UK Law and Practice Contributed by: Simon Antrobus KC, Mike Atkins, Elizabeth Boon, Richard Sage, David Myhill and Alex Antelme KC, Crown Office Chambers
Defences Offences under the GPSR are subject to the defence of “due diligence” (ie, acting with rea - sonable care) in regulation 29. Information gathering and market surveillance Regulations 32 to 39 set out the arrangements for the Secretary of State to be informed of noti - fications received by other enforcement authori - ties in relation to product safety issues and of any enforcement action taken, for co-operation and information-sharing between enforcement authorities, and for market surveillance. By regulation 41, summary proceedings (ie, pro - ceedings before a magistrates’ court) must be brought within three years from the date of the offence or within one year from the discovery of the offence by the prosecutor, whichever is earlier. There is no time limit for bringing a pros - ecution for an either way offence (ie, an offence that can be heard in a magistrates’ court or the Crown Court). The Health and Safety at Work etc. Act 1974 The Health and Safety at Work etc. Act 1974 contains the core duties and framework for the regulation of health and safety in England and Wales. Section 6 The key provisions regarding product safety are to be found in Section 6, and are aimed not at consumer products but at “articles for use at work” (or any article of fairground equipment). Section 6 requires any person who, in the course of a trade, business or other undertak - ing, designs, manufactures, imports or supplies any article for use at work to:
• ensure it is safe (so far as reasonably prac - ticable) whilst being set, used, cleaned or maintained by a person at work; • carry out or arrange for the carrying out of such testing and examination as may be nec - essary in relation to its safety; • take such steps as are necessary to ensure those using the article at work are provided with adequate information about any condi - tions necessary to ensure that it will be used safely for its purpose; and • take such steps as are necessary to secure, so far as is reasonably practicable, that those using the article at work are provided with updates of any such safety information as may become necessary following safety inci - dents, near misses or developing knowledge, including scientific knowledge. Where a duty or requirement in the 1974 Act is qualified by reasonable practicability, the dutyholder bears the burden of proving, on the balance of probabilities, that it was not reasona - bly practicable to do more than was in fact done to satisfy the duty or requirement (Section 40). 1.2 Regulatory Authorities for Product Safety The General Product Safety Regulations 2005 Enforcement authorities In the context of the GPSR, “enforcement author- ity” means the Secretary of State, any other Min - ister of the Crown in charge of a government department, any such department and any local authority or council mentioned in regulation 10 (see regulation 2). The Office for Product Safety and Standards (OPSS) is the UK’s national prod - uct regulator, within the Department of Business and Trade. In practice, however, it is local authorities that are principally responsible for the enforcement
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