UK Law and Practice Contributed by: Simon Antrobus KC, Mike Atkins, Elizabeth Boon, Richard Sage, David Myhill and Alex Antelme KC, Crown Office Chambers
Crown Office Chambers 2 Crown Office Row London EC4Y 7HJ UK Tel: +44 020 7797 8100 Email: clerks@crownofficechambers.com Web: www.crownofficechambers.com
1. Product Safety 1.1 Product Safety Legal Framework The main pieces of legislation which make up the legal framework for product safety (in crimi - nal regulatory law, as opposed to civil product liability) in England and Wales are: • the General Product Safety Regulations 2005; • the Health and Safety at Work etc. Act 1974; and • the Consumer Protection Act 1987 and “safety regulations” made under it. The General Product Safety Regulations 2005 (GPSR) This is the primary legislation governing the regu - lation and enforcement of product safety in Eng - land and Wales. The GPSR were originally enact - ed to implement EU law in the form of Directive 2001/95/EC of the European Parliament and of the Council on general product safety. The EU Withdrawal Act 2018 preserved the Regulations and enabled them to be amended so that they can continue to function effectively now the UK has left the EU. As their title suggests, these regulations are designed to cover products that are not other - wise the subject of specific legislation concern -
ing their safety. There are numerous separate sets of “safety regulations” (made under Section 11 of the Consumer Protection Act 1987 – see 1.4 Obligations to Notify Regulatory Authori- ties ) dealing with the safety of certain types of products, including such diverse categories as furniture and fittings, medical devices, electri - cal plugs and sockets, pedal bicycles, and chil - dren’s toys. These are not therefore captured by the GPSR, which deal with everything else. Products within the scope of the GPSR The GPSR are aimed at products supplied in the course of a commercial activity (whether for payment or not) that are either intended for con - sumers or that are likely to end up being used by consumers. They cover not just new products but also (subject to some qualification in regula - tion 4) those that are used or reconditioned. The general safety requirement The GPSR set out the “general safety require- ment” (as defined in regulation 2) that only safe products should be placed on the market. This is the fundamental principle which underpins the duties imposed and powers provided by the GPSR.
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