The General Product Safety Regulations 2005

PART 1 U.K. GENERAL

Citation, commencement and revocation U.K.

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 M1 are hereby revoked.

Marginal Citations

M1 S.I. 1994/2328.

Interpretation E+W+S

2.  In these Regulations:-

“the 1987 Act” means the Consumer Protection Act 1987 M2 ;

F1 ...

“contravention” includes a failure to comply and cognate expressions shall be construed accordingly;

“dangerous product” means a product other than a safe product;

“distributor” means a professional in the supply chain whose activity does not affect the safety properties of a product;

“enforcement authority” means the Secretary of State, any other Minister of the Crown in charge of a government department, any such department and any authority or council mentioned in regulation 10;

“general safety requirement” means the requirement that only safe products should be placed on the market;

F2 ...

“magistrates' court” in relation to Northern Ireland, means a court of summary jurisdiction;

[F3 “the market” means the market of Great Britain;]

F4 ...

“notice” means a notice in writing;

“officer”, in relation to an enforcement authority, means a person authorised in writing to assist the authority in carrying out its functions under or for the purposes of the enforcement of these Regulations and safety notices, except in relation to an enforcement authority which is a government department where it means an officer of that department;

“producer” means—

(a)

the manufacturer of a product, when he is established in [F5 the United Kingdom] and any other person presenting himself as the manufacturer by affixing to the product his name, trade mark or other distinctive mark, or the person who reconditions the product;

(b)

when the manufacturer is not established in [F5 the United Kingdom]—

(i)

if he has a representative established in [F5 the United Kingdom], the representative,

(ii)

in any other case, the [F6 person established in the United Kingdom that places a product from a country outside the United Kingdom on the market];

(c)

other professionals in the supply chain, insofar as their activities may affect the safety properties of a product;

“product” means a product which is intended for consumers or likely, under reasonably foreseeable conditions, to be used by consumers even if not intended for them and which is supplied or made available, whether for consideration or not, in the course of a commercial activity and whether it is new, used or reconditioned and includes a product that is supplied or made available to consumers for their own use in the context of providing a service. “product” does not include equipment used by service providers themselves to supply a service to consumers, in particular equipment on which consumers ride or travel which is operated by a service provider;

“recall” means any measure aimed at achieving the return of a dangerous product that has already been supplied or made available to consumers;

“recall notice” means a notice under regulation 15;

“record” includes any book or document and any record in any form;

[F7 “relevant enactment” means any retained EU law (as it applies in Great Britain) derived from an EU instrument harmonising the conditions for the marketing of products in the EU but does not include Regulation (EC) No 765/2008 of the European Parliament and the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93;]

“requirement to mark” means a notice under regulation 12;

“requirement to warn” means a notice under regulation 13;

“safe product” means a product which, under normal or reasonably foreseeable conditions of use including duration and, where applicable, putting into service, installation and maintenance requirements, does not present any risk or only the minimum risks compatible with the product's use, considered to be acceptable and consistent with a high level of protection for the safety and health of persons. In determining the foregoing, the following shall be taken into account in particular—

(a)

the characteristics of the product, including its composition, packaging, instructions for assembly and, where applicable, instructions for installation and maintenance,

(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.

The feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering a product to be a dangerous product;

“safety notice” means a suspension notice, a requirement to mark, a requirement to warn, a withdrawal notice or a recall notice;

“serious risk” means a serious risk, including one the effects of which are not immediate, requiring rapid intervention;

“supply” in relation to a product includes making it available, in the context of providing a service, for use by consumers;

“suspension notice” means a notice under regulation 11;

“withdrawal” means any measure aimed at preventing the distribution, display or offer of a dangerous product to a consumer;

“withdrawal notice” means a notice under regulation 14.

Extent Information

E1 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F1 Words in reg. 2 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 9 para. 2(a) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 2 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 9 para. 2(b) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 2 inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 9 para. 2(c) (as amended by S.I. 2020/676, regs. 1(1), 2, 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 2 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 9 para. 2(d) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in reg. 2 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 9 para. 2(e)(i) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 2 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 9 para. 2(e)(ii) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in reg. 2 inserted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 9 para. 2(f) (as amended by S.I. 2020/676, regs. 1(1), 2 and S.I. 2020/1460, reg. 1(4), Sch. 3 para. 6); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M2 1987 c. 43.

Interpretation N.I.

2.  In these Regulations:-

“the 1987 Act” means the Consumer Protection Act 1987 F11 ;

[F12 “NI Protocol obligation” means any obligation created or arising under the Protocol on Ireland/ Northern Ireland in the EU withdrawal agreement, whether or not an obligation to which section 7A(2) of the European Union (Withdrawal) Act 2018 applies (and does not include Regulation (EC) No 765/2008 of the European Parliament and the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (as it has effect in EU law)) ]

“contravention” includes a failure to comply and cognate expressions shall be construed accordingly;

“dangerous product” means a product other than a safe product;

“distributor” means a professional in the supply chain whose activity does not affect the safety properties of a product;

“enforcement authority” means the Secretary of State, any other Minister of the Crown in charge of a government department, any such department and any authority or council mentioned in regulation 10;

“general safety requirement” means the requirement that only safe products should be placed on the market;

“the GPS Directive” means Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety F13 ;

“magistrates' court” in relation to Northern Ireland, means a court of summary jurisdiction;

F14 ...

“notice” means a notice in writing;

“officer”, in relation to an enforcement authority, means a person authorised in writing to assist the authority in carrying out its functions under or for the purposes of the enforcement of these Regulations and safety notices, except in relation to an enforcement authority which is a government department where it means an officer of that department;

“producer” means—

(a)

the manufacturer of a product, when he is established in a [F15 relevant state] and any other person presenting himself as the manufacturer by affixing to the product his name, trade mark or other distinctive mark, or the person who reconditions the product;

(b)

when the manufacturer is not established in a [F15 relevant state]—

(i)

if he has a representative established in a [F15 relevant state], the representative,

(ii)

in any other case, the importer of the product from a state that is not a [F15 relevant state] into a [F15 relevant state];

(c)

other professionals in the supply chain, insofar as their activities may affect the safety properties of a product;

“product” means a product which is intended for consumers or likely, under reasonably foreseeable conditions, to be used by consumers even if not intended for them and which is supplied or made available, whether for consideration or not, in the course of a commercial activity and whether it is new, used or reconditioned and includes a product that is supplied or made available to consumers for their own use in the context of providing a service. “product” does not include equipment used by service providers themselves to supply a service to consumers, in particular equipment on which consumers ride or travel which is operated by a service provider;

“recall” means any measure aimed at achieving the return of a dangerous product that has already been supplied or made available to consumers;

“recall notice” means a notice under regulation 15;

“record” includes any book or document and any record in any form;

[F16 “relevant state” means—

(a)

Northern Ireland; or

(b)

any EEA state;]

“requirement to mark” means a notice under regulation 12;

“requirement to warn” means a notice under regulation 13;

“safe product” means a product which, under normal or reasonably foreseeable conditions of use including duration and, where applicable, putting into service, installation and maintenance requirements, does not present any risk or only the minimum risks compatible with the product's use, considered to be acceptable and consistent with a high level of protection for the safety and health of persons. In determining the foregoing, the following shall be taken into account in particular—

(a)

the characteristics of the product, including its composition, packaging, instructions for assembly and, where applicable, instructions for installation and maintenance,

(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.

The feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering a product to be a dangerous product;

“safety notice” means a suspension notice, a requirement to mark, a requirement to warn, a withdrawal notice or a recall notice;

“serious risk” means a serious risk, including one the effects of which are not immediate, requiring rapid intervention;

“supply” in relation to a product includes making it available, in the context of providing a service, for use by consumers;

“suspension notice” means a notice under regulation 11;

“withdrawal” means any measure aimed at preventing the distribution, display or offer of a dangerous product to a consumer;

“withdrawal notice” means a notice under regulation 14.

Extent Information

E3 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F11 1987 c. 43.

F12 Words in reg. 2 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 3 para. 1(2)(a)

F13 OJ No L11, 15/1/2002, p.4.

F14 Words in reg. 2 omitted (N.I.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 3 para. 1(2)(b)

F15 Words in reg. 2 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 3 para. 1(2)(c)

F16 Words in reg. 2 inserted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 3 para. 1(2)(d)

Application E+W+S

3.—(1) Each provision of these Regulations applies to a product in so far as there are no specific provisions with the same objective in [F8 any relevant enactment] governing the safety of the product F9 ....

(2) Where a product is subject to specific safety requirements imposed by [F8 any relevant enactment] F9 ..., these Regulations shall apply only to the aspects and risks or category of risks not covered by those requirements. This means that:

(a) the definition of “safe product” and “dangerous product” in regulation 2 and regulations 5 and 6 shall not apply to such a product in so far as concerns the risks or category of risks covered by the specific [F10 provisions of the enactment], and

(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.

Extent Information

E2 This version of this provision extends to England and Wales and Scotland only; a separate version has been created for Northern Ireland only

Textual Amendments

F8 Words in reg. 3 substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 9 para. 3(a) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in reg. 3 omitted (E.W.S.) (31.12.2020) by virtue of The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 9 para. 3(b) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in reg. 3(2)(a) substituted (E.W.S.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 9 para. 3(c) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)

Application N.I.

3.—(1) Each provision of these Regulations applies to a product in so far as there are no specific provisions with the same objective in [F17 any NI Protocol obligation] governing the safety of the product other than the GPS Directive.

(2) Where a product is subject to specific safety requirements imposed by [F17 any NI Protocol obligation] other than the GPS Directive, these Regulations shall apply only to the aspects and risks or category of risks not covered by those requirements. This means that:

(a) the definition of “safe product” and “dangerous product” in regulation 2 and regulations 5 and 6 shall not apply to such a product in so far as concerns the risks or category of risks covered by the specific [F18 NI Protocol obligation], and

(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.

Extent Information

E4 This version of this provision extends to Northern Ireland only; a separate version has been created for England and Wales and Scotland only

Textual Amendments

F17 Words in reg. 3 substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 3 para. 1(3)(a)

F18 Words in reg. 3(2)(a) substituted (N.I.) (31.12.2020) by The Product Safety and Metrology etc. (Amendment) (Northern Ireland) (EU Exit) Regulations 2020 (S.I. 2020/1112), reg. 1(b), Sch. 3 para. 1(3)(b)

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.