Part II

Consumer Safety

Safety regulations.
11
1
The Secretary of State may by regulations under this section ( “safety regulations”) make such provision as he considers appropriate . . . for the purpose of securing—
a
that goods to which this section applies are safe;
b
that goods to which this section applies which are unsafe, or would be unsafe in the hands of persons of a particular description, are not made available to persons generally or, as the case may be, to persons of that description; and
c
that appropriate information is, and inappropriate information is not, provided in relation to goods to which this section applies.
2
Without prejudice to the generality of subsection (1) above, safety regulations may contain provision—
a
with respect to the composition or contents, design, construction, finish or packing of goods to which this section applies, with respect to standards for such goods and with respect to other matters relating to such goods;
b
with respect to the giving, refusal, alteration or cancellation of approvals of such goods, of descriptions of such goods or of standards for such goods;
c
with respect to the conditions that may be attached to any approval given under the regulations;
d
for requiring such fees as may be determined by or under the regulations to be paid on the giving or alteration of any approval under the regulations and on the making of an application for such an approval or alteration;
e
with respect to appeals against refusals, alterations and cancellations of approvals given under the regulations and against the conditions contained in such approvals;
f
for requiring goods to which this section applies to be approved under the regulations or to conform to the requirements of the regulations or to descriptions or standards specified in or approved by or under the regulations;
g
with respect to the testing or inspection of goods to which this section applies (including provision for determining the standards to be applied in carrying out any test or inspection);
h
with respect to the ways of dealing with goods of which some or all do not satisfy a test required by or under the regulations or a standard connected with a procedure so required;
i
for requiring a mark, warning or instruction or any other information relating to goods to be put on or to accompany the goods or to be used or provided in some other manner in relation to the goods, and for securing that inappropriate information is not given in relation to goods either by means of misleading marks or otherwise;
j
for prohibiting persons from supplying, or from offering to supply, agreeing to supply, exposing for supply or possessing for supply, goods to which this section applies and component parts and raw materials for such goods;
k
for requiring information to be given to any such person as may be determined by or under the regulations for the purpose of enabling that person to exercise any function conferred on him by the regulations.
3
Without prejudice as aforesaid, safety regulations may contain provision—
a
for requiring persons on whom functions are conferred by or under section 27 below to have regard, in exercising their functions so far as relating to any provision of safety regulations, to matters specified in a direction issued by the Secretary of State with respect to that provision;
b
for securing that a person shall not be guilty of an offence under section 12 below unless it is shown that the goods in question do not conform to a particular standard;
c
for securing that proceedings for such an offence are not brought in England and Wales except by or with the consent of the Secretary of State or the Director of Public Prosecutions;
d
for securing that proceedings for such an offence are not brought in Northern Ireland except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland;
e
for enabling a magistrates’ court in England and Wales or Northern Ireland to try an information or, in Northern Ireland, a complaint in respect of such an offence if the information was laid or the complaint made within twelve months from the time when the offence was committed;
f
for enabling summary proceedings for such an offence to be brought in Scotland at any time within twelve months from the time when the offence was committed; and
g
for determining the persons by whom, and the manner in which, anything required to be done by or under the regulations is to be done.
4
Safety regulations shall not provide for any contravention of the regulations to be an offence.
5
Where the Secretary of State proposes to make safety regulations it shall be his duty before he makes them—
a
to consult such organisations as appear to him to be representative of interests substantially affected by the proposal;
b
to consult such other persons as he considers appropriate; and
c
in the case of proposed regulations relating to goods suitable for use at work, to consult the Health and Safety Executive in relation to the application of the proposed regulations to Great Britain;
but the preceding provisions of this subsection shall not apply in the case of regulations which provide for the regulations to cease to have effect at the end of a period of not more than twelve months beginning with the day on which they come into force and which contain a statement that it appears to the Secretary of State that the need to protect the public requires that the regulations should be made without delay.
6
The power to make safety regulations shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament and shall include power—
a
to make different provision for different cases; and
b
to make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate.
7
This section applies to any goods other than—
a
growing crops and things comprised in land by virtue of being attached to it;
b
water, food, feeding stuff and fertiliser;
c
gas which is, is to be or has been supplied by a person authorised to supply it by or under section 7A of the Gas Act 1986 (licensing of gas suppliers and gas shippers) or paragraph 5 of Schedule 2A to that Act (supply to very large customers an exception to prohibition on unlicensed activities)or under Article 8(1)(c) of the Gas (Northern Ireland) Order 1996;
d
controlled drugs and licensed medicinal products;
e
medical devices.
S. 11: power conferred by s. 11 exercised by S.I. 1991/1530
S. 11: s. 11 power exercised (28. 11. 1991) by S.I. 1991/2693.
S. 11 applied (N.I.) (1.12.1993) by S.R. 1993/412, reg. 19(3)
Words in s. 11(1) omitted (1.10.2005) by virtue of The General Product Safety Regulations 2005 (S.I. 2005/1803), reg. 46(3) (with regs. 42, 43)
S. 11(3)(c)(e)(f) applied (with modifications) (E.W.S.) (28.11.2003 for certain purposes, 15.7.2004 for certain further purposes and otherwise prosp.) by Fireworks Act 2003 (c. 22), ss. 11(6), 18 (with s. 2(8)); S.I. 2003/3084, art. 2, Sch.; S.I. 2004/1831, art. 2, Sch.
S. 11(3)(f): certain functions made exercisable concurrently (29.7.2004) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2004 (S.I. 2004/2030), art. 4, Sch.
S. 11(5) excluded (1.8.2002) by S.I. 2002/1770, reg. 1(2)
S. 11(5) power exercised by S.I. 1991/447.
S. 11(5) power previously exercised by S.I. 1989/2358, 2347, 2288, 2233, 1291, 1275, 1988/1647, 1324, 1979, 1911.
Words in s. 11(5)(c) substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 22, Sch. 3 (with art. 21, Sch. 2)
Words in s. 11(7)(c) substituted (E.W.S.) (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 15(2); S.I. 1996/218, art. 2
Words in s. 11(7)(c) inserted (N.I.) (10.6.1996) by S.I. 1996/276 (N.I. 2), art. 71(1), Sch. 6 (with Sch. 7 paras. 2, 3(2)); S.R. 1996/216, art. 2
Part II : definition of "supply" applied (E.W.)(1.12.1991) by Statutory Water Companies Act 1991 (c. 58, SIF 130), ss. 1(6), 17(2)
Pt. II applied in part (with modifications) (20.5.2016) by The Tobacco and Related Products Regulations 2016 (S.I. 2016/507), regs. 1(2), 53(3)
S. 11(7)(e) inserted (26.5.2021) by Medicines and Medical Devices Act 2021 (c. 3), ss. 41(1)(a), 50(3) (with s. 41(8)); S.I. 2021/610, reg. 2(c) (with reg. 3)