THE BTHA COORDINATED PRIMARY AUTHORITY PARTNERSHIP
Primary Authorities provide robust, bespoke advice that must be respected by all other local regulators. This enables businesses to invest with confidence in products, practices and procedures, knowing that the resources they devote to compliance are well spent.
The BTHA have had a Primary Authority Partnership with Milton Keynes for some years. However the Primary Authority scheme changed on 1st October 2017 and the BTHA signed a new agreement with Milton Keynes Council and entered into a coordinated Primary Authority partnership under the new scheme.
The objective for BTHA membership of such a scheme is to get certain generic guidance documents already produced for members “assured”. 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 assured under the Primary Authority Scheme. Any BTHA Assured documents have an additional page 2 highlighting this feature.
The level of assurance that these documents can give individual members is detailed below:
- BTHA Coordinated Primary Authority Partnership
British Toy and Hobby Association 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.
This primary authority advice will be tailored to the collective needs and circumstances of the businesses that will be eligible to receive it.
Any proposed enforcement action in the UK 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.
How do I become part of the BTHA primary authority ‘regulatory group’?
Full members of the BTHA are all invited by BTHA to join the primary authority ‘regulatory group’.
Members of the primary authority ‘regularity group’ can benefit from the work the BTHA undertakes with Milton Keynes Council but will not be able to specify or influence that work or make individual requests for advice.
BTHA Full members can chose to opt out of being a member of the scheme by contacting email@example.com at any time.
Members must read and agree to our Scheme Rules for Participating Members
The Scheme Rules can be found here. These will be sent out annually with our membership renewal forms and Code of Practice for members.
Company details of members that are part of the ‘regulatory group’ will be logged onto the Regulatory Delivery website as a participating member.
- Direct Primary Authority partnerships
British Toy and Hobby Association members who are part of the ‘regulatory group’ under the coordinated 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.
BTHA members who are included in the coordinated primary authority scheme, and who also have a direct primary authority partnership, are able to enjoy the benefits of legally relying on the BTHA Primary Authority assured advice and can also obtain other primary authority assured advice tailored to their individual business needs and circumstances. They will have control over any questions and requests for advice at their own cost.
Any proposed enforcement action against any of the BTHA members with a direct primary authority partnership that is inconstant with any Primary Authority assured advice issued under the partnership, 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 the primary authority advice.
- No Primary Authority Partnership
BTHA Full members can chose to opt out of being a member of the scheme by confirming annually or contacting firstname.lastname@example.org at any time. In some cases these companies may not have a primary authority partnership with Milton Keynes or any other Council.
Such members can use the guidance with the knowledge that it is BTHA assured guidance however as the members are not in a Primary Authority partnership they cannot legally rely on this guidance.
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.