UK Law and Practice Contributed by: Simon Antrobus KC, Mike Atkins, Elizabeth Boon, Richard Sage, David Myhill and Alex Antelme KC, Crown Office Chambers
• minimal AI risks are not regulated. This will create challenges for developers pro - ducing AI products for use in both EU and non- EU (eg, UK) jurisdictions. 3.2 Future Policy in Product Liability and Product Safety There are a number of important developments on the horizon in relation to policy and legislative changes in the product liability arena. In terms of concrete developments, the Product Regu - lation and Metrology Bill is currently progress - ing through parliament. This is a critical piece of domestic legislation, and one which all those who specialise in this area must watch with care. The precise requirements of the bill are evolv - ing as it passes through parliament (it is at the committee stage at the time of writing) but, at present, the following appear to be key features. • It applies to the whole of the UK. • It creates a framework for secondary legisla - tion by way of statutory instrument in relation to: (a) reducing or mitigating risks presented by products (defined widely as “a tangible item that results from a method of pro- duction” ) (b) ensuring that products operate efficiently or effectively; and (c) ensuring that products designed for weighing or measuring operate accu - rately.
• It provides scope for market surveillance authorities to share information about prod - ucts. • It beefs up the enforcement regime by: (a) creating new powers of entry, search and seizure; (b) imposing new product recall require - ments and product enforcement notices; (c) allowing the Secretary of State to appoint inspectors and create new offences; (d) conferring on the courts the power to or - der the forfeiture of products that do not comply with product regulations; and (e) allowing for cost recovery for a regulatory body in carrying out functions conferred on it by regulations made under the pro - posed Act. • It allows civil penalties as an alternative to prosecution. One aspect of particular importance is the pur - pose of the bill. The Department for Business and Trade conducted an impact assessment in which it identified that the bill was required because the UK lacked the power to end rec - ognition of existing EU regulations, or to recog - nise new, post-Brexit EU regulations. The bill will allow the government to do so rapidly, by way of secondary legislation. This is a potentially major, and overlooked, consequence of the proposed legislation, as it may allow for the rapid adoption and recognition of EU regulations post-Brexit, but also creates scope for regulatory divergence.
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