3
An authorised representative may not be appointed to perform the manufacturer’s obligations under regulation 11 (duty to design and manufacture toy in accordance with essential safety requirements) or regulation 17(1) (duty to draw up technical documentation).
4
An authorised representative must perform each obligation under these Regulations that the representative is appointed by the mandate to perform.
5
A manufacturer who has appointed an authorised representative to perform on the manufacturer’s behalf an obligation under these Regulations remains responsible for the proper performance of that obligation.
Importers
Prohibitions on placing toys on the market
26
1
An importer must not place a toy on the market unless it will comply with the essential safety requirements during its foreseeable and normal period of use.
2
An importer must not place a toy on the market unless —
a
the importer has ensured that the manufacturer has done all of the following in relation to the toy —
i
followed the applicable conformity assessment procedure in accordance with regulation 13;
ii
drawn up the technical documentation in accordance with regulation 17;
iii
affixed the CE marking in accordance with regulation 18;
iv
complied with regulation 19 (information identifying toy and manufacturer);
v
complied with regulation 20 (instructions for use, safety information and warnings); and
b
the importer has complied with both of the following —
i
regulation 27 (information identifying importer);
ii
regulation 28 (storage or transport of toys).
Information identifying importer
27
1
An importer must ensure that the following information is marked on the toy —
a
the importer’s name, registered trade name or registered trade mark; and
b
the address at which the importer can be contacted.
2
The information may instead be marked on the toy’s packaging or on a document accompanying the toy where —
a
the size or nature of the toy precludes the information from being marked on the toy; or
b
the importer would have to open the toy’s packaging in order to mark the information on the toy.
Storage or transport of toys
28
An importer must ensure that, while a toy is under the importer’s responsibility, the conditions in which it is stored or transported will not jeopardise the toy’s compliance with the essential safety requirements during its foreseeable and normal period of use.
Monitoring of toys
29
1
An importer must take such of the following actions in relation to a toy as the importer considers appropriate for the purpose of protecting the health and safety of consumers, taking into account any risk presented by the toy.
2
The actions are —
a
carrying out sample testing of marketed toys;
b
investigating any complaint made in relation to the toy;
c
keeping a register of —
i
any such complaints;
ii
any toy in relation to which any provision of these Regulations has not been complied with; and
iii
any toy which has been recalled; and
d
keeping distributors informed of any action taken by the importer in accordance with sub-paragraph (a), (b) or (c).
Non-compliant toys and toys presenting a risk
30
1
Paragraph (2) applies if an importer has reason to believe that a toy which the importer was intending to place on the market —
a
will not comply with the essential safety requirements during its foreseeable and normal period of use; and
b
presents a risk.
2
The importer must inform the manufacturer and the relevant enforcement authority of the risk presented by the toy.
3
An importer who has placed a toy on the market and has reason to believe that any provision of these Regulations has not been complied with in relation to the toy must immediately —
a
take the corrective measures which are necessary to ensure that the provision is complied with in relation to the toy, or withdraw or recall the toy, if appropriate; and
b
where the toy presents a risk, provide the relevant enforcement authority with information about the following matters.
4
The matters are —
a
the risk presented by the toy;
b
the non-compliance in question; and
c
any corrective measures taken in accordance with paragraph (1)(a).
5
An enforcement authority may request an importer who has placed a toy on the market to cooperate with it in relation to any action taken or to be taken to eliminate any risk posed by the toy.
6
The importer must comply with the request.
Duties to retain and provide information
31
1
An importer must, for a period of 10 years after the day on which the toy is placed on the market —
a
keep a copy of the EC declaration of conformity; and
b
ensure that the technical documentation can be made available to an enforcement authority on request by the authority.
2
An enforcement authority may, during the 10 year period, request an importer to provide, within such period as the authority may specify, a copy of all or part of the technical documentation (including the EC declaration of conformity), or a translation of it into English.
3
The request must be accompanied by the reasons for making the request.
4
The importer must comply with the request.
Duty in certain circumstances to comply with manufacturers’ duties in place of importers’ duties
32
1
This regulation applies where an importer —
a
places a toy on the market under the importer’s name or trademark; or
b
modifies a toy already placed on the market in such a way that compliance with the essential safety requirements may be affected.
2
The importer must comply with all of the duties imposed by these Regulations on a manufacturer and in such a case, a reference to the manufacturer in these Regulations is to be taken as being a reference to the importer.
3
Such an importer is not required to comply with the duties imposed by these Regulations on importers.
Distributors
Duty to act with due care and prohibitions on making toys available on the market
33
1
A distributor must act with due care in relation to the compliance of a toy which the distributor intends to make available on the market with the provisions of these Regulations.
2
A distributor must not make a toy available on the market if the distributor has reason to believe that the toy will not comply with the essential safety requirements during its foreseeable and normal period of use.
3
A distributor must not make a toy available on the market unless the distributor has —
a
verified that the manufacturer has done all of the following things in relation to the toy —
i
affixed the CE marking in accordance with regulation 18;
ii
complied with regulation 19 (information identifying toy and manufacturer); and
iii
complied with regulation 20 (instructions for use, safety information and warnings);
b
verified that any importer has complied with regulation 27 (information identifying importer) in relation to the toy; and
c
complied with regulation 34 (storage or transport of toys) in relation to the toy.
Storage or transport of toys under distributor’s responsibility
34
A distributor must ensure that, while a toy is under the distributor’s responsibility, the conditions in which it is stored or transported will not jeopardise the toy’s compliance with the essential safety requirements during its foreseeable and normal period of use.
Non-compliant toys and toys presenting a risk
35
1
Paragraph (2) applies if a distributor has reason to believe that a toy which the distributor was intending to make available on the market —
a
will not comply with the essential safety requirements during its foreseeable and normal period of use; and
b
presents a risk.
2
The distributor must inform the following of the risk presented by the toy —
a
the importer (if there is one);
b
the manufacturer (if there is no importer); and
c
the relevant enforcement authority.
3
A distributor who has made a toy available on the market and has reason to believe that any provision of these Regulations has not been complied with in relation to the toy must immediately —
a
take the corrective measures which are necessary to ensure that the provision is complied with in relation to the toy, or withdraw or recall the toy, if appropriate; and
b
where the toy presents a risk, provide the relevant enforcement authority with information about the following matters.
4
The matters are —
a
the risk presented by the toy;
b
the non-compliance in question; and
c
any corrective measures taken in relation to the toy in accordance with paragraph (3)(a).
5
An enforcement authority may request a distributor who has made a toy available on the market to cooperate with it in relation to any action taken or to be taken to eliminate any risk posed by the toy.
6
The request must be accompanied by the reasons for making the request.
7
The distributor must comply with the request.
Duty to provide information
36
1
An enforcement authority may request a distributor to provide, within such period as the authority may specify, any information or documents within the distributor’s knowledge or possession which demonstrate that the toy will satisfy the essential safety requirements during its foreseeable and normal period of use.
2
A request must be accompanied by the reasons for making the request.
3
The distributor must comply with the request.
4
A request for information or documents may not be made more than 10 years after the day on which the toy is placed on the market.
Duty in certain circumstances to comply with manufacturers’ duties in place of distributors’ duties
37
1
This regulation applies where a distributor —
a
places a toy on the market under the distributor’s name or trademark; or
b
modifies a toy already placed on the market in such a way that compliance with the essential safety requirements may be affected.
2
The distributor must comply with all of the duties imposed by these Regulations on a manufacturer, and in such a case, a reference to the manufacturer in these Regulations is to be taken as being a reference to the distributor.
3
Such a distributor is not required to comply with the duties imposed by these Regulations on distributors.
All economic operators
Identification of economic operators to enforcement authorities
38
1
An enforcement authority may, before the end of the period specified in paragraph (3), request an economic operator to identify to the authority, within such period as the authority may specify —
a
any other economic operator who has supplied it with a toy; and
b
any other economic operator to whom it has supplied a toy.
2
The economic operator must comply with the request.
3
The period is —
a
where the request is made to a manufacturer, 10 years after the day on which the toy was placed on the market;
b
where the request is made to any other economic operator, 10 years after the day on which the economic operator was supplied with the toy.
Protection of CE marking
39
1
A person must not affix a CE 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 in accordance with regulation 25(1) to affix the CE 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 CE 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 CE 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 CE marking is not thereby impaired.
PART 3 Designation of Notified Bodies
Designation of UK notified bodies
40
1
The Secretary of State may designate a person to carry out conformity assessment (a “notified body designation”).
2
A person in respect of whom a notified body designation has been made is a UK notified body to the extent that the designation remains in effect provided that —
a
the designation has been notified by the Secretary of State to the European Commission and the other member States,
b
no objections have raised by the Commission or the other member States within the time periods in Article 31 of the Directive.
3
A person wishing to be a UK notified body must apply to the Secretary of State for designation.
4
A notified body designation must not be made unless the Secretary of State is satisfied that the person meets the requirements laid down in paragraphs 2 to 11 of Article 26 of the Directive (the “notified body criteria”).
5
A person who meets the relevant assessment criteria laid down in a harmonised standard shall be presumed to meet that part of the notified body criteria which corresponds to the criteria in that standard.
6
The presumption of compliance in paragraph (5) is rebuttable.
7
A notified body designation —
a
must be in writing;
b
must specify the conformity assessment procedures that the person designated may carry out;
c
may designate a person for a specified period; and
d
may be made subject to such other conditions as are specified in the designation, including conditions which are to apply upon or following termination of the designation.
8
In making a notified body designation the Secretary of State may have regard (in addition to the notified body criteria) to any other matter which appears to the Secretary of State to be relevant.
9
A UK notified body must comply with any request of the Secretary of State to provide information relevant to determining its compliance with the notified body criteria, these Regulations, or any condition to which its designation is subject.
Duration, variation and termination of designation
41
1
A notified body designation other than one which designates a person as a UK notified body for a specified period has effect unless it is suspended, restricted or withdrawn under paragraph (4).
2
A notified body designation which designates a person as a UK notified body for a specified period expires in accordance with its terms unless the period so specified is extended or shortened under paragraph (3) before the date on which it had been due to expire.
3
The Secretary of State may vary any aspect of a notified body designation if —
a
the UK notified body so requests;
b
it appears to the Secretary of State necessary or expedient to do so; or
c
upon a request of the European Commission.
4
The Secretary of State may suspend, restrict or withdraw a notified body designation —
a
on the expiry of 90 days’ notice in writing at the request of the UK notified body;
b
if it appears to the Secretary of State that any condition of the designation is not complied with;
c
if the Secretary of State considers that the UK notified body no longer satisfies the notified body criteria; or
d
upon a request of the European Commission.
5
Where the Secretary of State is minded to vary a designation in accordance with paragraph (3)(b), or to suspend, restrict or withdraw a notified body designation under paragraph (4)(b) or (c), the Secretary of State must —
a
give notice in writing to the UK notified body of the proposed variation or suspension, restriction or withdrawal and the reasons for it, stating that the body has 21 days from the date of the notice in which to make representations to the Secretary of State in respect of the proposed variation, suspension, restriction or withdrawal; and
b
consider any representations received in accordance with the notice.
6
If a designation is suspended, restricted or withdrawn under paragraph (4), the Secretary of State may, by notice in writing —
a
authorise another UK notified body to take over the functions of the UK notified body whose designation has been suspended, restricted or withdrawn in respect of such cases as are specified in the notice; and
b
give such directions as the Secretary of State considers appropriate (either to the UK notified body whose designation has been suspended, restricted or withdrawn or to another UK notified body) in respect of the UK notified body’s files or any other matter which the Secretary of State considers expedient for the purposes of ensuring that another notified body carries out the functions of a notified body for the existing customers of the body whose designation has been suspended, restricted or withdrawn.
PART 4 Functions of UK Notified Bodies
Duty to perform EC-type examinations
42
1
A UK notified body to whom an application for EC-type examination is made in accordance with regulation 14 must carry out the functions specified in Module B (EC-type examination) in relation to that application.
2
But a UK notified body is not obliged to carry out such functions where —
a
the documents submitted to it in relation to the carrying out of the functions are not in English or another language acceptable to the body;
b
the manufacturer has not submitted with its application the fee which the body requires (in accordance with regulation 50);
c
the body reasonably believes that, having regard to the number of outstanding applications made to it in relation to its designation, it will be unable to carry out the required work within 6 months of receiving the application; or
d
the terms of the body’s designation do not entitle the body to carry out the functions of notified bodies specified in Module B in relation to the application.
Performance of EC-type examinations
43
1
A UK notified body performing an EC-type examination in relation to a toy must —
a
perform that examination in accordance with the provisions of Module B;
b
evaluate (if necessary together with the manufacturer) the analysis carried out by the manufacturer in accordance with regulation 12 (safety assessment); and
c
while respecting the need for the requirements that are imposed by these Regulations in relation to the toy to be complied with, perform the examination —
i
in a proportionate manner, avoiding unnecessary burdens for economic operators; and
ii
taking due account of —
aa
the size of the relevant economic operator;
bb
the sector in which the economic operator operates;
cc
the structure of the economic operator;
dd
the degree of complexity of the technology of the toy; and
ee
the mass or serial nature of the production process for the toy.
2
Point 2 of Module B shall be treated as requiring EC-type examination to be performed in the manner specified in the second indent of point 2 (combination of product type and design type).
Issue and content of EC-type examination certificate, and refusal and appeal against refusal to issue certificate
44
1
A UK notified body who has performed an EC-type examination in relation to a toy must comply with the provisions of Module B relating to the issue of (or refusal to issue) an EC-type examination certificate.
2
An EC-type examination certificate must include —
a
a reference to the Directive;
b
a colour image of the toy;
c
a clear description of the toy, including its dimensions;
d
a list of the tests performed during the EC-type examination of the toy; and
e
a reference to the test report for each listed test.
3
A UK notified body must refuse to issue an EC-type examination certificate if —
a
in the body’s opinion the toy will not comply with the essential safety requirements during its foreseeable and normal period of use;
b
the body is aware that an EC-type examination certificate that was previously issued in relation to the toy has been withdrawn by any notified body; or
c
the body is aware that a notified body has previously refused to issue an EC-type examination certificate in relation to the toy.
4
But sub-paragraphs (b) and (c) of paragraph (3) do not preclude a UK notified body from issuing an EC-type examination certificate if, following the withdrawal of, or refusal to issue, an EC-type examination certificate, the manufacturer has taken corrective measures in relation to the toy which have the effect that the toy will comply with the essential safety requirements during its foreseeable and normal period of use.
5
If a UK notified body has refused to issue an EC-type examination certificate under paragraph (3)(a), the body must inform the manufacturer of the corrective measures which in the body’s view the manufacturer needs to take in relation to the toy.
6
A UK notified body must make provision for a manufacturer to appeal against a refusal by the body to issue an EC-type examination certificate in relation to a toy.
Action (after issue of EC-type examination certificate) where a toy fails to comply with essential safety requirements
45
1
This regulation applies where —
a
an EC-type examination certificate has been issued in relation to a toy; and
b
a UK notified body finds that the toy will not comply with the essential safety requirements during its foreseeable and normal period of use —
i
following the review by the body of the certificate on its submission to the body for review by the manufacturer; or
ii
in the course of any other monitoring by the body of whether the toy will comply with the essential safety requirements during its foreseeable and normal period of use.
2
The UK notified body must —
a
consider —
i
what corrective measures the manufacturer needs to take in relation to the toy in the light of the body’s findings; and
ii
whether it is necessary to suspend or withdraw the EC-type examination certificate;
b
send the manufacturer a notice in writing —
i
setting out the conclusions the body has provisionally reached under sub-paragraph (a);
ii
setting out the reasons for those conclusions; and
iii
inviting the manufacturer to respond to the conclusions within such reasonable period as is specified in the notice;
c
make a decision on the matters specified in sub-paragraph (2)(a), taking into account any response received from the manufacturer within the period specified in the notice; and
d
inform the manufacturer of the decision and the reasons for it.
3
The UK notified body must restrict, suspend or withdraw, as appropriate, the EC-type examination certificate issued in relation to the toy, where the manufacturer has been informed in accordance with paragraph (2)(d) of the corrective measures that the manufacturer needs to take in relation to the toy and where —
a
the EC-type examination certificate issued in relation to the toy has not already been withdrawn under paragraph (2)(c); and either
b
the manufacturer fails within such period as is reasonable in the circumstances to take those measures; or
c
the manufacturer takes those measures, but the UK notified body forms the view that those measures have not in fact had the effect that the toy will comply with the essential safety requirements during its foreseeable and normal period of use.
4
Before restricting, suspending or withdrawing an EC-type examination certificate under paragraph (3) the UK notified body must —
a
consider which of those actions it is appropriate to take in the circumstances; and
b
send the manufacturer a notice in writing —
i
setting out the conclusions the body has provisionally reached under sub-paragraph (a);
ii
setting out the reasons for those conclusions; and
iii
inviting the manufacturer to respond to the conclusions within such reasonable period as is specified in the notice;
c
make a decision on the matter specified in sub-paragraph (a), taking into account any response received from the manufacturer within the period specified in the notice; and
d
inform the manufacturer of the decision and the reasons for it.
Provision of information by UK notified bodies to other notified bodies
46
A UK notified body must provide other notified bodies which carry out similar conformity assessment activities covering the same toys with relevant information on issues relating to negative and, on request, positive conformity assessment results.
Instructions to UK notified bodies in relation to EC-type examination certificates
47
1
An enforcement authority may request a UK notified body to provide to it, within such period as the body may specify, information relating to —
a
an EC-type examination certificate which that body has issued or withdrawn in relation to a toy; or
b
a refusal by that body to issue an EC-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 UK notified 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 a UK notified body who issued an EC-type examination certificate in relation to the toy to withdraw it.
5
An enforcement authority must, where it considers it to be necessary, require a UK notified body to review an EC-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 a notified 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 a notified body;
c
where 5 years have elapsed since the certificate was last reviewed by a notified body without it having being reviewed again by a notified body.
7
The UK notified body must comply with a requirement imposed under paragraph (5).
Participation by UK notified bodies in sectoral groups of notified bodies
48
1
A UK notified body must participate in the work of each relevant sectoral group of notified bodies put in place by the European Commission in accordance with Article 38 of the Directive (coordination of notified bodies).
2
A UK notified body may participate by means of a representative designated by it to participate on its behalf.
Subcontracting by a UK notified body
49
1
A UK notified body may subcontract a specific task or activity connected with conformity assessment or have recourse to a subsidiary to carry out a task or activity if —
a
the body is satisfied that the subcontractor or subsidiary meets the requirements laid down in paragraphs 2 to 11 of Article 26 of the Directive (requirements relating to notified bodies); and
b
the economic operator for whom the task or activity is to be carried out has consented to the task or activity being performed by that person.
2
A UK notified body which subcontracts a specific task or activity connected with conformity assessment or has recourse to a subsidiary to carry out a task or activity —
a
must inform the Secretary of State that the body is satisfied that the subcontractor or subsidiary meets the requirements laid down in paragraphs 2 to 11 of Article 26 of the Directive; and
b
remains responsible for the proper performance of the task or activity (irrespective of where the subcontractor or subsidiary is established).
3
The Secretary of State may request a UK notified body to provide to the Secretary of State, within a specified period, any relevant documents concerning the assessment of the qualifications of the subcontractor or subsidiary and the tasks or activities carried out by the subcontractor or subsidiary.
4
The UK notified body must comply with the request.
Charging of fees by UK notified body
50
1
A UK notified body may charge such fees in connection with, or incidental to, the carrying out of its functions under regulations 42 to 45 as it may determine
2
But any such fee shall not exceed the sum of —
a
the costs incurred or to be incurred by the body in performing the relevant functions; and
b
an amount on account of profit which is reasonable in the circumstances having regard to —
i
the character and extent of the work done or to be done by the body for the manufacturer, and
ii
the commercial rate normally charged on account of profit for that work or similar work.
3
A UK notified body may require the payment of fees or a reasonable estimate of fees in advance of carrying out the work for the manufacturer.
Provision of information by UK notified bodies to the Secretary of State
51
1
A UK notified body must notify the Secretary of State of —
a
any refusal by the body to issue an EC-type examination certificate in relation to a toy;
b
any restriction, suspension or withdrawal by the body of an EC-type examination certificate issued in relation to a toy;
c
any circumstances affecting the scope of the body’s designation or any conditions to which its designation is subject; and
d
any request which the body has received from an enforcement body for information about conformity assessment activities.
2
The Secretary of State may request a UK notified body to provide to the Secretary of State, within such period as the Secretary of State may specify —
a
information about any conformity assessment activity carried out by the body within the scope of the body’s designation;
b
information about any other activity carried out by the body, including cross-border activities and sub-contracting; and
c
information relevant to determining the body’s compliance with any of the requirements laid down in paragraphs (2) to (11) of Article 26 of the Directive (requirements relating to notified bodies), any provision of these Regulations or any condition to which the body’s designation is subject.
3
The UK notified body must comply with the request.
PART 5 Enforcement
Enforcement action in cases of formal non-compliance
52
1
An enforcement authority may serve a compliance notice on an economic operator if it finds that a non-compliance of any of the following types has occurred in relation to a toy —
a
no CE marking has been affixed;
b
a CE marking has been affixed but any provision of regulation 18 or regulation 39 has not been complied with or has been contravened;
c
the manufacturer has not drawn up an EC declaration of conformity;
d
the manufacturer has drawn up an EC declaration of conformity but the declaration does not comply with any provision of regulation 16(1) to (4); or
e
the technical documentation is unavailable or incomplete.
2
A compliance notice must —
a
require the economic operator —
i
to put an end to the non-compliance within such period as may be specified in the notice; or
ii
to provide evidence within that period to the satisfaction of the enforcement authority that the non-compliance has not in fact occurred; and
b
warn the economic operator that, if the non-compliance continues, or if satisfactory evidence has not been produced under sub-paragraph (a) within the period specified in the notice, further action may be taken by an enforcement authority in respect of that toy or any toy of the same type supplied by that person.
3
A compliance notice may include directions as to the measures to be taken by the economic operator to secure compliance, including different ways of securing compliance.
4
A compliance notice has effect throughout the United Kingdom.
5
Where an economic operator fails to comply with the requirements of a compliance notice, the enforcement authority may —
a
serve a withdrawal notice under regulation 14(1) GPSR;
b
serve a recall notice under regulation 15(1) GPSR;.
6
For the purposes of taking an action referred to in paragraph (5), regulations 14, 15, 16, and 17 of the GPSR are applicable
7
Where a notice is served under paragraph (5), the grounds for serving the notice that would otherwise apply under the GPSR are satisfied by complying with this regulation.
Enforcement action in cases of toys presenting a risk
53
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.
5
This regulation does not apply where any provisional measure taken by another Member State in relation to a toy pursuant to Article 42(4) of the Directive is deemed under Article 42(7) of the Directive to be justified or is decided by the European Commission to be justified pursuant to Article 43(1) of the Directive (and that decision is communicated to the United Kingdom).
Notification of enforcement action taken in cases of toys presenting a risk
54
1
An enforcement authority, or other person who has taken action under the 1987 Act or the GPSR, must give immediate notice to the Secretary of State of any action taken by it, finding made or other opinion formed by it, or other matter within its knowledge, which is required to be notified to the European Commission or the other Member States under Articles 42, 43 or 44 of the Directive.
2
An enforcement authority which has taken action under regulation 53 must inform the relevant notified body accordingly.
Requirements relating to certain measures taken by enforcement authorities or other persons
55
1
Paragraph (2) applies in relation to a measure taken by an enforcement authority or other person to —
a
prohibit or restrict a toy from being made available on the market;
b
withdraw a toy; or
c
recall a toy.
2
The following requirements must be complied with in relation to the measure —
a
the measure must state the exact grounds on which it is based;
b
the measure must be notified without delay to the party concerned; and
c
at the same time as the measure is notified to the party concerned that party must also be informed of —
i
any remedy available to that party in relation to the measure; and
ii
any time limit to which that remedy is subject.
3
Where an enforcement authority takes a measure in relation to a toy, the authority must take due account of the precautionary principle.
4
Where an enforcement authority takes a measure in relation to a toy which is considered unjustified in accordance with Article 43(2) of the Directive (Community safeguard procedure), the enforcement authority must withdraw the measure or apply to the court to withdraw the measure as may be required.
Commencement of proceedings
56
1
In England and Wales a magistrates’ court may try an information, and in Northern Ireland a magistrates’ court may try a complaint, in respect of an offence committed under section 12 of the 1987 Act in relation to a contravention of or a failure to comply with these Regulations if the information is laid or the complaint is made within twelve months from the discovery of the offence by the prosecutor.
2
In Scotland summary proceedings in relation to an offence committed under section 12 of the 1987 Act in relation to a contravention of or a failure to comply with these Regulations may be begun at any time within twelve months from the discovery of the offence by the prosecutor.
3
No such proceedings shall be brought more than three years after the commission of the offence.
Amendment to the General Product Safety Regulations 2005
57
The General Product Safety Regulations 2005 are amended as follows —
a
In regulation 2 (Interpretation) insert the following at the end of the definition of “Community law” –
“and does not include Regulation (EC) No 765/2008 of the European Parliament and the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 .”.
PART 6 Review
Review
58
1
Before the end of each review period, the Secretary of State must —
a
carry out a review of these Regulations
b
set out the conclusions of the review in a report, and
c
publish the report.
2
In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how Directive 2009/48/EC of the European Parliament and of the Council on the safety of toys (which is implemented by means of these Regulations) is implemented in other member States.
3
The report must in particular —
a
set out the objectives intended to be achieved by the regulatory system established by these Regulations;
b
assess the extent to which those objectives are achieved, and
c
assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.
4
“Review period” means —
a
the period of five years beginning with the day on which these Regulations come into force, and
b
subject to paragraph (5), each successive period of five years.
5
If a report under this regulation is published before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is published.
Edward Davey
Minister for Employment Relations, Consumer and Postal Affairs
Department for Business, Innovation and Skills
24th July 2011