2021/858), reg. 44, C2By the Toys (Safety) Regulations 1989, S.I. . 1(1), Sch. 7 paras. (16.7.2021) by The Market Surveillance (Northern Ireland) Regulations 2021 (S.I. 5 paras. . C13S. . (i)on conviction on indictment, to a fine; (ii)on summary conviction, to a fine not exceeding the statutory maximum. 2(2), 16(1)-(3), Sch. (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. 3). . 1 (with reg. 14-18 amended (3.10.1994) by S.I. . 19(2), S. 16 restricted (13.6.2002) by S.I. Where an enforcement authority has reasonable grounds for suspecting that any safety provision has been contravened in relation to any goods, the authority may serve a notice ( a suspension notice) prohibiting the person on whom it is served, for such period ending not more than six months after the date of the notice as is specified therein, from doing any of the following things without the consent of the authority, that is to say, supplying the goods, offering to supply them, agreeing to supply them or exposing them for supply. Under the Consumer Protection Act you need to bring your claim against the producer of the product. ; S.I. (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. . A report under subsection (3) above shall be in such form and shall contain such particulars as are specified in the direction of the Secretary of State. 1992/3139, reg. 2002/1144, regs. 1992/3139 was revoked (15.5.2002) by S.I. (3)Subject as aforesaid, where any damage is caused wholly or partly by a defect in a product, any person who supplied the product (whether to the person who suffered the damage, to the producer of any product in which the product in question is comprised or to any other person) shall be liable for the damage if. 45 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. 4 para. 1992/3073, reg. 5). 30, Act extended (24.2.1995) by S.I. have not been brought or, having been brought, have been concluded. 41 applied (E.W.S) (28.11.2003 for certain purposes, 15.7.2004 for certain further purposes and otherwise prosp.) (12)If he thinks fit, the sheriff may direct that the goods be released, to such person as he may specify, on condition that that person does not supply those goods to any other person otherwise than as mentioned in section 46(7)(a) or (b) below. 2 para. 2008/1277), reg. Liability of persons other than principal offender. . 3). 3(5)), (1)In this Act, except in so far as the context otherwise requires. , For subsection (4) (general duties of manufacturers, importers and suppliers of substances for use at work) there shall be substituted the following subsection, It shall be the duty of any person who manufactures, imports or supplies any substance. . Access essential accompanying documents and information for this legislation item from this tab. 3), C218S. . If any person who is not an officer of an enforcement authority purports to act as such under section, Where any goods seized by an officer under section, proceedings are brought for an offence in respect of a contravention in relation to the goods of any safety provision. other than money; (e)providing the goods in or in connection with the performance of any statutory function; or. 20-26 repealed (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 30 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 35 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 30, Sch. 2008/1277), reg. . 2021/858), reg. 1(k), 2 (with reg. . Where a person on whom a notification containing a draft of a proposed notice to warn has been served, informs the Secretary of State as mentioned in paragraph 6 (1)(e) above before the end of the period of fourteen days beginning with the day on which the notification was served; and. 2015/1553), reg. Joining the CPATrade enquiryHomeowner enquiryGeneral enquiry. IV para. . 1, Sch. 2020/1460, reg. Consumer Protection Act 1987 - Legislation.gov.uk . F12S. the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. 40 applied (1.10.2015) by The Packaging (Essential Requirements) Regulations 2015 (S.I. Any person aggrieved by an order made under this section by a magistrates court, or by a decision of such a court not to make such an order, may appeal against that order or decision. 2008/1277), reg. 1(l), 2 (with reg. 2018/390), reg. 1995/204, reg. 2, Sch. 1999/2001, reg. 1 para. Any person or company who, by putting their name on the product or using a trade mark or other distinguishing mark, has held themselves up to be the producer of the product. 1, Sch. 18(1), Sch. (5)A consent given by an enforcement authority for the purposes of subsection (1) above may impose such conditions on the doing of anything for which the consent is required as the authority considers appropriate. 1994/2326 was revoked (15.5.2002) by S.I. 1, Sch. (a)any written representations made by the person on whom it is proposed to serve the notice; and. 2015/1553), reg. 3 paras. 2002/1144, regs. Consumer Protection Act 1987 - Legislation.gov.uk 2003/3084, art. This means the defect doesn't need to be the sole cause of any damage but it must have contributed to it. 12 applied (N.I. . 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), except where section 22C of this Act applies. state that the Secretary of State considers that the goods are unsafe; set out the reasons why the Secretary of State considers that the goods are unsafe; specify the day on which the notice is to come into force; and. IV para. The enactments mentioned in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule. 1(1), Sch. 2 paras. 2018/389), reg. Liability of persons other than principal offender. 2016/1105), reg. 45(4) repealed (31.10.1994) by 1994 c. 26, s. 106(2), Sch. 28-35 applied (with modifications) (31.5.1998) by S.I. 16 applied (with modifications) (8.12.2016) by The Simple Pressure Vessels (Safety) Regulations 2016 (S.I. . . In section 281(5)(a) of the Insolvency Act 1986 (discharge from For paragraphs 3 to 5 of the Schedule to the the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. 2), C111S. (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. The procurator-fiscal making an application under subsection (1)(a) above shall serve on any person appearing to him to be the owner of, or otherwise to have an interest in, the goods to which the application relates a copy of the application, together with a notice giving him the opportunity to appear at the hearing of the application to show cause why the goods should not be forfeited. 12(1), 18 (with s. 2(8)); S.I. . for the purpose of securing. 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.) 10 paras. . (3)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. See how this legislation has or could change over time. 34. 1, 2 (with regs. 3 para. 2(1)-(3)), C252Sch. Insurance-backed guarantees Read More, How do you spot a cowboy builder?When youre planning any home improvements, you want to make sure that you choose the right person for the job. 4 Pt. 1, Sch. 2011/268, art. References in this Act to any goods in relation to which any safety provision has been or may have been contravened shall include references to any goods which it is not reasonably practicable to separate from any such goods. . 2 para. 1787.3 Products constituting a portion of a purchase order or contract. 1(f), 2 (with regs. 30(3), Sch. 30(3), Sch. 4 para. . 1, Sch. . 1(2). 1(o), 2 (with reg. 8, Sch. The provisions of Chapter III of this Act have come into force in the whole of India except the State of Jammu and Kashmir on 1-7-1987: vide Notification, No. The Consumer Protection Act 1987 is in place to hold manufacturers accountable for producing unsafe goods. (b)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. . . 3-5), C191S. And if the product was made outside the UK, you can also claim against the company that originally imported it into the UK. . 74, 75(5)), C74S. (a)to consult such organisations as appear to him to be representative of interests substantially affected by the proposal; (b)to consult such other persons as he considers appropriate; and. 1(1), Sch. 1, 2 (with regs. 2008/1277), reg. 3(2)(c) (which said S.I. Unsafe goods, or goods which would be unsafe in the hands of certain persons, are not made available to persons generally; That appropriate, and only appropriate, information is provided in relation to goods. . 1, Sch. . 7 paras. 2015/1553), reg. 2(1). 19(1)-(4), Sch. 5(6)), C18S. Application to provision of accommodation etc. 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. S. 47 applied (E.W.S) (28.11.2003 for certain purposes, 15.7.2004 for certain further purposes and otherwise prosp.) by Fireworks Act 2003 (c. 22), ss. 6 (with Sch. (b)the keeping, use or consumption of the goods; (c)the assembly of any of the goods which are, or are to be, supplied unassembled; (d)any emission or leakage from the goods or, as a result of the keeping, use or consumption of the goods, from anything else; or. 39 applied (18.5.1992) by S.I. 34 applied (with modifications) (17.8.2015) by The Pyrotechnic Articles (Safety) Regulations 2015 (S.I. 2(b) (with Sch. 1(6), 17(2), C8Pt. 3-5, 77), C155S. 1, 3, S. 37 applied (with modifications) (25.8.2003) by S.I. 2}, Sch. 26; S.I. Restrictions on disclosure of information. (1)An obligation imposed by safety regulations shall be a duty owed to any person who may be affected by a contravention of the obligation and, subject to any provision to the contrary in the regulations and to the defences and other incidents applying to actions for breach of statutory duty, a contravention of any such obligation shall be actionable accordingly. 17 applied (with modifications) (21.4.2018) by The Personal Protective Equipment (Enforcement) Regulations 2018 (S.I. . . 1, 2 (with reg. (3)In subsection (1) above the reference to two working days is a reference to a period of forty-eight hours calculated from the time when the goods in question are seized but disregarding so much of any period as falls on a Saturday or Sunday or on Chistmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of Great Britain where the goods are seized., 4U.K.After section 27 (power to obtain information) there shall be inserted the following section. 17 applied (with modifications) (21.4.2018) by The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 32), C94S. 1997/831, reg. . as regard articles and substances for use at work) shall be amended as follows. 6 para. . F19Words in s. 13(4) substituted (3.10.1994) by S.I. 1(n), 2 (with reg. (2)A notice served on any person under this section may require that person. 2015/1630, art. 6(3), C17S. Safety is further defined as to apply to products that are component parts or raw materials in other products, and to risks to property as well as risks of death and personal injury (s.3(1)). for "Food Act 1984" by, Words in definition of "food" in s. 19(1) substituted (N.I.) . 9 para. 30(1), Sch. . Right to Safety Consumers have the right to be safe while using the product they purchased. 1997/831, reg. (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. 2016/1101), The Simple Pressure Vessels (Safety) Regulations 2016 (S.I. . . . 2 para. 2003/3084, art. . 88), C38S. Part II not to extend to product liability. . 3-5, 77), C182S. 1, Sch. . 18(1), Sch. (2)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. 74, 75(5)), C118S. 7 paras. 8), F40S. 40. . . At: Mahatma Gandhi Central University Motihari. . Further, a customs officer can detain goods (s.31). 42, 43), F76Words in s. 39(5) substituted (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. . of Goods Act 1979 because it includes goods attached to land, whereas under the Sale of Goods Act 1979 they must be severed before or under the contract of sale (Sale of Goods Act 1979, s.61(1)). . (b)in the course of that business acquired his interest in the goods supplied to the customer as a means of financing the provision of them for the customer by a further person ( the effective supplier). 2015/1630, art. . 1(2), Sch. 6 para. 2(2) repealed (20.6.2003) by 2002 c. 40, ss. . 37 applied (with modifications) (1.1.1993) by S.I. 6 para. 28-35 applied (with modifications) (31.5.1998) by S.I. . (2)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. 6), C145S. 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, (with art. (1)If they think it appropriate to do so for the purpose of facilitating the exercise by any person to whom subsection (2) below applies of any functions conferred on that person by or under Part II of this Act, or by or under Part IV of this Act in its application for the purposes of the safety provisions, [F70the Commissioners for Her Majestys Revenue and Customs] may authorise the disclosure to that person of any information obtained [F71or held] for the purposes of the exercise [F72by Her Majestys Revenue and Customs] of their functions in relation to imported goods. . . 36(3); S.I. 11(d) (which said S.I. 18(3), S. 12 applied (31.1.1995) by S.I. complies with any order to pay costs or expenses (including any order under section 35 below) which has been made against that person in the proceedings for the order for forfeiture. 1(c), 2 (with regs. . P2S. 2016/1093), The Pressure Equipment (Safety) Regulations 2016 (S.I. 1996/276 (N.I. Although the Consumer Protection Act contains a strict liability test, companies may defend against your claim if they can prove any of the following: You can't bring a claim under the Consumer Protection Act more than three years from the date you became aware of the damage. A person who has been informed of a place and time for the purposes of sub-paragraph (2) above or his representative may, at that place and time, make oral representations to the appointed person for the purpose of establishing that the goods to which the proposed notice relates are safe; and, Where a person is appointed to consider representations about a proposed notice to warn, it shall be his duty to consider, any written representations made by the person on whom it is proposed to serve the notice; and. 31 applied (with modifications) (8.12.2016) by The Simple Pressure Vessels (Safety) Regulations 2016 (S.I. Different options to open legislation in order to view more content on screen at once. . 17; S.R. 55A(2) (as inserted by S.I. makes an order under section 16 or 17 above for the forfeiture of any goods. 1992/3139, reg. 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)). . . 2(b) (with Sch. . 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. 1(1)(a) (with reg. 2(b) (with Sch. 1 (with reg. . 2021/858), reg. (EU Exit) Regulations 2019 (S.I. 89), C78S. 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. 15(2); S.I. 7 paras. 2008/1277), reg. The CPA has compiled this short guide breaking down the Consumer Protection Act 1987. (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. . 34 para. (7)The Secretary of State may by regulations provide that any test of goods seized under section [F5729(4)] above by an officer of an enforcement authority shall, (a)be carried out at the expense of the authority in a manner and by a person prescribed by or determined under the regulations; or. In section 33 of the said Act of 1980 (discretionary exclusion of time limit), in subsection (1), after the words section 11 there shall be inserted the words, after the said subsection (1) there shall be inserted the following subsection, The court shall not under this section disapply. 35 applied (with modifications) (8.12.2016) by The Electrical Equipment (Safety) Regulations 2016 (S.I. 2003/1941, reg. . 7 paras. 2(c) (with Sch. . 1993/412, reg. 1994/2328, reg. 1, Sch. THE CONSUMER PROTECTION ACT 1987 NEW CONTROLS ON MISLEADING PRICING . (10)For subsection (10) (meaning of properly used) there shall be substituted the following subsection, (10)For the purposes of this section an absence of safety or a risk to health shall be disregarded in so far as the case in or in relation to which it would arise is shown to be one the occurrence of which could not reasonably be foreseen; and in determining whether any duty imposed by virtue of paragraph (a) of subsection (1), (1A) or (4) above has been performed regard shall be had to any relevant information or advice which has been provided to any person by the person by whom the article has been designed, manufactured, imported or supplied or, as the case may be, by the person by whom the substance has been manufactured, imported or supplied., 2U.K.In section 22 (prohibition notices). . 18(1), Sch. (16.7.2021) by The Market Surveillance (Northern Ireland) Regulations 2021 (S.I. If and to the extent that it is reasonably necessary to do so to prevent a contravention of any safety provision, require any person having authority to do so to open any container or to open any vending machine; and. 1994/2550, art. 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. 2021/858), reg. 2005/494, art. 11(7), 18 (with s. 2(8)); S.I. 88), C51S. 11(3)(c)(e)(f) applied (with modifications) (E.W.S.) 7). . 37 applied (with modifications) (17.8.2015) by The Pyrotechnic Articles (Safety) Regulations 2015 (S.I. Return to the latest available version by using the controls above in the What Version box. Exact information on the impact of the Act is difficult to obtain as there is no reporting requirement similar to that under the U.S. Consumer Product Safety Act. 13 applied (with modifications) (8.12.2016) by The Lifts Regulations 2016 (S.I. 2(2), 16(1)-(3), Sch. 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. (6)For the purposes of subsection (5) above goods shall not be treated as supplied in the course of a business if they are supplied, in pursuance of an obligation arising under or in connection with the insurance of the goods, to the person with whom they were insured. . C242Sch. 36 (with reg. 15 para. 20-26 repealed (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 1997/831, reg. 1(j), 2 (with reg. 1(2), 53(4). 10(11), S. 16 applied (with modifications) (9.1.1995) by S.I. on summary conviction, to a fine not exceeding the statutory maximum. . where a person is convicted of an offence under the Act, in addition to any other penalty. . 2(1)-(3)), C157S. Words in s. 4(1)(a) substituted (22.4.2011) by, Subject to the following provisions of this section, in this Part . . 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; S.I. 3 para. 19(1)-(4), Sch. Supply by the defendants is not in the course of business (s.4(1)(c)); The defect did not exist in the product when it was put in circulation (s.4(1)(d)), for example, where the product is damaged or altered; The supplier of a component or raw materials may plead that it was solely the design of the finished product into which his product was incorporated that was defective or that the defect in his product arose solely from compliance with the instructions of the designer of the finished product (s.4(1)(f)). . . Amendments of Part I of the Health and Safety at Work etc. (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. Section 6 (general duties of manufacturers etc. 1(g), 2, C103S. 2001/265, art. 35 applied (with modifications) (8.12.2016) by The Simple Pressure Vessels (Safety) Regulations 2016 (S.I. by, S. 11(3)(f): certain functions made exercisable concurrently (29.7.2004) by. 1(1). 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. 37 applied (with modifications) (3.8.2017) by The Recreational Craft Regulations 2017 (S.I. . 7 paras. 2003/708, art. (a)any written representations made by the trader about the notice, other than those in respect of which a notification is served under paragraph 3(2)(a) above; (b)any oral representations made under paragraph 2(4) or 3(4) above; and. 2016/1091), reg. 2021/858), reg. Part 3 defined a criminal offence of giving a misleading price indication. 20-26 repealed (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 7 CFR Part 1787 - THE "BUY AMERICAN" REQUIREMENT. 89), C237S. . Make, vary or revoke any safety regulations; or, Serve, vary or revoke a prohibition notice; or. Amendments of Part I of the Health and Safety at Work etc. for "Food Act 1984" by Food Safety Act 1990 (c. 16, SIF 53:1, 2), s. 59(1), Sch. (a)with respect to the composition or contents, design, construction, finish or packing of goods to which this section applies, with respect to standards for such goods and with respect to other matters relating to such goods; (b)with respect to the giving, refusal, alteration or cancellation of approvals of such goods, of descriptions of such goods or of standards for such goods; (c)with respect to the conditions that may be attached to any approval given under the regulations; (d)for requiring such fees as may be determined by or under the regulations to be paid on the giving or alteration of any approval under the regulations and on the making of an application for such an approval or alteration; (e)with respect to appeals against refusals, alterations and cancellations of approvals given under the regulations and against the conditions contained in such approvals; (f)for requiring goods to which this section applies to be approved under the regulations or to conform to the requirements of the regulations or to descriptions or standards specified in or approved by or under the regulations; (g)with respect to the testing or inspection of goods to which this section applies (including provision for determining the standards to be applied in carrying out any test or inspection); (h)with respect to the ways of dealing with goods of which some or all do not satisfy a test required by or under the regulations or a standard connected with a procedure so required; (i)for requiring a mark, warning or instruction or any other information relating to goods to be put on or to accompany the goods or to be used or provided in some other manner in relation to the goods, and for securing that inappropriate information is not given in relation to goods either by means of misleading marks or otherwise; (j)for prohibiting persons from supplying, or from offering to supply, agreeing to supply, exposing for supply or possessing for supply, goods to which this section applies and component parts and raw materials for such goods; (k)for requiring information to be given to any such person as may be determined by or under the regulations for the purpose of enabling that person to exercise any function conferred on him by the regulations.
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