The Construction Products Regulations 1991

Prohibition on supply

8.—(1) A person shall be guilty of an offence if he supplies any construction product which does not satisfy the requirement in regulation 3.

(2) In any proceedings against any person for an offence under this regulation in respect of any construction product it shall be a defence for that person to show–

(a) that he reasonably believed that the product would not be used in the Community; or

(b) that the following conditions are satisfied, that is to say–

(i) that he supplied the product in the course of carrying on a general retail business; and

(ii) that, at the time he supplied the product, he neither knew nor had reasonable grounds for believing that the product failed to satisfy the relevant requirement in regulation 3; or

(c) that the terms on which he supplied the product–

(i) indicated that the product was not supplied or to be supplied as a new product; and

(ii) provided for, or contemplated, the acquisition of an interest in the product by the persons supplied or to be supplied.

(3) For the purposes of paragraph (2)(b) above, a product is supplied in the course of carrying on a general retail business if–

(a) whether or not it is itself acquired for a person’s private use, it is supplied in the course of carrying on a business of making a supply of goods which are ordinarily intended for private use or consumption available to persons who generally acquire them for private use or consumption; and

(b) the descriptions of goods the supply of which is made available in the course of that business do not, to a significant extent, include construction products.

(4) A person guilty of an offence under this regulation shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.