Product regulation
2Product requirements
(1)
Product regulations may make provision about requirements (“product requirements”) that must be met—
(a)
in relation to products marketed or used in the United Kingdom;
(b)
in order for products to be marketed or used in the United Kingdom.
(2)
The regulations may include product requirements in relation to—
(a)
the production, components (whether tangible or intangible), composition or other characteristics of products;
(b)
the installation of products;
(c)
the use of products;
(d)
the marking of products;
(e)
the marketing of products through an online marketplace;
(f)
the provision of information (including information about risk) in relation to products to—
(i)
persons to whom products are marketed or who use products in the United Kingdom;
(ii)
persons mentioned in subsection (3);
(iii)
relevant authorities;
(g)
the making of statements about products;
(h)
the monitoring, assessment, verification or certification of products;
(i)
the recording or investigating of complaints;
(j)
the production or retention of documents or samples;
(k)
co-operation with relevant authorities;
(l)
the appointment of authorised representatives.
(3)
The persons on whom product regulations may impose product requirements include—
(a)
a manufacturer of a product or a person carrying out another method of production in relation to a product;
(b)
a person who markets a product in the United Kingdom;
(c)
a person who imports a product into the United Kingdom for it to be marketed or used in the United Kingdom;
(d)
a person who installs a product in the United Kingdom;
(e)
a person who—
(i)
controls access to an online marketplace,
(ii)
controls the contents of an online marketplace, or
(iii)
acts as an intermediary for a person who controls such access or contents;
(f)
an authorised representative of a person mentioned in paragraphs (a) to (e);
(g)
a person carrying out monitoring, assessment, verification or certification of a product;
(h)
a person carrying out activities in relation to the certification or accreditation of a person mentioned in paragraph (g);
(i)
any other person carrying out activities in relation to a product.
(4)
Product regulations may make provision for or in relation to technical standards relating to product requirements.
(5)
Provision described in subsection (4) may include provision about—
(a)
the persons who may prepare technical standards;
(b)
the procedure by which, and persons by whom, technical standards may be prepared;
(c)
the matters that must or may be covered by a technical standard.
(6)
Product requirements may—
(a)
refer to technical standards published by a person specified in the regulations (including standards as amended from time to time), and
(b)
provide that meeting a particular technical standard creates a presumption of compliance with a particular product requirement.
(7)
Product regulations may provide that a product requirement is to be treated as met if—
(a)
a requirement of relevant EU law specified in product regulations is met, or
(b)
such a requirement is met and conditions specified in the regulations are also met.
(8)
Before making provision described in subsection (7), the Secretary of State must have regard to the social, environmental and economic impact of making the provision concerned.
(9)
In this section, a reference to “intangible” components includes software.