Textual Amendments
F1Regs. 39A-39AB and Pt. 2A (regs. 39B-39E) inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 15 para. 27 (with Sch. 15 para. 3) (as amended by S.I. 2020/676, regs. 1(1), 2; and S.I. 2020/852, regs. 2(2), 4(2), Sch. 1 para. 1(e)(vi); and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 9(4)); 2020 c. 1, Sch. 5 para. 1(1)
39B.—(1) The Secretary of State may by regulations amend the provision of the Schedules referred to in paragraph (2) where the Secretary of State considers it necessary to do so in order to take technical progress and scientific developments into account.
(2) The provisions referred to in paragraph (1) are—
(a)any provision in Schedule 1;
(b)points 11 and 13 of Part 3 of Schedule 2; and
(c)any provision of Schedule 5.
(3) The power to make regulations made under paragraph (1) includes power—
(a)to make different provisions for different cases; and
(b)to make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate.
(4) Regulations made under this regulation are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
39C.—(1) The Secretary of State may by regulations amend Appendix C to Schedule 2 to add specific values for chemicals used in toys intended for use by children under 36 months or in other toys intended to be placed in the mouth.
(2) Regulations made under paragraph (1) may—
(a)make different provisions for different cases; and
(b)make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate.
(3) Regulations made under this regulation are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
39D.—(1) Where the conditions set out in paragraph (3)(a) and (b) are met, the Secretary of State may by regulations amend Appendix A to Schedule 2 to allow substances or mixtures classified as carcinogenic, mutagenic or toxic for reproduction of the categories laid down in Section 4 of Appendix B of Schedule 2 to be used in toys, in components of toys or micro-structurally distinct parts of toys.
(2) Where the conditions set out in paragraphs (3)(a), (b) and (c) are met, the Secretary of State may by regulations amend Appendix A to Schedule 2 to allow substances or mixtures classified as carcinogenic, mutagenic or toxic for reproduction of the categories laid down Section 3 of Appendix B of Schedule 2 to be used in toys, in components of toys or micro-structurally distinct parts of toys.
(3) The conditions referred to in paragraphs (1) and (2) are—
(a)the Secretary of State considers that there is sufficient scientific evidence to demonstrate that the use of substances or mixtures that are classified as carcinogenic, mutagenic or toxic for reproduction of the categories laid down in Section 5 of Appendix B to Schedule 2 are safe for use in toys, particularly in view of exposure;
(b)the substance or mixture is not prohibited for use in consumer articles by Regulation (EC) 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) establishing a European Chemicals Agency, amending Directive 19999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/105/EC and 2000/21/EC.
(c)there are no suitable alternative substances or mixtures available, as documented in an analysis of alternatives; and
(4) Regulations made under paragraph (1) or (2) may—
(a)make different provisions for different cases; and
(b)make such supplemental, consequential and transitional provisions as the Secretary of State considers appropriate.
(5) Regulations made under this regulation are to be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(6) The Secretary of State must—
(a)carry out a review of regulations made under paragraph (1) or (2);
(b)set out the conclusions of the review in a report; and
(c)publish the report.
(7) A review to which paragraph (6) refers must be made—
(a)as soon as any safety concerns arise; and
(b)at intervals not exceeding five years beginning with the date regulations made under paragraph (1) or (2) come into force.
39E.—(1) The Secretary of State must—
(a)evaluate the occurrence of hazardous substances of materials in toys;
(b)set out the conclusions of the evaluation in a report; and
(c)publish the report.
(2) During the evaluation the Secretary of State must consult—
(a)any enforcement authority which is not the Secretary of State; and
(b)any person that the Secretary of State considers appropriate.
(3) The first report must be published before the end of the period of five years beginning on IP completion day.
(4) Subsequent reports are to be published at intervals not exceeding five years.]