The General Product Safety Regulations 2005
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Whereas the Secretary of State is a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to measures relating to general product safety; Now therefore the Secretary of State, in exercise of the powers conferred on him by section 2(2) of that Act hereby makes the following Regulations: Citation, commencement and revocation 1. —(1) These Regulations may be cited as the General Product Safety Regulations 2005 and shall come into force on 1st October 2005 with the exception of the reference to a civil partner in regulation 43(2) which shall come into force on 5th December 2005. (2) The General Product Safety Regulations 1994[3]are hereby revoked. Interpretation 2. In these Regulations:-
(b) when the manufacturer is not established in a Member State—
(ii) in any other case, the importer of the product from a state that is not a Member State into a Member State; (c) other professionals in the supply chain, insofar as their
activities may affect the safety properties of a
product;
(b) the effect of the product on other products, where it is reasonably foreseeable that it will be used with other products, (c) the presentation of the product, the labelling, any warnings and instructions for its use and disposal and any other indication or information regarding the product, and (d) the categories of consumers at risk when using the product, in particular children and the elderly.
Application
(b) the remainder of these Regulations shall apply except where there are specific provisions governing the aspects covered by those regulations with the same objective. 4. These Regulations do
not apply to a second-hand product supplied as a product to be
repaired or reconditioned prior to being used, provided the supplier
clearly informs the person to whom he supplies the product to that
effect. General safety requirement 5. —(1) No producer shall place a product on the market unless the product is a safe product. (2) No producer shall offer or agree to place a product on the market or expose or possess a product for placing on the market unless the product is a safe product. (3) No producer shall offer or agree to supply a product or expose or possess a product for supply unless the product is a safe product. (4) No producer shall supply a product unless the product is a safe product. Presumption of conformity 6. —(1) Where, in the absence of specific provisions in rules of Community law governing the safety of a product, the product conforms to the specific rules of the law of part of the United Kingdom laying down the health and safety requirements which the product must satisfy in order to be marketed in the United Kingdom, the product shall be deemed safe so far as concerns the aspects covered by such rules. (2) Where a product conforms to a voluntary national standard of the United Kingdom giving effect to a European standard the reference of which has been published in the Official Journal of the European Union in accordance with Article 4 of the GPS Directive, the product shall be presumed to be a safe product so far as concerns the risks and categories of risk covered by that national standard. The Secretary of State shall publish the reference number of such national standards in such manner as he considers appropriate. (3) In circumstances other than those referred to in paragraphs (1) and (2), the conformity of a product to the general safety requirement shall be assessed taking into account—
(b) other national standards drawn up in the United Kingdom, (c) recommendations of the European Commission setting guidelines on product safety assessment, (d) product safety codes of good practice in the sector concerned, (e) the state of the art and technology, and (f) reasonable consumer expectations concerning safety. (4) Conformity of a product with the
criteria designed to ensure the general safety requirement is complied
with, in particular the provisions mentioned in paragraphs (1) to (3),
shall not bar an enforcement authority from exercising its powers
under these Regulations in relation to that product where there is
evidence that, despite such conformity, it is
dangerous.
(b) to take precautions against those risks. (2) The presence of warnings does not
exempt any person from compliance with the other requirements of these
Regulations.
(b) take appropriate action including, where necessary to avoid such risks, withdrawal, adequately and effectively warning consumers as to the risks or, as a last resort, recall. (4) The measures referred to in paragraph
(3) include—
(ii) the product reference or where applicable the batch of products to which it belongs; and (b) where and to the extent that it is reasonable to do
so—
(ii) investigating and if necessary keeping a register of complaints concerning the safety of the product, and (iii) keeping distributors informed of the results of such monitoring where a product presents a risk or may present a risk. Obligations of distributors
(b) shall, within the limits of his activities, participate in monitoring the safety of a product placed on the market, in particular by—
(ii) keeping the documentation necessary for tracing the origin of the product, (iii) producing the documentation necessary for tracing the origin of the product, and cooperating in action taken by a producer or an enforcement authority to avoid the risks. (2) Within the limits of his activities, a
distributor shall take measures enabling him to cooperate efficiently
in the action referred to in paragraph
(1)(b)(iii).
(b) where the product is being or has been marketed or otherwise supplied to consumers outside the United Kingdom, of the identity of each Member State in which, to the best of his knowledge, it is being or has been so marketed or supplied. (2) Paragraph (1) shall not apply—
(b) in conditions concerning isolated circumstances or products. (3) In the event of a serious risk the
notification under paragraph (1) shall include the following—
(b) a full description of the risks that the product presents, (c) all available information relevant for tracing the product, and (d) a description of the action undertaken to prevent risks to the consumer. (4) Within the limits of his activities, a
person who is a producer or a distributor shall co-operate with an
enforcement authority (at the enforcement authority's request) in
action taken to avoid the risks posed by a product which he supplies
or has supplied. Every enforcement authority shall maintain procedures
for such co-operation, including procedures for dialogue with the
producers and distributors concerned on issues related to product
safety. Enforcement 10. —(1) It shall be the duty of every authority to which paragraph (4) applies to enforce within its area these Regulations and safety notices. (2) An authority in England or Wales to which paragraph (4) applies shall have the power to investigate and prosecute for an alleged contravention of any provision imposed by or under these Regulations which was committed outside its area in any part of England and Wales. (3) A district council in Northern Ireland shall have the power to investigate and prosecute for an alleged contravention of any provision imposed by or under these Regulations which was committed outside its area in any part of Northern Ireland. (4) The authorities to which this paragraph applies are:
(b) in Wales, a county council or a county borough council, (c) in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994[6], (d) in Northern Ireland any district council. (5) An enforcement authority shall in
enforcing these Regulations act in a manner proportionate to the
seriousness of the risk and shall take due account of the
precautionary principle. In this context, it shall encourage and
promote voluntary action by producers and distributors.
Notwithstanding the foregoing, an enforcement authority may take any
action under these Regulations urgently and without first encouraging
and promoting voluntary action if a product poses a serious
risk.
(b) supplying the product, offering to supply it, agreeing to supply it or exposing it for supply. (2) A suspension notice served by an
enforcement authority in relation to a product may require the person
on whom it is served to keep the authority informed of the whereabouts
of any such product in which he has an
interest.
(b) to make the marketing of the product subject to prior conditions as specified in the notice so as to ensure the product is a safe product. (2) The requirements referred to in
paragraph (1)(a) shall be such as to ensure that the product is marked
with a warning which is suitable, clearly worded and easily
comprehensible.
(b) to publish a warning of the risks in such form and manner as is likely to bring those risks to the attention of any such person, (c) to ensure that the product carries a warning of the risks in a form specified in the notice. Withdrawal notices
(b) supplying the product, offering to supply it, agreeing to supply it or exposing it for supply. (2) A withdrawal notice may require the
person on whom it is served to take action to alert consumers to the
risks that the product presents.
(b) the recipient of the recall notice to—
(ii) publish a notice in such form and such manner as is likely to bring to the attention of purchasers of the product the risk the product poses and the fact of the recall, or (iii) make arrangements for the collection or return of the product from consumers who have purchased it or for its disposal, and may impose such additional requirements on the recipient of
the notice as are reasonable and practicable with a view to
achieving the return of the product from consumers to the person
specified in the notice or its disposal. (3) In determining what requirements to
include in a recall notice, the enforcement authority shall take into
consideration the need to encourage distributors, users and consumers
to contribute to its
implementation.
(b) the action being undertaken by the producer or the distributor concerned in fulfilment of his obligations under these Regulations is unsatisfactory or insufficient to prevent the risks concerned to the health and safety of persons, and (c) the authority has given not less than seven days notice to the person on whom the recall notice is to be served of its intention to serve such a notice and where that person has before the expiry of that period by notice required the authority to seek the advice of such person as the Institute determines on the questions of—
(ii) whether the issue of a recall notice is proportionate to the seriousness of the risk, and the authority has taken account of such advice. (5) Paragraphs (4)(b) and (c) shall not
apply in the case of a product posing a serious risk requiring, in the
view of the enforcement authority, urgent
action.
(b) the authority has exercised its powers under paragraph (9) to take action following the failure of the person on whom the recall notice has been served to comply with that notice, then the authority may recover from the person on whom the notice
was served summarily as a civil debt, any costs or expenses reasonably
incurred by it in undertaking the action referred to in sub-paragraph
(b).
(b) in Northern Ireland in proceedings under Article 62 of the Magistrate's Court (Northern Ireland) Order 1981[8]. Supplementary provisions relating to safety
notices
(b) state the reasons on which the notice is based; (c) indicate the rights available to the recipient of the notice under these Regulations and (where applicable) the time limits applying to their exercise; and (d) in the case of a suspension notice, state the period of time for which it applies. (3) A safety notice shall have effect
throughout the United Kingdom.
(b) the exercise by the authority of the power to serve the suspension notice was not attributable to any neglect or default by that person. (5) Where an enforcement authority serves a
withdrawal notice in respect of a product, the authority shall be
liable to pay compensation to a person having an interest in the
product in respect of any loss or damage suffered by reason of the
notice if—
(b) the exercise by the authority of the power to serve the withdrawal notice was not attributable to any neglect or default by that person. (6) Where an enforcement authority serves a
recall notice in respect of a product, the authority shall be liable
to pay compensation to the person on whom the notice was served in
respect of any loss or damage suffered by reason of the notice
if—
(b) the exercise by the authority of the power to serve the recall notice was not attributable to any neglect or default by that person. (7) An enforcement authority may vary or
revoke a safety notice which it has served provided that the notice is
not made more restrictive for the person on whom it is served or more
onerous for that person to comply
with.
(b) in the case of a requirement to mark or a requirement to warn, the product is not a dangerous product, (c) in the case of a withdrawal notice—
(ii) where applicable, regulation 14(3) has not been complied with by the enforcement authority concerned, (d) in the case of a recall notice—
(ii) regulation 15(4) has not been complied with, (e) in any case, the serving of the safety notice concerned was
not proportionate to the seriousness of the risk. (3) On an application concerning the period
of time specified in a suspension notice as the period for which it
applies, the court or the sheriff, as the case may be, may reduce the
period to such period as it considers sufficient for organising
appropriate safety evaluations, checks and
controls.
(b) where no application is made under paragraph (1) in respect of the recall notice within the time specified in that paragraph, the expiration of that time, (c) where such an application is made but is withdrawn or dismissed for want of prosecution, the date of dismissal or withdrawal of the application, or (d) where such an application is made and is not withdrawn or dismissed for want of prosecution, the determination of the application. (8) Subject to paragraph (6), in Scotland
the sheriff's decision under paragraph (5) shall be
final.
(ii) for the forfeiture of the product under regulation 18; (b) where no such proceedings have been brought, by way of
complaint to any magistrates' court; or (10) A person aggrieved by an order made
pursuant to an application under paragraph (1) by a magistrates' court
in England, Wales or Northern Ireland, or by a decision of such a
court not to make such an order, may appeal against that order or
decision—
(b) in Northern Ireland, to the county court. Forfeiture: England and Wales and Northern
Ireland
(b) where an application with respect to the product has been made to a magistrates' court under regulation 17 (appeals against safety notices) or 25 (appeals against detention of products and records) to that court, and (c) otherwise, by way of complaint to a magistrates' court. (3) An enforcement authority making an
application under paragraph (1) shall serve a copy of the application
on any person appearing to it to be the owner of, or otherwise to have
an interest in, the product to which the application relates, together
with a notice giving him the opportunity to appear at the hearing of
the application to show cause why the product should not be
forfeited.
(b) if no notice under paragraph (3) has been served, unless the court is satisfied that in the circumstances it was reasonable not to serve notice on any person. (6) The court may make an order for the
forfeiture of a product only if it is satisfied that the product is a
dangerous product.
(b) in Northern Ireland, to the county court. (8) An order for the forfeiture of a
product shall not take effect until the later of—
(ii) if an appeal or an application is so made, when the appeal or application is determined or abandoned. (9) Subject to the following paragraph,
where a product is forfeited it shall be destroyed in accordance with
such directions as the court may
give.
(b) on condition, if the court considers it appropriate, that he complies with any order to pay costs or expenses (including any order under regulation 28) which has been made against him in the proceedings for the order for forfeiture. (11) The supplies which may be permitted
under the preceding paragraph are—
(b) a supply to a person as scrap (that is to say, for the value of materials included in the product rather than for the value of the product itself), (c) a supply to any person, provided that being so supplied the product is repaired by or on behalf of the person to whom the product was delivered up by direction of the court and that following such repair it is not a dangerous product. Forfeiture: Scotland
(b) where a person is convicted of any offence in respect of a contravention in relation to the product of a requirement imposed by or under these Regulations, in addition to any other penalty which the sheriff may impose. (2) The procurator-fiscal making an
application under paragraph (1)(a) shall serve on any person appearing
to him to be the owner of, or otherwise to have an interest in, the
product 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 product should not be
forfeited.
(b) if no notice under paragraph (2) has been served, unless the sheriff is satisfied that in the circumstances it was reasonable not to serve notice on any person. (6) The sheriff may make an order under
this regulation only if he is satisfied that the product is a
dangerous product.
(b) if an appeal is made under paragraph (7) within that period, until the appeal is determined or abandoned. (9) An order under paragraph (1)(b) shall
not take effect—
(b) if an appeal is made within that period, until the appeal is determined or abandoned. (10) Subject to paragraph (11), a product
forfeited under this regulation shall be destroyed in accordance with
such directions as the sheriff may
give.
(b) the serving of a safety notice in respect of the product, and (c) the authority is requested to do so and it is practicable for the authority to comply with the request, then the authority shall allow the person from whom the product was
purchased, a person who is a party to the proceedings, on whom the
notice was served or who has an interest in the product to which the
notice relates, to have the product tested.
(b) require any record which is stored in an electronic form and is accessible from the premises to be produced in a form —
(ii) in which it is visible and legible. (c) for the purpose of ascertaining (by testing or otherwise)
whether there has been any such contravention, seize and detain
samples of the product, (5) If the officer has reasonable grounds
for suspecting that there has been a contravention in relation to a
product of a requirement imposed by or under these Regulations, he
may—
(b) for the purpose of ascertaining whether there has been any such contravention, require any record which is stored in an electronic form and is accessible from the premises to be produced in a form –
(ii) in which it is visible and legible, (c) for the purpose of ascertaining (by testing or otherwise)
whether there has been any such contravention, seize and detain
samples of the product, (6) The officer may seize and detain any
products or records which he has reasonable grounds for believing may
be required as evidence in proceedings for an offence in respect of a
contravention of any requirement imposed by or under these
Regulations.
(b) himself open or break open any such container or machine where a requirement made under sub-paragraph (a) in relation to the container or machine has not been complied with. Provisions supplemental to regulation 22 and search warrants
etc.
(b) stating the reasons for their seizure, and (c) explaining the right of appeal under regulation 25. (2) References in paragraph (1) and
regulation 25 to the person from whom something has been seized, in
relation to a case in which the power of seizure was exercisable by
reason of the product having been found on any premises, are
references to the occupier of the premises at the time of the
seizure.
(ii) that such a contravention has taken place, is taking place or is about to take place on any premises, and (b) is also satisfied by such information either—
(ii) 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. the justice may by warrant under his hand, which shall continue
in force for a period of one month, authorise any officer of an
enforcement authority to enter the premises, if need be by
force. (4) An officer entering premises by virtue
of regulation 22 or a warrant under paragraph (3) may take him such
other persons and equipment as may appear to him
necessary.
(b) attach a notice such as is mentioned in paragraph (1) in a prominent place at the premises. (6) Where a product seized by an officer of
an enforcement authority under regulation 22 or 23 is submitted to a
test, the authority shall inform the person mentioned in paragraph (1)
of the result of the test and, if—
(b) a safety notice is served in respect of the product; and (c) the authority is requested to do so and it is practicable for him to comply with the request, then the authority shall allow a person who is a party to the
proceedings or, on whom the notice was served or who has an interest
in the product to which the notice relates to have the product
tested.
(b) intentionally fails to comply with a requirement made of him by an officer of an enforcement authority under any provision of those regulations; or (c) without reasonable cause fails to give an officer of an enforcement authority who is so acting any other assistance or information which the officer may reasonably require of him for the purposes of the exercise of the officer's functions under any provision of those regulations, shall be guilty of an offence and liable on summary conviction to a
fine not exceeding level 5 on the standard
scale.
(b) he recklessly makes a statement which is false in a material particular. (3) A person guilty of an offence under
paragraph (2) shall be liable—
(b) on summary conviction, to a fine not exceeding the statutory maximum. Appeals against detention of products and
records
(ii) for the forfeiture of the product under regulation 18, (b) where no such proceedings have been brought, by way of
complaint to a magistrates' court; (3) On an application under paragraph (1)
to a magistrates' court or to the sheriff, the court or the sheriff
may make an order requiring a product or record to be released only if
the court or sheriff is satisfied—
(ii) for the forfeiture of the product or, in the case of a record, the product to which the record relate, under regulation 18 or 19, have not been brought or, having been brought, have been
concluded without the product being forfeited; and (4) In determining whether to make an order
under this regulation requiring the release of a product or record the
court or sheriff shall take all the circumstances into account
including the results of any tests on the product which have been
carried out by or on behalf of the enforcement authority and any
statement made by the enforcement authority to the court or sheriff as
to its intention to bring proceedings for an offence in respect of a
contravention in relation to the product of any requirement imposed by
or under these Regulations.
(b) an enforcement authority has brought proceedings for an offence as mentioned in sub-paragraph (a) and the proceedings were dismissed and all rights of appeal have been exercised or the time for appealing has expired, the authority shall be under a duty to return the product or
records detained under regulation 22 or 23 to the person from whom
they were seized.
(b) in Northern Ireland, to the county court; and an order so made may contain such provision as appears to the
court to be appropriate for delaying the coming into force of the
order pending the making and determination of any appeal (including
any application under section 111 of the Magistrates' Courts Act
1980[12] or
article 146 of the Magistrates' Courts (Northern Ireland) Order
1981[13]
(statement of case)).
(b) the exercise of the power is not attributable to any neglect or default by that person. Recovery of expenses of
enforcement
(b) makes an order under regulation 18 or 19 for the forfeiture of a product. (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 product
to reimburse an enforcement authority for any expenditure which has
been or may be incurred by that authority—
(b) in connection with any compliance by the authority with directions given by the court for the purposes of any order for the forfeiture of the product. Power of Secretary of State to obtain
information
(b) to produce such records as are specified in the notice at a time and place so specified (and to produce any such records which are stored in any electronic form in a form in which they are visible and legible) and to permit a person appointed by the Secretary of State for that purpose to take copies of the records at that time and place; (c) to produce such samples of a product as are specified in the notice at a time and place so specified. (2) A person shall be guilty of an offence
if he—
(b) in purporting to comply with a requirement which by virtue of paragraph (1)(a) or (b) is contained in such a notice—
(ii) recklessly furnishes information or records which are false in a material particular. (3) A person guilty of an offence under
paragraph (2) shall—
(b) in the case of an offence under sub-paragraph (b) of that paragraph, be liable—
(ii) on summary conviction, to a fine not exceeding the statutory maximum. Defence of due diligence
(b) to reliance on information given by another, that person shall not, without the leave of the court, be entitled
to rely on the defence unless, not less than seven clear days before,
in England, Wales and Northern Ireland, the hearing of the proceedings
or, in Scotland, the trial diet, he has served a notice under
paragraph (3) on the person bringing the
proceedings.
(b) gave the information, as is in the possession of the person serving the notice at the
time he serves it.
(b) to whether he had any reason to disbelieve the information. Defence in relation to antiques Reports 32. —(1) It shall be the duty of the Secretary of State to lay before each House of Parliament a report on the exercise during the period to which the report relates of the functions which are exercisable by enforcement authorities under these Regulations. (2) The first such report shall relate to the period beginning on the day on which these Regulations come into force and ending on 31 March 2008 and subsequent reports shall relate to a period of not more than five years beginning on the day after the day on which the period to which the previous report relates ends. (3) The Secretary of State may from time to time prepare and lay before each House of Parliament such other reports on the exercise of those functions as he considers appropriate. (4) The Secretary of State may direct an enforcement authority to report at such intervals as he may specify in the direction on the discharge by that authority of the functions exercisable by it under these Regulations. (5) A report under paragraph (4) shall be in such form and shall contain such particulars as are specified in the direction of the Secretary of State. Duty to notify Secretary of State and Commission 33. —(1) An enforcement authority which has received a notification under regulation 9(1) shall immediately pass the same on to the Secretary of State, who shall immediately pass it on to the competent authorities appointed for the purpose in the Member States where the product in question is or has been marketed or otherwise supplied to consumers. (2) Where an enforcement authority takes a measure which restricts the placing on the market of a product, or requires its withdrawal or recall, it shall immediately notify the Secretary of State, specifying its reasons for taking the action. It shall also immediately notify the Secretary of State of any modification or lifting of such a measure. (3) On receiving a notification under paragraph (2), or if he takes a measure which restricts the placing on the market of a product, or requires its withdrawal or recall, the Secretary of State shall (to the extent that such notification is not required under article 12 of the GPS Directive or any other Community legislation) immediately notify the European Commission of the measure taken, specifying the reasons for taking it. The Secretary of State shall also immediately notify the European Commission of any modification or lifting of such a measure. If the Secretary of State considers that the effects of the risk do not or cannot go beyond the territory of the United Kingdom, he shall notify the European Commission of the measure concerned insofar as it involves information likely to be of interest to Member States from the product safety standpoint, and in particular if it is in response to a new risk which has not yet been reported in other notifications. (4) Where an enforcement authority adopts or decides to adopt, recommend or agree with producers and distributors, whether on a compulsory or voluntary basis, a measure or action to prevent, restrict or impose specific conditions on the possible marketing or use of a product (other than a pharmaceutical product) by reason of a serious risk, it shall immediately notify the Secretary of State. It shall also immediately notify the Secretary of State of any modification or withdrawal of any such measure or action. (5) On receiving a notification under paragraph (4), or if he adopts or decides to adopt, recommend or agree with producers and distributors, whether on a compulsory or voluntary basis, a measure or action to prevent, restrict or impose specific conditions on the possible marketing or use of a product (other than a pharmaceutical product) by reason of a serious risk, the Secretary of State shall immediately notify the European Commission of it through the Community Rapid Information System, known as RAPEX. The Secretary of State shall also inform the European Commission without delay of any modification or withdrawal of any such measure or action. (6) If the Secretary of State considers that the effects of the risk do not or cannot go beyond the territory of the United Kingdom, he shall notify the European Commission of the measures or action concerned insofar as they involve information likely to be of interest to Member States of the European Union from the product safety standpoint, and in particular if they are in response to a new risk which has not been reported in other notifications. (7) Before deciding to adopt such a measure or take such an action as is referred to in paragraph (5), the Secretary of State may pass on to the European Commission any information in his possession regarding the existence of a serious risk. Where he does so, he must inform the European Commission, within 45 days of the day of passing the information to it, whether he confirms or modifies that information. (8) Upon receipt of a notification from the European Commission under article 12(2) of the GPS Directive, the Secretary of State shall notify the Commission of the following—
(b) what measure concerning the product the enforcement authorities in the United Kingdom may be adopting, stating the reasons, including any differing assessment of risk or any other special circumstance justifying the decision as to the measure, in particular lack of action or follow-up; and (c) any relevant supplementary information he has obtained on the risk involved, including the results of any test or analysis carried out. (9) The Secretary of State shall notify the
European Commission without delay of any modification or withdrawal of
any measures notified to it under paragraph
(8)(b).
(b) "pharmaceutical product" means a product falling within Council Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use[14]. Provisions supplemental to regulation
33
(b) a description of the risk involved, including a summary of the results of any test or analysis and of their conclusions which are relevant to assessing the level of risk, (c) the nature and the duration of the measures or action taken or decided on, if applicable, (d) information on supply chains and distribution of the product, in particular on destination countries. (2) Where a measure notified to the
Commission under regulation 33 seeks to limit the marketing or use of
a chemical substance or preparation, the Secretary of State shall
provide to the Commission as soon as possible either a summary or the
references of the relevant data relating to the substance or
preparation considered and to known and available substitutes, where
such information is available. The Secretary of State shall also
notify the Commission of the anticipated effects of the measure on
consumer health and safety together with the assessment of the risk
carried out in accordance with the general principles for the risk
evaluation of chemical substances as referred to in article 10(4) of
Council Regulation (EEC) No. 793/93 of 23 March 1993 on the evaluation
and control of the risks of existing substances[15],
in the case of an existing substance, or in article 3(2) of Council
Directive 67/548/EEC on the approximation of laws, regulations and
administrative provisions relating to the classification, packaging
and labelling of dangerous substances[16] in
the case of a new substance.
(b) direct another enforcement authority to take such action under these Regulations as is necessary to comply with the
decision.
(b) follow-up and updating of scientific and technical knowledge concerning the safety of products, (c) the periodical review and assessment of the functioning of the control activities and their effectiveness and, if necessary revision of the surveillance approach and organisation put in place. Complaints procedures
(b) enforcement authorities shall undertake collaborative working where they have a shared interest. (2) The Secretary of State shall inform the
European Commission as to the arrangements for the enforcement of
these Regulations, including which bodies are enforcement
authorities.
(b) the product identification, and the measures taken in respect of the risk, without prejudice to
the need not to disclose information for effective monitoring and
investigation activities.
(ii) by the insertion of the "General Product Safety Regulations 2005" at the end of Schedules 3 and 4. Service of documents
(b) on a body corporate other than a limited liability partnership, by serving it in accordance with sub-paragraph (a) on the secretary of the body; (c) on a limited liability partnership, by serving it in accordance with sub-paragraph (a) on a member of the partnership; or (d) on a partnership, by serving it in accordance with sub-paragraph (a) on a partner or a person having the control or management of the partnership business; (e) on any other person by leaving it at his proper address or by sending it by post to him at that address. (2) For the purposes of paragraph (1), and
for the purposes of section 7 of the Interpretation Act 1978[19]
(which relates to the service of documents by post) in its application
to that paragraph, the proper address of a person on whom a document
is to be served by virtue of these Regulations shall be his last known
address except that—
(b) in the case of a limited liability partnership or a member of the partnership, it shall be the address of the registered or principal office of the partnership; (c) in the case of a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership, and for the purposes of this paragraph the principal officer of a
company constituted under the law of a country or territory outside
the United Kingdom or of a partnership carrying on business outside
the United Kingdom is its principal office within the United
Kingdom.
(5) In section 19(1), in the definition of
"safe", omit the words ""safer"
and".
(4) In Schedule 1, insert the following
after paragraph 73F[26]—
73G. Each of the powers of seizure conferred by the provisions of regulation 22(4) to (6) of the General Product Safety Regulations 2005 (seizure for the purposes of ascertaining whether safety provisions have been contravened etc).". (5) In Schedule 2—
(This note is not part of the Regulations) These Regulations implement directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ No. L11, 15/1/2002 p.4). This Directive superseded Council Directive 92/59/EEC (OJ No. L228 11/8/1992 p.24) on general product safety which was implemented by the General Product Safety Regulations 1994 (SI 1994/2328). The 1994 Regulations are consequently revoked by regulation 1(2) of these Regulations. These Regulations impose requirements concerning the safety of products intended for consumers or which are likely to be used by consumers. The products covered are defined in regulation 2 and extend to second-hand products, ones intended for professional use which it can be foreseen may be used by consumers, and products supplied in the course of a service. Regulation 2 defines other key terms such as enforcement authority, distributor and producer. Regulation 3 provides that the Regulations apply except where there are no other specific provisions in rules of Community law other than the Directive. Where there are those other rules apply. Regulation 4 excludes second-hand products which are expressly supplied for repair or reconditioning. Regulation 5 requires producers only to place safe products on the market. Regulation 6 provides that a product which complies with certain safety standards is presumed to be safe unless there is evidence to the contrary. Regulation 7 requires producers to inform customers about the risks of products and to monitor the risks their products pose. Regulation 8 requires distributors to act with due care so as not to supply unsafe products and to co-operate in monitoring the safety of products. Regulation 9 requires producers and distributors to notify an enforcement authority if a product placed on the market poses risks that are incompatible with the general product safety requirement. This does not apply to antiques or products supplied for repair or reconditioning. Regulation 10 imposes a duty on certain enforcement authorities to enforce the Regulations. It requires all enforcement authorities to act in a proportionate manner, to take account of the precautionary principle and to encourage voluntary compliance with the Regulations except in cases of serious risk. Regulations 11-15 contain the enforcement powers which enforcement authorities may exercise in appropriated cases by issuing safety notices of various kinds. These are suspension notices to suspend the supply of a product (regulation 11); requirements to mark which require warnings to be marked on a product (regulation 12); requirements to warn those who have already been supplied with a product (regulation 14); withdrawal notices requiring products not to be placed on the market or supplied (regulation 13); and recall notices requiring the recall from consumers of products that have been supplied to them (regulation 14). Regulations 16 to 20 contain ancillary provisions providing for appeals against safety notices, compensation, forfeiture of dangerous products and offences. Regulations 21-23 confer on enforcement authorities powers of test purchase, entry and search and seizure and detention of products. Regulations 24 to 27 contain ancillary provisions in respect of the offence of obstructing an officer of an enforcement authority, appeals against seizure and detention of products, compensation and the recovery of an enforcement authority's costs. Regulation 28 confers on the Secretary of State powers to require information and samples of products in order to decide whether to serve, vary or revoke a safety notice. Regulations 29-30 provide defences of due diligence and a defence in respect of the supply of antiques. Regulations 32-34 sets out the system whereby enforcement authorities are to notify the Secretary of State of notifications they have received under regulation 9 and of enforcement action they have taken. The Secretary of State in turn is required to notify the European Commission and competent authorities in those other Member States where the product has been placed on the market. Regulation 35 provides for the implementation of Commission decisions in respect of products that pose serious risks. Regulations 36-38 provide for market surveillance by enforcement authorities, handling of safety complaints and co-operation between authorities. Regulation 39 requires enforcement authorities to publish safety information with some restrictions in respect of professionally secret information. It also makes information obtained under the regulations subject to Part 9 of the Enterprise Act (restrictions on disclosure of information) and enables information subject to Part 9 to be disclosed for the purposes of enforcing these Regulations. Regulations 40 provides for service of documents. Regulation 41 extends the time for bringing summary proceedings for an offence under the Regulations. Regulation 42 provides that the Regulations do not confer a right of civil action for their breach. Regulation 43 provides for legal professional privilege and privilege against self incrimination or incrimination of a spouse or civil partner. Regulation 44 provides that a notification under regulation 9(1) is in general inadmissible in criminal proceedings under the Regulations. Regulation 44 makes transitional provision where a suspension notice has been issued under regulation 11 of the General Product Safety Regulations 1994. Regulation 46 amends the Consumer Protection Act 1987 by repealing section 10 (the general safety requirement) and regulation 47 makes consequential amendment to other legislation. A full regulatory impact assessment of the effect that this instrument will have on costs to business is available from the Consumer and Competition Policy Directorate of the Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET or at www.dti.gov.uk/ccp/topics1/safety.htm.. Copies of a transposition note relating to these Regulations have been placed in the libraries of both Houses of Parliament. Copies are also available to the public from the Consumer and Competition Policy Directorate of the Department of Trade and Industry, 1 Victoria Street, London SW1H 0ET. Notes: [1] S.I. 1992/2870.back [5] OJ No L11, 15/1/2002, p.4.back [8] SI 1675/1981 (N.I.26).back [10] SI 1675/1981 (N.I.26).back [13] SI 1675/1981 (N.I.26).back [14] OJ No L311, 28/11/2001, p.67.back [15] OJ L084, 05/04/1993 p1.back [16] OJ 196, 16/08/1967 P.0001; English Special Edition Series I Chapter 1967 p.0234.back [21] S.I. 1675/1981 (N.I.26).back [25] 2001 c.16, section 66(4)(n) was inserted by paras 5(1) and (3) of Sch. 6 to the Human Tissue Act 2004 c.30.back [26] Paragraph 73F is prospectively inserted by para. 18 of Schedule 16 to the Gambling Act 2005 c.19.back
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