| Guvnor

Enforced by: OPSS, Trading Standards
Status: Amended (in force with amendments)
Penalty ceiling: Prosecution 11 of 103 obligations carry an unlimited fine. 92 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Manufacturer50 Conformity Assessment Body19 Any Person12 Distributor4 Designer1 Operator1

Plus 16 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Manufacturer — also bound by 502 other Acts

Pressure Equipment (Safety) Regulations 2016 93 duties

Measuring Instruments Regulations 2016 85 duties

Non-Automatic Weighing Instruments Regulations 2016 78 duties

Commission Delegated Regulation (EU) 2017/654 of 19 December 2016 supplementing Regulation (EU) 2016/1628 of the European Parliament and of the Council with regard to technical and general requirements relating to emission limits and type-approval for internal combustion engines for non-road mobile machinery 76 duties

Human Medicines Regulations 2012 75 duties

Conformity Assessment Body — also bound by 47 other Acts

Pressure Equipment (Safety) Regulations 2016 29 duties

Lifts Regulations 2016 28 duties

Radio Equipment Regulations 2017 27 duties

Explosives Regulations 2014 22 duties

Pyrotechnic Articles (Safety) Regulations 2015 22 duties

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Distributor — also bound by 182 other Acts

UK REACH Regulation (retained EU law) 44 duties

The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 28 duties

The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 26 duties

The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 25 duties

Electricity Safety, Quality and Continuity Regulations 2002 21 duties

Designer — also bound by 13 other Acts

Construction (Design and Management) Regulations 2015 19 duties

Building Regulations (Northern Ireland) 2012 2 duties

Building (Scotland) Regulations 2004 1 duty

Building (Procedure) (Scotland) Regulations 2004 1 duty

Building Regulations 2010 1 duty

Operator — also bound by 746 other Acts

Regulation (EU) No 965/2012 (Air Operations) 203 duties

Commission Implementing Regulation (EU) 2018/2066 of 19 December 2018 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council and amending Commission Regulation (EU) No 601/2012 (Text with EEA relevance) 121 duties

Commission Regulation (EU) No 601/2012 of 21 June 2012 on the monitoring and reporting of greenhouse gas emissions pursuant to Directive 2003/87/EC of the European Parliament and of the Council (Text with EEA relevance) (repealed) 112 duties

Space Industry Regulations 2021 76 duties

Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (Text with EEA relevance) 66 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Preliminary

1 of 12 sections shown

s.005 Essential safety requirements Regulated

Ensure toys meet essential safety and warning requirementsManufacturer

11 other sections in this Part — procedural and definitional

s.001 Citation and commencement

s.002 Revocation, saving and amendment

s.003 Interpretation

s.004 Toys to which these Regulations apply

s.006 Particular safety requirements for toys placed on the market before 20th July 2013

s.007 Presumption of conformity

s.008 Exception for trade fairs or exhibitions

s.009 Parts 1 and 2 are safety regulations within the meaning of the 1987 Act

s.annexes to eu legislation as schedules Annexes to EU legislation as Schedules

s.designated standard Designated standard

s.transitional provision in relation to eu exit Transitional provision in relation to EU Exit

Part 2

Prohibitions and Obligations on Economic Operators

31 of 35 sections shown

s.010 Prohibitions on placing toys on the market Prosecution

Ensure toys meet safety standards and technical requirements before saleManufacturer

Unlimited fine

s.011 Design and manufacture of toys in accordance with essential safety requirements Prosecution

Design and manufacture toys to meet essential safety requirementsManufacturer

Unlimited fine

s.012 Safety assessment Regulated

Conduct a comprehensive safety assessment for toysManufacturer

s.013 Applicable conformity assessment procedures Regulated

Select and follow the correct safety assessment procedure for toysManufacturer

s.014 Application for Type examination Regulated

Apply to an approved body for a toy type examinationManufacturer

s.015 UK(NI) indication Regulated

Affix the UK(NI) indication to toys for the Northern Ireland marketManufacturer

s.015 Register of UK notified bodies Regulated

Other duties (1) — Crown / regulator

Secretary of State must maintain a public register of toy safety notified bodiesCrown / Minister / Government department

s.015 Declaration of conformity and UK marking Regulated

Create a declaration of conformity and apply the UK markingManufacturer

s.016 (1) The ... declaration of conformity must state that it... Regulated

Create, maintain, and update the Declaration of Conformity for toysManufacturer

s.017 Technical documentation and correspondence relating to Type examination Regulated

Create and keep technical safety files for toysManufacturer

s.018 Toys to bear UK marking Regulated

Affix the UK marking to toys visibly and legiblyManufacturer

s.019 Information identifying toy and manufacturer Regulated

Label toys with identifying information and manufacturer detailsManufacturer

s.020 Instructions for use, safety information and warnings Regulated

Label toys with clear safety instructions, warnings, and user limitationsManufacturer

s.021 Compliance procedures for series production Regulated

Maintain compliance procedures for mass-produced toysManufacturer

s.022 Submission of Type examination certificate for review Regulated

Submit toy type examination certificates for reviewManufacturer

s.023 Monitoring of toys Prosecution

Monitor toy safety and maintain complaint registersManufacturer

Unlimited fine

s.024 Non-compliant toys and toys presenting a risk Regulated

Recall or fix non-compliant toys and notify authorities of risksManufacturer

s.025 Manufacturer's authorised representative Regulated

Ensure your UK authorised representative meets legal requirementsManufacturer

s.026 Prohibitions on placing toys on the market Prosecution

Ensure toy safety and verify manufacturer compliance before importingManufacturer

Unlimited fine

s.027 Information identifying importer Regulated

Label toys with importer contact detailsManufacturer

s.028 Storage or transport of toys Prosecution

Maintain toy safety during storage and transportManufacturer

Unlimited fine

s.029 Monitoring of toys Regulated

Monitor toy safety and maintain a complaints registerManufacturer

s.030 Non-compliant toys and toys presenting a risk Regulated

Act on and report unsafe or non-compliant toysManufacturer

s.031 Duties to retain and provide information Prosecution

Keep toy compliance records for 10 yearsManufacturer

Unlimited fine

s.032 Duty in certain circumstances to comply with manufacturers' duties in place of importers' duties Prosecution

Assume manufacturer duties if you brand or modify toysManufacturer

Unlimited fine

s.033 Duty to act with due care and prohibitions on making toys available on the market Prosecution

Verify toy safety and compliance before sellingDistributor

Unlimited fine

s.034 Storage or transport of toys under distributor's responsibility Prosecution

Ensure safe storage and transport of toysDistributor

Unlimited fine

s.035 Non-compliant toys and toys presenting a risk Regulated

Act immediately if a toy you sell is unsafe or non-compliantDistributor

s.037 Duty in certain circumstances to comply with manufacturers' duties in place of distributors' duties Regulated

Comply with manufacturer safety duties if you rebrand or modify toysDistributor

s.038 Identification of economic operators to enforcement authorities Regulated

Identify toy suppliers and customers to authorities upon requestOperator

s.039 Protection of UK marking Regulated

Control the use of the UK marking on toysManufacturer

4 other sections in this Part — procedural and definitional

s.036 Duty to provide information

s.further use of uk marking Further use of UK marking

s.obligations which are met by complying with obliga Obligations which are met by complying with obligations in the Directive

s.qualifying northern ireland goods Qualifying Northern Ireland Goods

Part 2

Powers and duties of the Secretary of State in relation to toys

1 of 4 sections shown

s.039 Duty of the Secretary of State to evaluate use of hazardous substances Regulated

Other duties (1) — Crown / regulator

Secretary of State must evaluate and report on hazardous substances in toysCrown / Minister / Government department

3 other sections in this Part — procedural and definitional

s.powers to amend appendix a to schedule 2 Powers to amend Appendix A to Schedule 2

s.power to amend appendix c to schedule 2 Power to amend Appendix C to Schedule 2

s.power to amend schedules 1, 2 and 5 Power to amend Schedules 1, 2 and 5

Part 3

Approval of Conformity Assessment Bodies

6 of 10 sections shown

s.040 Monitoring Regulated

Other duties (1) — Crown / regulator

Secretary of State must monitor approved toy safety bodiesCrown / Minister / Government department

s.040 Operational matters in relation to approved bodies Regulated

Approved bodies must perform assessments within their scopeConformity Assessment Body

s.040 Register of approved bodies Regulated

Other duties (1) — Crown / regulator

Secretary of State must maintain a public register of approved toy testersCrown / Minister / Government department

s.040 Designation of UK notified bodies Regulated

Other duties (1) — Crown / regulator

Secretary of State must designate UK notified bodies for toy safetyCrown / Minister / Government department

s.restriction, suspension or withdrawal of approval Restriction, suspension or withdrawal of approval Regulated

Keep or transfer your approved body files for 10 years if approval is withdrawnConformity Assessment Body

s.subsidiaries and contractors Subsidiaries and contractors Regulated

Approved bodies must manage subcontracting of toy conformity assessmentsConformity Assessment Body

4 other sections in this Part — procedural and definitional

s.041 UK national accreditation body

s.approval of conformity assessment bodies Approval of conformity assessment bodies

s.approved bodies Approved bodies

s.presumption of conformity of approved bodies Presumption of conformity of approved bodies

Part 4

Functions of Approved Bodies

9 of 10 sections shown

s.042 Duty to perform Type examinations Regulated

Approved bodies must perform Type examinations for toy safetyConformity Assessment Body

s.043 Performance of Type examinations Regulated

Approved bodies must perform toy safety examinations proportionatelyConformity Assessment Body

s.044 Issue and content of Type examination certificate, and refusal and appeal against refusal to issue certificate Regulated

Other duties (1) — Crown / regulator

Approved bodies must follow specific rules when certifying or refusing toysStatutory regulator

s.045 Action (after issue of Type examination certificate) where a toy fails to comply with essential safety requirements Regulated

Other duties (1) — Crown / regulator

Approved body must act when a toy fails safety requirements after certificationStatutory regulator

s.046 Provision of information by approved bodies to other approved bodies Regulated

Approved bodies must share toy safety assessment results with each otherConformity Assessment Body

s.047 Instructions to approved bodies in relation to Type examination certificates Regulated

Other duties (1) — Crown / regulator

Regulators may require toy safety certificates to be reviewed or withdrawnStatutory regulator

s.048 Participation by UK notified bodies in sectoral groups of notified bodies Regulated

Participate in or monitor European sectoral coordination groupsConformity Assessment Body

s.049 Subcontracting by a UK notified body Regulated

UK Notified Bodies must ensure subcontractors meet standards and get consentConformity Assessment Body

s.051 Provision of information by approved bodies to the Secretary of State Regulated

Approved bodies must report safety and certification data to the governmentConformity Assessment Body

1 other section in this Part — procedural and definitional

s.050 Charging of fees by approved body

Part 5

Enforcement

5 of 7 sections shown

s.052 Enforcement action in cases of formal non-compliance Prosecution

Other duties (1) — Crown / regulator

Trading Standards and OPSS may issue compliance notices for toy safetyStatutory regulator

Unlimited fine

s.053 Enforcement action in cases of toys presenting a risk Regulated

Other duties (1) — Crown / regulator

Enforcement authorities must evaluate and act on risky toysLocal authority

s.054 Notification of enforcement action taken in cases of toys presenting a risk Regulated

Other duties (1) — Crown / regulator

Local authorities must notify the Secretary of State of toy safety actionsLocal authority

s.055 Offence in respect of UK(NI) indication Prosecution

Contravene Regulation 15A (UK/NI indication)Any Person

Unlimited fine

s.055 Requirements relating to certain measures taken by enforcement authorities or other persons Regulated

Other duties (1) — Crown / regulator

Regulators must provide grounds and remedy info when taking toy safety measuresStatutory regulator

2 other sections in this Part — procedural and definitional

s.056 Commencement of proceedings

s.057 Amendment to the General Product Safety Regulations 2005

Part 6

Review

1 of 1 section shown

s.058 Review Regulated

Other duties (1) — Crown / regulator

Secretary of State must review the Toy Safety Regulations every five yearsCrown / Minister / Government department

Schedules

25 of 58 shown

s.002 PARTICULAR SAFETY REQUIREMENTS (Annex II to the Directive) Regulated

Ensure toys meet essential safety, flammability, and chemical standardsManufacturer

s.sch003 Object of the declaration (identification of toy allowing traceability). It... Regulated

Include a clear colour image of the toy in the Declaration of ConformityManufacturer

s.sch005 Packaging for fragrances in olfactory board games, cosmetic kits and... Regulated

Add allergy warning to packaging for fragrant toysManufacturer

s.sch005 Activity toys Activity toys must bear the following warning:‘Only for... Regulated

Label activity toys and provide safety instructionsManufacturer

s.sch005 Functional toys Functional toys must bear the following warning:‘To be... Regulated

Label functional toys with adult-supervision warning and include instructionsManufacturer

s.sch005 Chemical toys Without prejudice to the application of the provisions... Regulated

Warn users of dangers in chemical toys and provide first aid instructionsManufacturer

s.sch005 Skates, roller skates, online skates, skateboards, scooters and toy bicycles... Regulated

Add safety warning and instructions to children's skates and scootersAny Person

s.sch005 Aquatic toys Aquatic toys must bear the following warning:‘Only to... Regulated

Label aquatic toys with the water-safety warningAny Person

s.sch005 Toys in food Toys contained in food or co-mingled with... Regulated

Put 'Toy inside. Adult supervision recommended' warning on toys in foodManufacturer

s.sch005 Imitations of protective masks and helmets Imitations of protective masks... Regulated

Warn that imitation protective masks and helmets provide no protectionAny Person

s.sch005 Toys intended to be strung across a cradle, cot or... Regulated

Put entanglement warning on cradle/cot strung toys and packagingManufacturer

s.sch007 A conformity assessment body must have the means necessary to... Regulated

Conformity assessment bodies must have necessary resources and equipmentConformity Assessment Body

s.sch007 The personnel responsible for carrying out the conformity assessment activities... Regulated

Ensure conformity assessment staff are properly qualifiedAny Person

s.sch007 A conformity assessment body must be able to demonstrate the... Regulated

Demonstrate impartiality of top management and assessment staffConformity Assessment Body

s.sch007 The renumeration of the top level management and personnel responsible... Regulated

Do not link management pay to assessment numbers or resultsConformity Assessment Body

s.sch007 A conformity assessment body must have, and must satisfy the... Regulated

Conformity assessment bodies must hold adequate civil liability insuranceConformity Assessment Body

s.sch007 A conformity assessment body must ensure that its personnel observe... Regulated

Keep information confidential and protect proprietary rightsConformity Assessment Body

s.sch007 A conformity assessment body must participate in, or ensure that... Regulated

Conformity assessment bodies must participate in standardisation activities and apply guidanceConformity Assessment Body

s.sch007 (1) A conformity assessment body, its top level management and... Regulated

Conformity assessment bodies must stay independent of toy supply chainConformity Assessment Body

s.sch007 A conformity assessment body, its top level management and the... Regulated

Avoid conflicts of interest: do not participate in toy lifecycle activities you assessConformity Assessment Body

s.sch007 A conformity assessment body must not engage in any activity,... Regulated

Avoid any activity that conflicts with your independence or integrityConformity Assessment Body

s.sch007 Conformity assessment bodies must ensure that the activities of their... Regulated

Ensure subsidiaries and subcontractors do not undermine assessment impartialityAny Person

s.sch007 Conformity assessment bodies and their personnel must carry out the... Regulated

Carry out conformity assessments with integrity and technical competenceAny Person

s.sch007 Conformity assessment bodies must be capable of carrying out the... Regulated

Conformity assessment bodies must be capable of performing assigned safety checksAny Person

s.sch007 At all times and for each conformity assessment procedure and... Regulated

Other duties (1) — Crown / regulator

Maintain skilled staff, procedures and policies for toy conformity assessmentStatutory regulator

33 other schedules

s.001 PRODUCTS THAT ARE NOT TOYS (Annex I to the Directive)

s.003 DECLARATION OF CONFORMITY

s.sch001 Products listed in paragraphs 2 to 20 are not to...

s.sch001 Guns and pistols using compressed gas, with the exception of...

s.sch001 Fireworks, including percussion caps which are not specifically designed for...

s.sch001 Products and games using sharp-pointed missiles, such as sets of...

s.sch001 Functional educational products, such as electric ovens, irons or other...

s.sch001 Products intended for use for educational purposes in schools and...

s.sch001 Electronic equipment, such as personal computers and game consoles, used...

s.sch001 Interactive software, intended for leisure and entertainment, such as computer...

s.sch001 Babies' soothers.

s.sch001 Child-appealing luminaires.

s.sch001 Electrical transformers for toys.

s.sch001 Decorative objects for festivities and celebrations.

s.sch001 Fashion accessories for children which are not for use in...

s.sch001 Products for collectors, provided that the product or its packaging...

s.sch001 Sports equipment, including roller skates, inline skates, and skateboards intended...

s.sch001 Bicycles with a maximum saddle height of more than 435...

s.sch001 Scooters and other means of transport designed for sport or...

s.sch001 Electrically driven vehicles which are intended to be used for...

s.sch001 Aquatic equipment intended to be used in deep water, and...

s.sch001 Puzzles with more than 500 pieces.

s.sch003 No (unique identification of the toy(s))

s.sch003 Name and address of the manufacturer or the manufacturer's authorised...

s.sch003 This declaration of conformity is issued under the sole responsibility...

s.sch003 The object of the declaration described in point 4 is...

s.sch003 References to the relevant designated standards used, or references to...

s.sch003 Where applicable: the approved body … (name, number) … performed...

s.sch003 Additional information: Signed for and on behalf of: (place and...

s.sch005 Toys not intended for use by children under 36 months...

s.sch007 (1) A conformity assessment body must have legal personality and...

s.sch007 Paragraph 15 does not prevent the personnel from providing information...

s.sch007 (1) A conformity assessment body must be a third-party body...

sch. 2 para. 11 sch. 2 para. 11 Regulated

List allergenic fragrances on toy packaging above 100 mg/kgAny Person

sch. 2 para. 12 sch. 2 para. 12 Regulated

Comply with labelling and safety requirements for scented games and kitsAny Person

sch. 2 para. 13 sch. 2 para. 13 Regulated

Ensure toys do not exceed chemical migration limitsAny Person

sch. 2 para. 4 sch. 2 para. 4 Regulated

Do not use explosive or flammable substances in toysAny Person

sch. 2 para. 7 sch. 2 para. 7 Regulated

Fit suitable brakes and speed limiters to ride-on toysManufacturer

sch. 2 para. 9 sch. 2 para. 9 Regulated

Ensure accessible surfaces and contained liquids/gases stay at safe temperaturesManufacturer

sch. 4 sch. 4 Regulated

Keep technical documentation for toys including safety detailsManufacturer

sch. 6 para. 2 sch. 6 para. 2 Regulated

Establish technical documentation for toy productsManufacturer

sch. 6 para. 3 sch. 6 para. 3 Regulated

Ensure manufacturing process and monitoring achieve product complianceManufacturer

sch. 6 para. 5 sch. 6 para. 5 Regulated

Approved body must keep evaluation report confidential unless manufacturer agreesConformity Assessment Body

sch. 6 para. 6 sch. 6 para. 6 Regulated

Other duties (1) — Crown / regulator

Approved body must issue or refuse type examination certificate for toy productsStatutory regulator

sch. 6 para. 7 sch. 6 para. 7 Regulated

Manufacturer must inform approved body of product modificationsManufacturer

sch. 6 para. 8 sch. 6 para. 8 Regulated

Other duties (1) — Crown / regulator

Approved bodies must notify Secretary of State and other bodies about type examination certificates, and keep recordsStatutory regulator

sch. 6 para. 9 sch. 6 para. 9 Regulated

Keep type examination certificates and technical documents for 10 yearsManufacturer

s.001 Toys and their parts and, in the case of fixed... Regulated

Ensure toys have sufficient mechanical strength and stabilityManufacturer

s.002 Accessible edges, protrusions, cords, cables and fastenings on toys must... Regulated

Design and manufacture toys to minimise injury from edges, protrusions and cordsManufacturer

s.003 Toys must be designed and manufactured in such a way... Regulated

Design and manufacture toys to minimise risk from moving partsDesigner

s.003 Conformity marking and declaration of conformity Regulated

Affix UK marking to conforming toys after type examinationManufacturer

s.003 The manufacturer must draw up a written declaration of conformity... Regulated

Keep a declaration of conformity for 10 years and produce it when askedManufacturer

s.004 UK marking and declaration of conformity Regulated

Affix UK marking to each toy product before placing on marketManufacturer

s.004 The manufacturer must draw up a written declaration of conformity... Regulated

Draw up and keep a declaration of conformity for each toy modelManufacturer

s.004 carry out appropriate examinations and tests, or have them carried... Regulated

Test your toys to confirm the safety standards you chose are applied correctlyManufacturer

s.004 carry out appropriate examinations and tests, or have them carried... Regulated

Test toys against essential requirements when standards not fully appliedManufacturer

s.004 agree with the manufacturer on a location where the examinations... Regulated

Agree with manufacturer on testing location for toy safety checksManufacturer

8 other provisions

sch. 2 para. 10 sch. 2 para. 10

sch. 2 para. 5 sch. 2 para. 5

sch. 2 para. 8 sch. 2 para. 8

sch. 6 para. 1 sch. 6 para. 1

s.para.145 Specific limit values for chemicals used in toys intended for...

s.para.154 The technical documentation referred to in regulation 17(3) must contain...

s.para.155 The user limitations referred to in regulation 20(3) must include...

s.s.a1 In this Appendix— “ Regulation (EC) No 1272/2008 ” means...

Help complying

Guvnor’s practical routes through this instrument.

Sector-specific product safety regulations

Quick reference for the main sector-specific product safety regulations in Great Britain. Covers toys, electrical equipment, cosmetics, furniture, personal protective equipment, and …

Toy safety compliance in Great Britain

How to comply with the Toys (Safety) Regulations 2011 when placing toys on the Great Britain market. Covers essential safety requirements, age …

1 more guide that reference this instrument

Place jewellery, toys, medical devices and other goods on the market

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.