2017/737), reg. In section 42(3), paragraphs (a) and (g) and, in paragraph (h), the word and. . 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. . . 2(2), 16(1)-(3), Sch. . 3), C167S. C209S. 10), 5U.K.In section 1 of the M46Torts (Interference with Goods) Act 1977 (meaning of wrongful interference), after paragraph (d) there shall be inserted the following words, and references in this Act (however worded) to proceedings for wrongful interference or to a claim or right to claim for wrongful interference shall include references to proceedings by virtue of Part I of the Consumer Protection Act 1987 (product liability) in respect of any damage to goods or to an interest in goods or, as the case may be, to a claim or right to claim by virtue of that Part in respect of any such damage., 6U.K.In section 10(3)(a) of the Estate Agents Act 1979 (exceptions to general restrictions on disclosure of information), after the words or the Airports Act 1986 there shall be inserted the words or the Consumer Protection Act 1987. 2, Sch. 2(2), 16(1)-(3), Sch. . 1(1), Sch. 2(d), C101S. . An action to which this section applies shall not be brought after the expiration of the period of ten years from the relevant time, within the meaning of section 4 of the said Act of 1987; and this subsection shall operate to extinguish a right of action and shall do so whether or not that right of action had accrued, or time under the following provisions of this Act had begun to run, at the end of the said period of ten years. This date is our basedate. 34 applied (with modifications) (21.4.2018) by The Personal Protective Equipment (Enforcement) Regulations 2018 (S.I. 34, Sch. 1, Sch. (4)A person guilty of an offence under subsection (3) above shall, (a)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, (b)in the case of an offence under paragraph (b) of that subsection be liable. (i)on conviction on indictment, to a fine; (ii)on summary conviction, to a fine not exceeding the statutory maximum. (6)In this section damage includes personal injury and death. The Consumer is Finally Adequately Protected - LawTeacher.net (6)For the purposes of this section personal representative includes any person who is or has been a personal representative of the deceased, including an executor who has not proved the will (whether or not he has renounced probate) but not anyone appointed only as a special personal representative in relation to settled land; and regard shall be had to any knowledge acquired by any such person while a personal representative or previously. 1 (with reg. 38; S.I. 2(1)-(3)), C81S. 7 paras. 1, 2 (with reg. Without prejudice to the generality of subsection (1) above, safety regulations may contain provision. (3)Service under subsection (2) above shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings under the Criminal Procedure (Scotland) Act 1975. 4 para. 8(2)(c), C207S. (whether still in existence or not) . 5 para. Consumer Protection Act 1987 | Practical Law 19(1)-(4), Sch. . A disclosure of information made to any person under subsection (1) above shall be made in such manner as may be directed by. . Section 11 gives the Secretary of State, as of 2021[update] the Secretary of State for Business, Energy and Industrial Strategy, the power to make, after consultation, regulations by way of Statutory Instrument to ensure that: Regulations under this section cannot be made to apply to (s.11(7)): Every weights and measures authority in England, Wales and Scotland and every Northern Ireland district council has a duty to enforce, as an enforcement authority, the safety provisions in addition to the law on misleading price indications although these duties can be delegated by the Secretary of State (s.27). 42, 43), C83S. 15 para. 2(1)-(3)), C112S. 71(1), Sch. We have taken excerpts from the Act to help explain how it affects consumers and businesses. 2(b), S. 13 extended (7.6.2000) by S.I. by Fireworks Act 2003 (c. 22), ss. the officer shall allow any person who is a party to the proceedings or, as the case may be, has an interest in the goods to which the notice relates to have the goods tested. 4 Pt. 2, Sch. . 35 applied (with modifications) (1.1.1993) by S.I. 6 para. 3-5, 77), C238S. 4(1). The Federal Consumer Credit Protection Act & How it Protects You - Debt.org . . 4 (with reg. 2015/1640), reg. (Amendment etc.) . 1, Sch. Strict liability under the Consumer Protection Act means where a product is defective, then in most cases, the producer of that product is automatically liable for any harm caused by the defect. 3(i) (with art. 12(2)(g), 18 (with s. 2(8)); S.I. (6)The sheriff shall make an order under this section only if he is satisfied that there has been a contravention in relation to those goods of a safety provision. (2)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. Defective products: A Practical Guide from the . 10 paras. (2)The court may (in addition to any other order it may make as to costs or expenses) order the person convicted or, as the case may be, any person having an interest in the goods to reimburse an enforcement authority for any expenditure which has been or may be incurred by that authority, (a)in connection with any seizure or detention of the goods by or on behalf of the authority; or. 2, Sch. 10). 2016/1092), reg. 32 applied (with modifications) (1.10.2015) by The Packaging (Essential Requirements) Regulations 2015 (S.I. (b)specifies the place and time at which the oral representations may be made. . (3)Subject to subsection (4) below, the performance of any contract by the erection of any building or structure on any land or by the carrying out of any other building works shall be treated for the purposes of this Act as a supply of goods in so far as, but only in so far as, it involves the provision of any goods to any person by means of their incorporation into the building, structure or works. (28.11.2003 for certain purposes, 15.7.2004 for certain further purposes and otherwise prosp.) 1994/2326 was revoked (15.5.2002) by S.I. 1992/3073, reg. 1, Sch. . )(1.12.1991) by. 1(1), F3Definition of "agricultural produce" in s. 1(2) omitted (E.W.) . C127S. 2005/2759, reg. 2016/1092), reg. Any food sold in its raw state also falls within the definition of a product and is covered by the Consumer Protection Act in England and Wales. (9)In subsection (8) communications data, postal operator and telecommunications operator have the same meanings as in the Investigatory Powers Act 2016 (see sections 261 and 262 of that Act). 2}, Sch. 2) (with arts. 1, 3, S. 44 applied (with modifications) (25.8.2003) by S.I. Without prejudice to the generality of subsection (3) above regulations made by the Secretary of State may prescribe the person, or manner of determining the person, who is to be treated for the purposes of section, The power to make regulations under subsection (3) or (4) above shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and shall include power, S. 44 applied (with modifications) (1.1.1993) by, S. 44 applied (with modifications) (1.7.1997) by, S. 44 applied (with modifications) (31.5.1998) by, S. 44 applied (with modifications) (26.4.1999) by, S. 44 applied (with modifications) (29.11.1999) by, S. 44 applied (with modifications) (8.4.2000) by, S. 44 applied (with modifications) (15.5.2002) by, S. 44 applied (with modifications) (25.8.2003) by, S. 44 applied (E.W.S) (28.11.2003 for certain purposes, 15.7.2004 for certain further purposes and otherwise prosp.) (b)to reliance on information given by another. (16.7.2021) by The Market Surveillance (Northern Ireland) Regulations 2021 (S.I. 28, Sch. Provision of false information is a crime, punishable on summary conviction by a fine of up to the statutory maximum and on indictment in the Crown Court of an unlimited fine (s.18(4)). 7 paras. Consumer Protection Act 1987 is up to date with all changes known to be in force on or before 26 June 2023. 9(3)(b), S. 39 applied (20.2.1995) by S.I. 7 paras. It allows consumers to claim compensation if the defective product has caused personal injury, damage to property or death. 8). (d)for the purposes of Part II of the M4Administration of Justice Act 1982 (damages for personal injuries, etc.Scotland), by an act or omission giving rise to liability in that person to pay damages. IV para. (4)Nothing in this section shall authorise any weights and measures authority, or any person on whom functions are conferred by regulations under subsection (2) above, to bring proceedings in Scotland for an offence. 34 applied (with modifications) (8.12.2016) by The Simple Pressure Vessels (Safety) Regulations 2016 (S.I. 2(2), 16(1)-(3), Sch. 6 para. describe the goods in a manner sufficient to identify them; set out the grounds on which the authority suspects that a safety provision has been contravened in relation to the goods; and. 2), C170S. (2)This subsection applies to an enforcing authority and to an inspector. 1(2)), S. 40 applied (with modifications) (26.4.1999) by S.I. 1992/3073, reg. Application to provision of accommodation etc. . 2015/1630, art. 11 para. The Consumer Protection Act 1987 gives you the right to claim compensation against the producer of a defective product if it has caused damage, death or personal injury. 7 paras. . 28-35 applied (with modifications) (26.4.1999) by, Ss. (a)wholly or partly transfer any duty imposed by subsection (1) above on a weights and measures authority or a district council in Northern Ireland to such other person who has agreed to the transfer as is specified in the regulations; (b)relieve such an authority or council of any such duty so far as it is exercisable in relation to such goods as may be described in the regulations. 1(a), 2, C21S. C174S. 1, Sch. 6 para. This is likely to ensure that the UK legislation is interpreted to be consistent with the directive in the future, as was the case in A & Others v. National Blood Authority[16] where the judge referred to the directive rather than the UK legislation. . 1994/3260, reg. (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. 1(2), S. 15 modified (13.6.2002) by S.I. . where proceedings have been brought in a magistrates court for an offence in respect of a contravention in relation to some or all of the goods of any safety provision, to that court; where an application with respect to some or all of the goods has been made to a magistrates court under section 15 above or section 33 below, to that court; and. 1, 2 (with regs. On an application under this section to a magistrates court in England and Wales or Northern Ireland the court shall make an order setting aside the suspension notice only if the court is satisfied that there has been no contravention in relation to the goods of any safety provision. 2(2) (subject to art. Without prejudice as aforesaid, safety regulations may contain provision. (i)that there was a defect in the product; (ii)that the injuries of the deceased were caused (or partly caused) by the defect; and. . 1 (with reg. 4 Pt. 7). C97S. 7 paras. 1787.4 Unmanufactured articles, materials, and supplies. 1998/1165, reg. 2 paras. 45; S.I. Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. . 15 para. 10 paras. 2008/1277), reg. . 1999/3209, art. 2019/696), reg. 2016/1101), reg. 2. . 14 applied (with modifications) (3.8.2017) by The Recreational Craft Regulations 2017 (S.I. 3(i) (with art. 1), S. 13 applied (3.10.1994) by S.I. 2018/390), reg. . . . to consult such organisations as appear to him to be representative of interests substantially affected by the proposal; to consult such other persons as he considers appropriate; and, in the case of proposed regulations relating to goods suitable for use at work, to consult, The power to make safety regulations shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and shall include power, to make different provision for different cases; and. S. 39 applied (with modifications) (E.W.S) (28.11.2003 for certain purposes and 15.7.2004 for certain further purposes and otherwise prosp.) For the purposes of this Schedule the Secretary of State may appoint a person (instead of the appointed person) to consider any representations or statements, if the person originally appointed, or last appointed under this sub-paragraph, to consider those representations or statements has died or appears to the Secretary of State to be otherwise unable to act. 2015/1640), Food Safety Act 1990 (c. 16, SIF 53:1, 2), The Veterinary Medicines Regulations 2006 (S.I. . 1, Sch. . Part II not to extend to product liability. 2(1)-(3)), C92S. . 3 para. . 1(2), S. 37 applied (with modifications) (15.5.2002) by S.I. . For the purposes of section 1(1) of the 1987 Act, this Part shall have effect and be construed as if it were contained in Part I of that Act. . 2008/1277), reg. 6 para. Information communicated by the Commissioners of Customs and Excise. 2015/1630, art. 2(b), C205S. . (a)to ensure, so far as is reasonably practicable, that the substance will be safe and without risks to health at all times when it is being used, handled, processed, stored or transported by a person at work or in premises to which section 4 above applies; (c)to take such steps as are necessary to secure that persons supplied by that person with the substance are provided with adequate information about any risks to health or safety to which the inherent properties of the substance may give rise, about the results of any relevant tests which have been carried out on or in connection with the substance and about any conditions necessary to ensure that the substance will be safe and without risks to health at all such times as are mentioned in paragraph (a) above and when the substance is being disposed of; and, (6)In subsection (5) (duty of person who undertakes the manufacture of a substance for use at work to carry out research), (a)for the words substance for use at work there shall be substituted the word substance ; and. (g)for determining the persons by whom, and the manner in which, anything required to be done by or under the regulations is to be done. 1994/3142, reg. (5)If any person who is not an officer of an enforcement authority purports to act as such under section [F5429(4)] above or this section he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. 3(i) (with art. 1(k), 2 (with reg. 1(2)), S. 15 applied (with modifications) (26.4.1999) by S.I. 7U.K.In section 53(1) (general interpretation of Part I), (a)after the definition of article for use at work there shall be inserted the following definition, article of fairground equipment means any fairground equipment or any article designed for use as a component in any such equipment;, (b)after the definition of credit-sale agreement there shall be inserted the following definition, customs officer means an officer within the meaning of the Customs and Excise Management Act 1979;, (c)before the definition of the general purposes of this Part there shall be inserted the following definition, fairground equipment means any fairground ride, any similar plant which is designed to be in motion for entertainment purposes with members of the public on or inside it or any plant which is designed to be used by members of the public for entertainment purposes either as a slide or for bouncing upon, and in this definition the reference to plant which is designed to be in motion with members of the public on or inside it includes a reference to swings, dodgems and other plant which is designed to be in motion wholly or partly under the control of, or to be put in motion by, a member of the public;, (d)after the definition of local authority there shall be inserted the following definition, micro-organism includes any microscopic biological entity which is capable of replication;. and, after considering those matters, to make a report (including recommendations) to the Secretary of State about the matters considered by him and the proposal to serve the notice. 2018/390), reg. (4)On leaving any premises which a person is authorised to enter by a warrant under subsection (2) above, that person shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as he found them. 3-5, 77), C41S. 8(8), C5Act applied in part (with modifications) (20.5.2016) by The Standardised Packaging of Tobacco Products Regulations 2015 (S.I. Where the affairs of a body corporate are managed by its members, subsection (2) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. (b)the date of knowledge of the injured person or, in the case of loss of or damage to property, the date of knowledge of the plaintiff or (if earlier) of any person in whom his cause of action was previously vested. 1(1), Sch. 7), Wireless Telegraphy Act 1949 (c. 54, SIF 96), Marine Broadcasting (Offences) Act 1967 (c. 41), Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52). IV para. 4 (with reg. . For further information see the Editorial Practice Guide and Glossary under Help. . 1997/831, reg. For subsection (1) (general duties of designers, manufacturers, importers and suppliers of articles for use at work) there shall be substituted the following subsections, It shall be the duty of any person who designs, manufactures, imports or supplies any article for use at work or any article of fairground equipment. 1(p), 2 (with reg. 34 applied (with modifications) (21.4.2018) by The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 2(1)-(3)), C126S. And if the product was made outside the UK, you can also claim against the company that originally imported it into the UK. . 2008/1277), Commissioners for Revenue and Customs Act 2005 (c. 11), Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), The Regulatory Reform (Trading Stamps) Order 2005 (S.I. (b)require the Secretary of State, or any person appointed to consider representations about the proposed notice, subsequently to do anything in respect of, or in consequence of, any such representations. 2013/1506), regs. 1, Sch. 2(1)In section 2 of the Trade Descriptions Act 1968 (meaning of trade description)U.K. 3), S. 14 restricted (1.1.1995 until end of 1996) by S.I. . 44; S.I. 13 paras. 1, Sch. . 13 paras. . (4)If the officer has reasonable grounds for suspecting that any goods are manufactured or imported goods which have not been supplied in the United Kingdom since they were manufactured or imported he may. . 1787.6 Nondomestic products. , (5)For subsection (4) (general duties of manufacturers, importers and suppliers of substances for use at work) there shall be substituted the following subsection, (4)It shall be the duty of any person who manufactures, imports or supplies any substance. 2018/389), reg. Appeal against detention of goods is to the magistrates' court, or in Scotland the sheriff (s.33) and compensation can be ordered (s.34). the appointed person in relation to a prohibition notice or a proposal to serve a notice to warn, means the person for the time being appointed under this Schedule to consider representations about the notice or, as the case may be, about the proposed notice; notification means a notification in writing; trader, in relation to a prohibition notice, means the person on whom the notice is or was served. 1, Sch. 34 para. 17 applied (with modifications) (8.12.2016) by The Simple Pressure Vessels (Safety) Regulations 2016 (S.I. This section shall be without prejudice to any liability arising otherwise than by virtue of this Part. 2015/829), reg. states that the Secretary of State proposes to serve a notice in the form of the draft on that person; states that the Secretary of State considers that the goods described in the draft are unsafe; sets out the reasons why the Secretary of State considers that those goods are unsafe; and, 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, of his intention to make representations; and. 2016/1092), reg. . 1(1), Sch. (with art. 2016/1092), The Recreational Craft Regulations 2017 (S.I. . . . 68, C59Ss. 50, 53(1), Sch. . 1992/3073, reg. 2015/1640), reg. 1, Sch. 2(1)-(3)), C183S. 2016/1091), reg. 1(1), Sch. (c)state that, and the manner in which, the person on whom the notice is served may appeal against the notice under section 15 below. 2003/708, art. 30, Sch. 1, Sch. 5-11), C227S. . . Any document required or authorised by virtue of this Act to be served on a person may be so served, by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address; or, if the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary or clerk of that body; or. Consumer rights is a division of Which? 15 para. . If there is more than one personal representative and their dates of knowledge are different, subsection (5)(b) above shall be read as referring to the earliest of those dates. 15 para. ; S.I. . 18 applied (with modifications) (8.12.2016) by The Pressure Equipment (Safety) Regulations 2016 (S.I. . 3), C88S. 13 paras. 2016/1091), reg. 2005/1803), reg. 5), C95Pt. 1, 2 (with regs. (7)Except for the purposes of, and in relation to, prohibition notices or suspension notices, references in [F87Part 2 or Part 4] of this Act to supplying goods shall not include. 40(3); S.I. . 1(j), 2 (with reg. (31.12.2020) by The Toys (Safety) Regulations 2011 (S.I. . 2(b) (with Sch. 3(5)), C34S. Key Information 11(3)(c)(e)(f) applied (with modifications) (E.W.S.) 1, 2 (with reg. 1, 2 (with regs. (d)to take such steps as are necessary to secure, so far as is reasonably practicable, that persons so supplied are provided with all such revisions of information provided to them by virtue of the preceding paragraph as are necessary by reason of its becoming known that anything gives rise to a serious risk to health or safety. . . 5.1991) by S.I. (a)the person who suffered the damage requests the supplier to identify one or more of the persons (whether still in existence or not) to whom subsection (2) above applies in relation to the product; (b)that request is made within a reasonable period after the damage occurs and at a time when it is not reasonably practicable for the person making the request to identify all those persons; and. 3). 7(b), F27Words in s. 19(1) inserted (26.5.2021) by Medicines and Medical Devices Act 2021 (c. 3), ss. . 1, Sch. (2)A person shall not be liable under section 2 above in respect of any defect in a product for the loss of or any damage to the product itself or for the loss of or any damage to the whole or any part of any product which has been supplied with the product in question comprised in it. Actions in respect of defective products. Schedule 2 to this Act shall have effect with respect to prohibition notices and notices to warn; and the Secretary of State may by regulations make provision specifying the manner in which information is to be given to any person under that Schedule. 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 (S.I. S. 15 applied (with modifications) (1.7.1997) by S.I. 6 para. . (b)that, a person having been appointed to consider representations about the notice, the trader may, at a place and time specified in the notification, make oral representations to the appointed person for the purpose of establishing that the goods to which the notice relates are safe. The Consumer Protection Act 1987 gives you the right to claim compensation against the producer of a defective product if it has caused damage, death or personal injury. (4)Without prejudice to the generality of subsection (3) above regulations made by the Secretary of State may prescribe the person, or manner of determining the person, who is to be treated for the purposes of section F79 30 above as the person from whom any goods were F80 seized where the goods were F80 seized from a vending machine. (4.12.2000) by virtue of S.I. 28-35 applied (with modifications) (29.11.1999) by, Ss. by Fireworks Act 2003 (c. 22), ss. 28-35 applied (with modifications) (26.4.1999) by S.I. 3(5)), (1)In this Act, except in so far as the context otherwise requires. {2(2)(h)}, F73Words in s. 37(3) substituted (18.4.2005) by Commissioners for Revenue and Customs Act 2005 (c. 11), ss. (4)Safety regulations shall not provide for any contravention of the regulations to be an offence. 1997/831, reg. . 1, Sch. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. . 11(7), 18 (with s. 2(8)); S.I. 13 applied (with modifications) (21.4.2018) by The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 2017/737), reg. . 1, Sch. . How to spot a fake, fraudulent or scam website. II applied in part (with modifications) (20.5.2016) by The Tobacco and Related Products Regulations 2016 (S.I. . 2008/1277), reg. 33 applied (with modifications) (3.8.2017) by The Recreational Craft Regulations 2017 (S.I. Part 1 implemented European Community Directive 85/374/EEC, the product liability directive, by introducing a regime of strict liability for damage arising from defective products. (5)This section shall apply to an offence under section F75. F40(2). 1, 3, S. 14 applied (with modifications) (25.8.2003) by S.I. 41(5); S.I. 18 applied (with modifications) (3.8.2017) by The Recreational Craft Regulations 2017 (S.I. . Where safety regulations prohibit a person from supplying or offering or agreeing to supply any goods or from exposing or possessing any goods for supply, that person shall be guilty of an offence if he contravenes the prohibition. 1991/447. 1994/2326, reg. 15 para. Changes and effects are recorded by our editorial team in lists which can be found in the Changes to Legislation area. 7), art. This section shall apply to an action to enforce an obligation arising from liability under section 2 of the 1987 Act (to make reparation for damage caused wholly or partly by a defect in a product) where a person has died from personal injuries and the damages claimed include damages for those personal injuries or that death. 2 applied (with modifications) (7.6.2000) by S.I. 16 applied (with modifications) (8.12.2016) by The Simple Pressure Vessels (Safety) Regulations 2016 (S.I.
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