7 paras. 2 applied (with modifications) (8.12.2016) by The Pressure Equipment (Safety) Regulations 2016 (S.I. Words in s. 33(2)(a)(i) repealed (26.5.2008) by The Consumer Protection from, Words in s. 33(3)(a)(i) repealed (26.5.2008) by The Consumer Protection from, S. 33 applied (with modifications) (1.1.1993) by, S. 33 applied (with modifications) (1.7.1997) by, S. 33 applied (in part) (E.W.S) (28.11.2003 for certain purposes, 15.7.2004 for certain further purposes and otherwise prosp.) 1, Sch. 1 (with reg. 7 paras. . 2(1)-(3)), C199S. he recklessly makes a statement which is false in a material particular. himself open or break open any such container or machine where a requirement made under paragraph (a) above in relation to the container or machine has not been complied with. 1787.2 Definitions. 11(9), 18 (with s. 2(8)); S.I. For the purposes of subsection (5) above the material facts about any loss of or damage to any property are such facts about the loss or damage as would lead a reasonable person with an interest in the property to consider the loss or damage sufficiently serious to justify his instituting proceedings for damages against a defendant who did not dispute liability and was able to satisfy a judgment. . 1(p), 2, C244Sch. 2(1)-(3)), C30S. 1 para. C213S. 19(3). C160S. 1(2)), S. 44 applied (with modifications) (26.4.1999) by S.I. giving the goods as a prize or otherwise making a gift of the goods; For the purposes of any reference in this Act to supplying goods, where a person ( the ostensible supplier) supplies goods to another person ( the customer) under a hire-purchase agreement, conditional sale agreement or credit-sale agreement or under an agreement for the hiring of goods (other than a hire-purchase agreement) and the ostensible supplier, carries on the business of financing the provision of goods for others by means of such agreements; and. (a)any written representations made by the person on whom it is proposed to serve the notice; and. 30(3), Sch. if an appeal is made under subsection (8) above within that period, until the appeal is determined or abandoned. 18 applied (with modifications) (17.8.2015) by The Pyrotechnic Articles (Safety) Regulations 2015 (S.I. 6) (as amended by S.I. 2000/730, reg. . (2)In this Part, except in so far as the context otherwise requires. The following Acts shall cease to have effect, that is to say. 2018/389), reg. 2(c) (with Sch. 14-18 amended (3.10.1994) by S.I. 1(2), Sch. a person were answerable to a child in respect of an occurrence caused wholly or partly by a defect in a product if he is or has been liable under section 2 above in respect of any effect of the occurrence on a parent of the child, or would be so liable if the occurrence caused a parent of the child to suffer damage; the provisions of this Part relating to liability under section 2 above applied in relation to liability by virtue of paragraph (a) above under the said section 1; and. 2015/1630, art. 8, Sch. 15 para. II, Sec. 74, 75(5)), C118S. It shall be the duty of the Secretary of State to consider any report made to him under sub-paragraph (1) above and, after considering the report, to inform the person on whom it was proposed that a notice to warn should be served of his decision with respect to the proposal. 2015/1630, art. . . 18 applied (with modifications) (N.I.) . This means the defect doesn't need to be the sole cause of any damage but it must have contributed to it. 34, Sch. Restrictions on disclosure of information. . . A person on whom a notification has been served for the purposes of sub-paragraph (2)(b) above or his representative may, at the place and time specified in the notification, Where a person is appointed to consider representations about a prohibition notice, it shall be his duty to consider. 2009/2824), The Toys (Safety) Regulations 2011 (S.I. 37 applied (with modifications) (8.12.2016) by The Simple Pressure Vessels (Safety) Regulations 2016 (S.I. Section 2 imposes civil liability in tort for damage caused wholly or partly by a defect in a product. . 29(5) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 13 paras. 2018/390), reg. 3 para. 1, 2 (with regs. S. 40(2)(3) applied (E.W.S) (28.11.2003 for certain purposes and otherwise prosp.) . 1(d), 2 (with reg. 2021/858), reg. 2 applied (with modifications) (7.6.2000) by S.I. Consumer Protection Act 1987 | Practical Law . Consultation procedures were still under way when the General Election was I1Act not in force at Royal Assent see s.50; Act fully in force 1.3.1989 (subject to reservations in S.I. any other article or substance in respect of which any such licence is for the time being in force in pursuance of an order under section 104 or 105 of that Act (application of Act to other articles and substances); a veterinary medicinal product that has a marketing authorisation under the Veterinary Medicines Regulations 2006. . . 2019/696), reg. 28(2)(3), Sch. 2016/1091), reg. 2005/2759, reg. 6), S. 19 applied (with modifications) (1.1.1995) by 1994/3144, reg. 2003/3084, art. 31 applied (with modifications) (8.12.2016) by The Lifts Regulations 2016 (S.I. . Make, vary or revoke any safety regulations; or, Serve, vary or revoke a prohibition notice; or. 35 applied (with modifications) (8.12.2016) by The Lifts Regulations 2016 (S.I. 3(i) (with art. 7), Ss. 40(1)(2)(3) applied by S.I. 1(i), 2 (with reg. . 1999/1053, reg. Claims under the Act are barred three years after the date when damage occurred or when it came to the knowledge of the claimant. 3), C246Sch. 2017/1206), The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 2018/389), reg. 7), art. Liability of persons other than principal offender. 1991/199, reg. . . 50, 52-55, 68, 138(2), Sch. 1(1)(a) (with reg. . (with art. 3(c). 2008/1277), reg. 2, Sch. (3)Without prejudice as aforesaid, safety regulations may contain provision. 2), C156S. . . 7 paras. . . (c)in the case of proposed regulations relating to goods suitable for use at work, to consult [F15the Health and Safety Executive] in relation to the application of the proposed regulations to Great Britain; but the preceding provisions of this subsection shall not apply in the case of regulations which provide for the regulations to cease to have effect at the end of a period of not more than twelve months beginning with the day on which they come into force and which contain a statement that it appears to the Secretary of State that the need to protect the public requires that the regulations should be made without delay. 4 para. . 8). 74, 75(5)), C135S. (a)contains a draft of the proposed notice; (b)states that the Secretary of State proposes to serve a notice in the form of the draft on that person; (c)states that the Secretary of State considers that the goods described in the draft are unsafe; (d)sets out the reasons why the Secretary of State considers that those goods are unsafe; and, (e)states that that person may make representations to the Secretary of State for the purpose of establishing that the goods are safe if, before the end of the period of fourteen days beginning with the day on which the notification is served, he informs the Secretary of State, (i)of his intention to make representations; and. 1, Sch. 3(5)), C34S. 41(3)(b); S.I. 7 paras. Information and software are not included though printed instructions and embedded software are relevant to the overall safety of a product. . (ggg)to any obligation arising from liability under section 2 of the Consumer Protection Act 1987 (to make reparation for damage caused wholly or partly by a defect in a product);. A suspension notice served by an enforcement authority for the purpose of prohibiting a person for any period from doing the things mentioned in subsection (1) above in relation to any goods may also require that person to keep the authority informed of the whereabouts throughout that period of any of those goods in which he has an interest. , references in this Act to supplying goods shall not include references to supplying goods comprised in land where the supply is effected by the creation or disposal of an interest in the land. 2021/858), reg. . the Secretary of State shall appoint a person to consider those representations, any further representations made by that person about the draft notice and the statements of any witnesses examined under this Part of this Schedule. 28(2)(3), Sch. (c)any statements made by witnesses in connection with the oral representations. 2004/1831, art. How to spot a fake, fraudulent or scam website. Revised legislation carried on this site may not be fully up to date. (2)An application under this section may be made, (a)to any magistrates court in which proceedings have been brought in England and Wales or Northern Ireland, (i)for an offence in respect of a contravention in relation to the goods of any safety provision; or. . 46(1) applied (with modifications) (8.12.2016) by The Electrical Equipment (Safety) Regulations 2016 (S.I. (8)Where an order for the forfeiture of any goods is made following an application by the procurator-fiscal under subsection (1)(a) above, any person who appeared, or was entitled to appear, to show cause why goods should not be forfeited may, within twenty-one days of the making of the order, appeal to the High Court by Bill of Suspension on the ground of an alleged miscarriage of justice; [F22and section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995 shall apply to an appeal under this subsection as it applies to a stated case under Part X of that Act]. 44(3), Sch. 1998/1165, reg. . 2, Sch. 7) S. 14 applied (with modifications) (31.5.1998) by S.I. (b)makes written representations to the Secretary of State about the proposed notice before the end of the period of twenty-eight days beginning with that day. 34, Sch. . 2016/1101), reg. 1999/1053, reg. Information and computer software also isn't included although printed instructions and embedded software can be considered in relation to the overall safety of a product. This section applies to any goods other than. 19 applied (with modifications) (8.12.2016) by The Simple Pressure Vessels (Safety) Regulations 2016 (S.I. . IV para. 19(1)-(4), Sch. 30 applied (with modifications) (21.4.2018) by The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. . 2(2), 16(1)-(3), Sch. 5; S.I. (1)It shall be the duty of the Secretary of State at least once in every five years to lay before each House of Parliament a report on the exercise during the period to which the report relates of the functions which under Part II of this Act, or under Part IV of this Act in its application for the purposes of the safety provisions, are exercisable by the Secretary of State, weights and measures authorities, district councils in Northern Ireland and persons on whom functions are conferred by regulations made under section 27(2) above. . . Act 1974 and sections 31 and 80 of the Explosives Act 1875; to repeal the Trade Descriptions Act 1972 and the Fabrics (Misdescription) Act 1913; and for connected purposes. 28(2)(3), Sch. (1)Subject to the following provisions of this Part, where any damage is caused wholly or partly by a defect in a product, every person to whom subsection (2) below applies shall be liable for the damage. (1)This section shall apply to an action for damages by virtue of any provision of Part I of the Consumer Protection Act 1987. 3 paras. . that the damage was caused or partly caused by the defect; that the damage was sufficiently serious to justify the pursuer (or other person referred to in subsection (2) above) in bringing an action to which this section applies on the assumption that the defender did not dispute liability and was able to satisfy a decree; that the defender was a person liable for the damage under the said section 2. 19(1)-(4), Sch. 70, 138(2), Sch. 15 para. 18(1), Sch. 3), C26S. 18(1)(2): certain functions made exercisable concurrently (29.7.2004) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) 2(b) (with Sch. the conditions specified in paragraphs (b) and (c) of that subsection are satisfied in relation to that request. 3-5), C108S. . (3)A person guilty of an offence under subsection (2) above shall be liable. (7)For the purposes of subsection (2)(b) above there shall be disregarded knowledge of whether particular facts and circumstances would or would not, as a matter of law, result in liability for damage under the said section 2. 3-5), C233S. (a)for the purpose of ascertaining whether there has been any contravention of any safety provision in relation to the goods, require any person carrying on a business, or employed in connection with a business, to produce any records relating to the business; (b)for the purpose of ascertaining (by testing or otherwise) whether there has been any such contravention, seize and detain the goods; (c)take copies of, or of any entry in, any records produced by virtue of paragraph (a) above. 32 applied (with modifications) (1.10.2015) by The Packaging (Essential Requirements) Regulations 2015 (S.I. The directive seems to suggest that discovery of the defect must be impossible while the UK implementation seems to broaden the defence to situations where, while it would have been possible to discover the defect, it would have been unreasonable to expect the producer to do so. (4)Any person aggrieved by an order made under this section by a magistrates court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision. 19(1)-(4), Sch. (2)Where a body corporate is guilty of an offence under this Act (including where it is so guilty by virtue of subsection (1) above) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. 45 applied (with modifications) (3.8.2017) by The Recreational Craft Regulations 2017 (S.I. [3] There is a view that the Act "probably represents the truest implementation" of the directive among member states. 4, Sch. 2003/3142, arts. 2(c), Ss. 1, Sch. 46(1) applied (with modifications) (21.4.2018) by The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. C142S. 16 applied (with modifications) (21.4.2018) by The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. . (whether still in existence or not) . 15 para. 24, Sch. 2016/1101), reg. . 5 paras. 2015/1630, art. 2 applied (with modifications) (17.8.2015) by The Pyrotechnic Articles (Safety) Regulations 2015 (S.I. 34, Sch. . 2016/1093), reg. The first report under subsection (1) above shall be laid before each House of Parliament not more than five years after the laying of the last report under section 8(2) of the, There shall be paid out of money provided by Parliament, any expenses incurred or compensation payable by a Minister of the Crown or Government department in consequence of any provision of this Act; and. (1)Any person having an interest in any goods which are for the time being detained under [F63section 29(4)] by an enforcement authority or by an officer of such an authority may apply for an order requiring the goods to be released to him or to another person. and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates Courts Act 1980 or Article 146 of the Magistrates Courts (Northern Ireland) Order 1981 (statement of case)). that an application for admission, or the giving of such a notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return, An officer entering any premises by virtue of. 1, Sch. 7 paras. (4.12.2000) by virtue of S.I. . . (5)Without prejudice to the generality of the power conferred by subsection (4) above, the Secretary of State may by order provide for any regulations made under the M36Consumer Protection Act 1961 or the M37Consumer Protection Act (Northern Ireland) 1965 to have effect as if made under section 11 above and for any such regulations to have effect with such modifications as he considers appropriate for that purpose. 46(b); S.I. 2004/1831, art. 3(i) (with art. 1, Sch. 4 para. 17; S.I. 1(1)(b) (with reg. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. 3(i) (with art. 2021/610, reg. 2), C57S. 1(2), S. 44 applied (with modifications) (15.5.2002) by S.I. (c)if the person is a partnership, by serving it in accordance with that paragraph on a partner or on a person having control or management of the partnership business. 39; S.I. 28, Sch. IV para. 2019/696), reg. At: Mahatma Gandhi Central University Motihari. 1 (with reg. According to the Consumer Protection Act, you are entitled to make a claim for damages against both the supermarket and producer. 9 para. 2(2), 18(5) (with reg. The Crown shall not, as regards the Crowns liability by virtue of this Part, be bound by this Part further than the Crown is made liable in tort or in reparation under the, Part II : definition of "supply" applied (E.W. . 28, Sch. 1999/1053, reg. It shall be the duty of the Secretary of State at least once in every five years to lay before each House of Parliament a report on the exercise during the period to which the report relates of the functions which under Part II of this Act, or under Part IV of this Act in its application for the purposes of the safety provisions, are exercisable by the Secretary of State, weights and measures authorities, district councils in Northern Ireland and persons on whom functions are conferred by regulations made under section 27(2) above. . 46(1) applied (with modifications) (17.8.2015) by The Pyrotechnic Articles (Safety) Regulations 2015 (S.I. 3 paras. the officer is requested to do so and it is practicable to comply with the request, The Secretary of State may by regulations provide that any test of goods seized under section, be carried out at the expense of the authority in a manner and by a person prescribed by or determined under the regulations; or. . If at any time after serving a notification on a person under paragraph 6 above the Secretary of State decides not to serve on that person either the proposed notice to warn or that notice with modifications, the Secretary of State shall inform that person of the decision; and nothing done for the purposes of any of the preceding provisions of this Part of this Schedule before that person was so informed shall, entitle the Secretary of State subsequently to serve the proposed notice or that notice with modifications; or. where the damages claimed by the plaintiff are confined to damages for loss of or damage to any property, any other provision in its application to an action by virtue of Part I of the Consumer Protection Act 1987. in subsections (2) and (4), after the words section 11 there shall be inserted the words, in subsection (3)(b), after the words section 11 there shall be inserted the words, in subsection (8), after the words section 11 there shall be inserted the words, In section 7(2), after the words not being an obligation there shall be inserted the words, to which section 22A of this Act applies or an obligation , In Part II, before section 17, there shall be inserted the following section. 2 Pt. Faulty product? . 18 applied (with modifications) (8.12.2016) by The Electrical Equipment (Safety) Regulations 2016 (S.I. 2, Sch. 1 (with reg. 1(q), 2 (with reg. . 29 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2017/1206), reg. (iii)that the defender was a person liable for the damage under the said section 2. 1994/2328, reg. 3), C230S. 2(c), S. 44 applied (with modifications) (8.4.2000) by S.I. 1U.K.In sections 31 and 80 of the Explosives Act 1875 (prohibitions on selling gunpowder to children and on use of fireworks in public places), for the words from shall be liable onwards there shall be substituted the words shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale . 1992/3073, reg. An application under this section may be made, to any magistrates court in which proceedings have been brought in England and Wales or Northern Ireland, for an offence in respect of a contravention in relation to the goods of any safety provision; or. 2017/737), The Radio Equipment Regulations 2017 (S.I. 1 (with reg. 7(b), F27Words in s. 19(1) inserted (26.5.2021) by Medicines and Medical Devices Act 2021 (c. 3), ss. 8; S.I. 2016/1092), reg. . 2005/1803), reg. 2002/618, reg. 1(e), 2 (with reg. 3 para. A person guilty of an offence under subsection (3) above shall, in the case of an offence under paragraph (a) of that subsection, be liable on summary conviction to a fine not exceeding level 5 on the standard scale; and, in the case of an offence under paragraph (b) of that subsection be liable. as regard 2.In section 22 (prohibition notices) (a) in subsections (1) and 3.After section 25 there shall be inserted the following section 4.After section 27 (power to obtain information) there shall be 5.In section 28 (restrictions on disclosure of information), in subsection 6.In section 33(1)(h) (offence of obstructing an inspector), after the 7.In section 53(1) (general interpretation of Part I). . England and Wales; Scotland; Northern Ireland, Persons holding themselves out as producers, for example by selling. C201S. 34 applied (with modifications) (8.12.2016) by The Pressure Equipment (Safety) Regulations 2016 (S.I. 2(2), Sch. . 1(1), Sch. No changes have been applied to the text. . 2(3) and that same provision omitted (S.) (19.7.2001) by virtue of S.S.I. 19(1)(c) and word inserted (1.10.2006) by virtue of The Veterinary Medicines Regulations 2006 (S.I. (ii)for the forfeiture of the goods under section 16 or 17 above, have not been brought or, having been brought, have been concluded without the goods being forfeited; and. (5)Where two or more persons are liable by virtue of this Part for the same damage, their liability shall be joint and several. 9U.K.The Secretary of State may revoke a notice to warn by serving on the person on whom the notice was served a notification stating that the notice is revoked. the time when the product was supplied by its producer to another; In any civil proceedings by virtue of this Part against any person (the person proceeded against) in respect of a defect in a product it shall be a defence for him to show, that the defect is attributable to compliance with any requirement imposed by or under any enactment or with any, that the person proceeded against did not at any time supply the product to another; or, that the following conditions are satisfied, that is to say, that the only supply of the product to another by the person proceeded against was otherwise than in the course of a business of that persons; and, that section 2(2) above does not apply to that person or applies to him by virtue only of things done otherwise than with a view to profit; or, that the defect did not exist in the product at the relevant time; or, that the state of scientific and technical knowledge at the relevant time was not such that a producer of products of the same description as the product in question might be expected to have discovered the defect if it had existed in his products while they were under his control; or, constituted a defect in a product ( the subsequent product) in which the product in question had been comprised; and.
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