THE BTHA COORDINATED PRIMARY AUTHORITY PARTNERSHIP
The BTHA have had a Primary Authority Partnership with Milton Keynes for some years. The objective for the BTHA was to get certain guidance documents already produced for members by the BTHA “assured” under this scheme.
When advice or documents are assured by a Primary Authority, under certain circumstances, members following the guidance can be defended against any legal action within the UK. Toy Safety Directive Guides 1-8 and the Low Voltage Directive guide have been approved under the Primary Authority Scheme.
Any proposed enforcement action against any of the BTHA members within the ‘regulatory group’ that is inconstant with this BTHA Primary Authority assured advice, will be “directed against”. This means that Milton Keynes Primary Authority may direct an enforcing authority not to take proposed enforcement action (thereby blocking the enforcement action) where such action is inconsistent with primary authority advice.
The Primary Authority scheme is due to change on 1st October 2017 and this month the BTHA signed a new agreement with Milton Keynes Council and entered into a coordinated Primary Authority partnership under the new scheme.
BTHA members who are included within the ‘regulatory group’, as decided by the BTHA, will be able to legally rely on primary authority advice issued by Milton Keynes Council via BTHA. In the past members had to sign up to this scheme to get the full benefit of the assurance. However, under the new scheme the BTHA can nominate which members are eligible to be part of the ‘regulatory group’.
The BTHA would like ALL full members to benefit from our work with Milton Keynes not just those who have actively joined the scheme so far.
It should be noted that:
- BTHA members who are part of the ‘regulatory group’ under the coordinate primary authority arrangement with Milton Keynes Council CAN also have a direct primary authority partnership with Milton Keynes Council or another local authority of their choice.
- A list of participating members will be uploaded to the Schemes central website
- Members that are part of the ‘regulatory group’ will need to comply with the scheme rules, which can be found here.
If you are a Full Member of the BTHA you will automatically be added to the ‘regulatory group’ UNLESS YOU OPT OUT by contacting firstname.lastname@example.org before 15th September 2017.
If you do opt out your company can use the assured guidance with the knowledge that it is BTHA approved however as your company would not be part of the coordinated Primary Authority partnership you would not be able to legally rely on the guidance.
If you would like to sign up to the Primary Authority Partnership before the 1st October 2017 then please follow the guidelines below:
Full members of the BTHA who have no other Primary Authority agreement with Trading Standards can join the BTHA scheme at no cost. Members joining can benefit from the work the BTHA undertakes with Milton Keynes Council but will not be able to specify or influence that work.
After checking membership details your company will be logged onto the BDRO website as a participating member and companies will receive an invitation to register. For more details see the Primary Authority Register – user guidance for Businesses document which can be found here.
This document contains guidance only. It is intended to explain obligations and how to fulfil them. However readers are reminded that the text of the original regulation, directive or standard is the only authentic legal reference and that the information in this document does not constitute legal advice. The British Toy & Hobby Association does not accept any liability with regard to the contents of this document.