Search Legislation

The Consumer Protection (Northern Ireland) Order 1987

Status:

This is the original version (as it was originally made).

Defences

7.—(1) In any civil proceedings by virtue of this Part against any person (“the person proceeded against”) in respect of a defect in a product it shall be a defence for him to show—

(a)that the defect is attributable to compliance with any requirement imposed by or under any enactment or with any Community obligation; or

(b)that the person proceeded against did not at any time supply the product to another; or

(c)that the following conditions are satisfied, that is to say—

(i)that the only supply of the product to another by the person proceeded against was otherwise than in the course of a business of that person's; and

(ii)that Article 5(2) does not apply to that person or applies to him by virtue only of things done otherwise than with a view to profit; or

(d)that the defect did not exist in the product at the relevant time; or

(e)that the state of scientific and technical knowledge at the relevant time was not such that a producer of products of the same description as the product in question might be expected to have discovered the defect if it had existed in his products while they were under his control; or

(f)that the defect—

(i)constituted a defect in a product (“the subsequent product”) in which the product in question had been comprised; and

(ii)was wholly attributable to the design of the subsequent product or to compliance by the producer of the product in question with instructions given by the producer of the subsequent product.

(2) In this Article “the relevant time”, in relation to electricity, means the time at which it was generated, being a time before it was transmitted or distributed, and in relation to any other product, means—

(a)if the person proceeded against is a person to whom paragraph (2) of Article 5 applies in relation to the product, the time when he supplied the product to another;

(b)if that paragraph does not apply to that person in relation to the product, the time when the product was last supplied by a person to whom that paragraph does apply in relation to the product.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • 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
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources