The Toys (Safety) Regulations 2011

UK Statutory Instrument 2011 No. 1881 — creates 1 criminal offence.

1offences created

0recorded in force

0revoked

Made: 24 July 2011
In force from: 19 August 2011
Extent: Not stated
Subject: Food, consumer protection, trading standards, product safety and age-restricted sales
Made under: Consumer Protection Act 1987, European Communities Act 1972, In accordance with section 11(5) of the Consumer Protection Act 1987, Schedule 2 to, the European Communities Act 1972, Schedule 2 to, the European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement Directive 2009/48/EC of the European Parliament and of the Council of 18th June 2009 on the safety of toys (OJ No L 170, 30.06.2009, p1). The Directive sets harmonised safety requirements for toys and minimum requirements for market surveillance, in order to ensure a high level of safety of toys with a view to ensuring the health and safety of children whilst guaranteeing the functioning of the internal market. The Directive repeals and replaces Council Directive 88/378/EEC of 3rd May 1988 on the approximation of the laws of the Member States concerning the safety of toys (OJ No L 187, 16.7.88, p1) (as amended), which was implemented in the United Kingdom by the Toys (Safety) Regulations 1995 (S.I. 1995/204) (as amended). These Regulations revoke and replace S.I. 1995/204, subject to the continuing application of S.I. 1995/204 to toys placed on the market before these Regulations come into force. (regulation 2). Regulation 4 sets out the toys to which the Regulations apply. In particular, they apply only to toys placed on the market on or after these Regulations come into force. Regulation 5 defines the essential safety requirements which apply to toys, and is subject to a transitional provision in respect of the requirements concerning the chemical properties of toys placed on the market before 20th July 2013 (regulation 6). Part 2 of the Regulations sets out the prohibitions and obligations on economic operators. These are divided into prohibitions and obligations on manufacturers and their authorised representatives (regulations 10 to 25), on importers (regulations 26 to 32), on distributors (regulations 33 to 37), and on all economic operators (regulations 38 and 39). The various categories of economic operator are defined in regulation 3. In certain circumstances, importers and distributors are required to comply with the duties on manufacturers in place of the duties on importers or distributors (regulations 32 and 37). Parts 1 and 2 are safety regulations and are enforceable under the Consumer Protection Act 1987. Section 12 of the Act contains offences for breaching safety regulations and other enforcement provisions. Part 3 of the Regulations sets out the process for the appointment of conformity assessment bodies as UK notified bodies. Conformity assessment is the process of demonstrating whether specified requirements relating to a toy have been fulfilled. Part 4 sets out the functions of UK notified bodies. Part 5 of the Regulations deals with enforcement of the Regulations, both in cases of formal non-compliance and toys presenting a risk. Regulation 57 addresses the relationship between the General Product Safety Regulations 2005 (SI 2005/1803) and Regulation (EC) No 765/2008 on accreditation and market surveillance (OJ L 218, 13.8.2008, p30) so that the powers in the General Product Safety Regulations 2005 are available to supplement the enforcement provisions in these Regulations. Part 6 of the Regulations requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them. A transposition note and a full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector are available from the BIS website (www.bis.gov.uk). They are also annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk. Copies have also been placed in the Libraries of both Houses of Parliament.

Offences created by this instrument

Contravention of The Toys (Safety) Regulations 2011 the instrument as a whole · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Retained EU Law (Revocation and Reform) Bill Commons · Commons Chamber · 18 January 2023 · Mr Speaker
With this it will be convenient to discuss the following: New clause 2— Conditions for bringing sections 3, 4 and 5 into force — “(1) None of sections 3, 4 or 5 may be brought into force unless all the following conditions have been satisfied. (2) The first condition is that a Minister of the Crown has, after consulting organisations and persons representative of interests substantially affected by, or with expertise in the likely legal effect of, that section on a draft of that report, laid a report before each House of Parliament setting out, with reasons, the Minister’s view as to the…
Retained EU Law (Revocation and Reform) Bill Lords · Lords Chamber · 23 February 2023 · Lord Clement-Jones (LD)
My Lords, I am greatly encouraged by the fact that the Minister believes that these debates on individual regulations are helpful—at least, that is what I heard her to say. This group, like the previous one, concerns a regulation that affects a large number of important product safety laws in the UK that have been fundamental to many consumers. Amendment 5 deals with product safety laws in the toy industry. The industry has operated for many decades and has ensured, as the British Toy & Hobby Association says, that businesses bring safe toys and games to the market and protect British…
Product Regulation and Metrology Bill [Lords] (Second sitting) Commons · Public Bill Committees · 13 May 2025 · Justin Madders
If we were to limit ourselves to naming organisations in the Bill, we might not have sufficient flexibility in the future. I am trying to indicate the types of body that we would expect to enforce product safety regulations, as they do already. Amendment 24 would prevent regulations made under the Bill from creating product regulations and metrology enforcement powers and functions. At present, product legislation provides a patchwork of enforcement powers across numerous pieces of legislation, but that has caused complexities and inconsistencies to emerge over decades. The Bill will enable…
Product Regulation and Metrology Bill [Lords] (Second sitting) Commons · Public Bill Committees · 13 May 2025 · Justin Madders
I refer the hon. Member to clause 5(5), which talks about quantities, goods and units of measurement, which is the broad ambit of the areas where these powers will apply. Amendment 29 seeks to prevent regulations made under the Bill from creating product regulation and metrology enforcement powers and functions. At present, product legislation provides a patchwork of enforcement powers across numerous pieces of legislation. That has caused complexity over the decades, so we are seeking to introduce new enforcement powers that are able to meet changing demands without the continuous process…

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