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Statutory guidance: Toys (Safety) Regulations 2011: Great Britain

Obligations of Authorised Representatives placing toys on the market in Great Britain

Manufacturers are able by written mandate to appoint authorised representatives to perform certain tasks on their behalf.


Mandated authorised representatives for the GB market can be based in GB or Northern Ireland, but cannot be based outside the UK. The manufacturer can only mandate an authorised representative established in the UK, under the Regulations as they apply in GB.


No GB-based authorised representatives are recognised under EU law. This means GB-based authorised representatives cannot carry out tasks on the manufacturer’s behalf for products being placed on the Northern Ireland or EEA markets. Therefore, a GB manufacturer selling products to the EEA or into Northern Ireland, who wishes to appoint an authorised representative to carry out tasks for them in respect of those products, must appoint an authorised representative based in Northern Ireland or the EEA.


There are certain obligations that the authorised representative’s mandate must include (for example keeping technical documentation) and some that it must not (for example, duty to design and manufacturer in accordance with the essential safety requirements).


An authorised representative must comply with all the duties imposed on the manufacturer under the 2011 Regulations that they are appointed by the manufacturer to perform. The manufacturer remains responsible for the proper performance of any obligations the authorised representative performs on their behalf.

Any references in the 2011 Regulations to the manufacturer are to be taken to include a reference to the authorised representative including in relation to penalties for failure to comply with those duties.


Read more:

https://www.gov.uk/government/publications/toys-safety-regulations-2011/toys-safety-regulations-2011-great-britain


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