Statutory Instrument | |
Citation | SI 2005/1803 |
---|---|
Introduced by | Gerry Sutcliffe Department of Trade and Industry |
Territorial extent | United Kingdom |
Dates | |
Made | 30 June 2005 |
Commencement | 1 October 2005 |
Revoked | — |
Other legislation | |
Made under | European Communities Act 1972, s.2(2) |
Amended by | — |
Revoked by | — |
Relates to | — |
Status: Current legislation | |
Text of statute as originally enacted | |
Text of the General Product Safety Regulations 2005 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk. |
The General Product Safety Regulations 2005 is a 2005 statutory instrument of the Parliament of the United Kingdom that demands that "No producer shall [supply or] place a [consumer] product on the market unless the product is a safe product" (reg. 5(1)) and provides broad enforcement powers. The regulations implemented European Union directive 2001/95/EC and revoked the General Product Safety Regulations 1994 [1] (reg. 1(2)). The regulations also repealed section 10 of the Consumer Protection Act 1987 which had previously imposed a more limited general safety requirement (reg. 46(2)).
It is a crime to breach the general safety requirement. On summary conviction in a magistrates' court, an offender can be sentenced to up to three months' imprisonment and the statutory maximum fine. On conviction on indictment in the Crown Court, an offender can be sentenced to 12 months' imprisonment and a £20,000 fine (reg. 20(1)). An enforcement authority can recover the full costs of enforcement from an offender (reg. 27).
It is a defence that all due diligence was exercised in the supply of the product (reg. 29(1)). Where a person wishes to rely on the defence that supply of a dangerous product was due to the default of someone else or reliance on information from someone else, he must serve notice on the court seven days before the hearing (reg. 29(2)–(3)).
The regulations require that no producer shall (reg. 5):
– unless the product is a safe product.
A producer must provide appropriate information to consumers (reg. 7). Either a producer or distributor must inform an enforcement authority if they become aware that they have supplied a dangerous product (reg. 9). The authority must inform the Secretary of State, as of 2008 [update] the Secretary of State for Business, Enterprise and Regulatory Reform, who must inform the European Commission (regs. 33–34)
A distributor must exercise due care in helping to ensure safety through (reg. 8):
A producer is (reg. 2):
A supply chain professional whose activity does not affect product safety is a distributor (reg. 2).
The regulations apply to products supplied commercially, whether or not for consideration, that are (reg. 2):
– including products that are:
The regulations do not apply to products used by service providers themselves, especially means of transport (reg. 2), nor do they apply to second hand goods supplied with the clear intention that they will be repaired or reconditioned before use (reg. 4). They do not apply to products where there are specific provisions as to the product's safety in the law of the European Union (reg. 3).
A safe product is a product which, under normal or reasonably foreseeable conditions of use including (reg. 2):
– does not present any risk or only the minimum risks compatible with the product's use, considered to be acceptable and consistent with a high level of protection for the safety and health of persons.
Relevant factors are (reg. 2):
– and conformance to or compliance with (reg. 6(3)):
A product that is not a safe product is a dangerous product. A product is not dangerous solely because other products are safer or it was feasible to make the product itself safer (reg. 2).
Products are deemed safe products where they conform to:
A supplier has a defence where (reg. 30):
Enforcement authorities that have a duty to enforce the regulations are (reg. 10):
Enforcement authorities must act proportionately and encourage voluntary action but may take urgent action in the case of a serious risk (reg. 10(5)). They have the power to make test purchases (reg. 21) and powers of entry and search (regs. 22–23, 25–27). Authorities must undertake market surveillance (reg. 36) and make information available to the public (reg. 39) It is a crime to obstruct an officer of an enforcement authority, punishable on summary conviction to a fine of up to level 5 on the standard scale, i.e. £2500 (reg. 24(1)).
An enforcement authority may serve a safety notice, in one of the following forms:
The Secretary of State can require information or a product sample from a producer and it is a crime not to comply unless the information is protected by legal professional privilege or the right to silence (reg. 43).
Appeal against a notice can be made to a magistrates' court in England and Wales, and Northern Ireland, and to a sheriff in Scotland (reg. 17).
Breach of a safety notice is a crime and, on summary conviction, an offender can be sentenced to up to three months' imprisonment and the statutory maximum fine (which is unlimited in England and Wales since 2015). On conviction on indictment, an offender can be sentenced to 12 months' imprisonment and a £20,000 fine (s. 20(4)).
In the case of prosecution for a breach of the regulations or an appeal against a safety notice in England and Wales and Northern Ireland, the enforcement authority may apply to the court for forfeiture of the product. Appeal is to the Crown Court (England and Wales) or to a county court (Northern Ireland) (reg. 18). In Scotland, application must be made to a procurator fiscal with appeal to the High Court of Justiciary (reg. 19).
Art.13 of the directive gives the European Commission the power to issue further decisions with which the Secretary of State must comply (reg. 35).
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