Part I

Product Liability

Purpose and construction of Part I.
1
1
This Part was enacted for the purpose of making such provision as was necessary in order to comply with the product liability Directive and shall be construed accordingly.
2
In this Part, except in so far as the context otherwise requires—
...
- “dependant” and
“relative” have the same meaning as they have in, respectively, the Fatal Accidents Act 1976 and the Damages (Scotland) Act 2011;
- “producer”, in relation to a product, means—
a
the person who manufactured it;
b
in the case of a substance which has not been manufactured but has been won or abstracted, the person who won or abstracted it;
c
in the case of a product which has not been manufactured, won or abstracted but essential characteristics of which are attributable to an industrial or other process having been carried out (for example, in relation to agricultural produce), the person who carried out that process;
- “product” means any goods or electricity and (subject to subsection (3) below) includes a product which is comprised in another product, whether by virtue of being a component part or raw material or otherwise; and
- “the product liability Directive” means the Directive of the Council of the European Union, dated 25th July 1985, (No. 85/374/EEC) on the approximation of the laws, regulations and administrative provisions of the member States concerning liability for defective products.
3
For the purposes of this Part a person who supplies any product in which products are comprised, whether by virtue of being component parts or raw materials or otherwise, shall not be treated by reason only of his supply of that product as supplying any of the products so comprised.
Definition of "agricultural produce" in s. 1(2) omitted (E.W.) (4.12.2000) by virtue of S.I. 2000/2771, art. 2(2) and that same definition omitted (S.) (19.7.2001) by virtue of S.S.I. 2001/265, art. 2(2)
1976 c. 30.
Words in s. 1(2) substituted (S.) (7.7.2011) by Damages (Scotland) Act 2011 (asp 7), ss. 15, 19(3), Sch. 1 para. 4(1) (with ss. 17, 19(2)); S.S.I. 2011/268, art. 3, (with art. 4)
Words in s. 1(2)(c) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), art. 4(1)
Words in s. 1(1) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 3 para. 2(1) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)
Word in s. 1(1) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696), reg. 1, Sch. 3 para. 2(2) (as amended by S.I. 2020/676, regs. 1(1), 2); 2020 c. 1, Sch. 5 para. 1(1)