(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. C45S. 1(1), Sch. 2(1)In section 2 of the Trade Descriptions Act 1968 (meaning of trade description)U.K. 36(2)(c); S.I. 16(3)(a), S. 37 applied (with modifications) (29.11.1999) by S.I. (1)If they think it appropriate to do so for the purpose of facilitating the exercise by any person to whom subsection (2) below applies of any functions conferred on that person by or under Part II of this Act, or by or under Part IV of this Act in its application for the purposes of the safety provisions, [F70the Commissioners for Her Majestys Revenue and Customs] may authorise the disclosure to that person of any information obtained [F71or held] for the purposes of the exercise [F72by Her Majestys Revenue and Customs] of their functions in relation to imported goods. The Secretary of State may require information of any person in order to (s.18): Failure to provide information is a crime, punishable on summary conviction by a fine of up to level 5 on the standard scale. 30, Sch. 2015/1553), reg. 19(1)-(4), Sch. 16(3)(a), S. 47 applied (with modifications) (29.11.1999) by S.I. . 12. 8 para. . 1, Sch. 1(d), 2 (with regs. 33 applied (with modifications) (1.1.1993) by S.I. 2(1)-(3)), C157S. (b)the person whose representations are to be considered has informed the Secretary of State for the purposes of paragraph 6(1)(e) above that the representations he intends to make will include oral representations. . Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace.Consumer protection measures are often established by law. 2017/737), reg. 13 applied (with modifications) (26.12.2017) by The Radio Equipment Regulations 2017 (S.I. (10.6.1996) by S.I. 5). 1, Sch. the period of fourteen days beginning with the day on which the notification was served expires without the Secretary of State being informed as mentioned in sub-paragraph (1)(e) above; the period of twenty-eight days beginning with that day expires without any written representations being made by that person to the Secretary of State about the proposed notice; or. 50, 53(1), Sch. 2005/2475), reg. 2015/1630, art. . Most of the important. 10. 2011/1881), reg. 1, Sch. [15] As there was at that time no UK case law on the defence, the European Court of Justice found that there was no evidence that the UK was interpreting the defence more broadly than the wording of the directive. Except for the purposes of, and in relation to, prohibition notices or suspension notices, references in. 2013/206), regs. (a)in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body corporate; (b)in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the principal office of the partnership; and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom. 1(3), S. 39 applied (25.8.2003) by S.I. . C11S. This page was last edited on 10 May 2023, at 14:43. . 8U.K.In section 7(2), after the words not being an obligation there shall be inserted the words to which section 22A of this Act applies or an obligation . 45 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 2013/206), The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. . . 13 paras. A rise in material prices combined with increasing inflation has meant a slowdown in some areas such as house building and commerRead More, Insurance Backed Guarantees Are they still worth it for home improvements in 2023?Providing peace of mind and protection against insurance claims is necessary for the construction industry. 2(d), F86Words in s. 46(4) repealed (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. (4)In this section and section 32 below customs officer means any officer within the meaning of the M22Customs and Excise Management Act 1979. . 46(1) applied (with modifications) (17.8.2015) by The Pyrotechnic Articles (Safety) Regulations 2015 (S.I. The Secretary of State may revoke a notice to warn by serving on the person on whom the notice was served a notification stating that the notice is revoked. 13 paras. Claims under the Act are generally brought against the products producer. Order 2004 (S.I. 1993/1746, reg. (2)In this section the relevant time, in relation to electricity, means the time at which it was generated, being a time before it was transmitted or distributed, and in relation to any other product, means. 3(i) (with art. S. 39 applied (with modifications) (1.7.1997) by S.I. 5U.K.In section 28 (restrictions on disclosure of information), in subsection (1)(a), after the words furnished to any person there shall be inserted the words under section 27A above or . (b)complies with any order to pay costs or expenses (including any order under section 35 below) which has been made against that person in the proceedings for the order for forfeiture. . 1, 2 (with reg. 3-5), C122S. 39 applied (with modifications) (1.1.1993) by S.I. 14 applied (with modifications) (21.4.2018) by The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. 2016/1091), reg. . F92Sch. 7 paras. . . 2005/1126, art. that provides clear information on your rights offering simple solutions to solve your everyday consumer problems. 3 para. 11(c)(i), (1)There shall be paid out of money provided by Parliament, (a)any expenses incurred or compensation payable by a Minister of the Crown or Government department in consequence of any provision of this Act; and. . 45 applied (with modifications) (17.8.2015) by The Pyrotechnic Articles (Safety) Regulations 2015 (S.I. . Dependent on the legislation item being viewed this may include: Click 'View More' or select 'More Resources' tab for additional information including: All content is available under the Open Government Licence v3.0 except where otherwise stated. 2016/1092), reg. (5)Any person aggrieved by an order made under this section by a magistrates court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision. . . . 2 Pt. . S. 40(2)(3) applied (E.W.S) (28.11.2003 for certain purposes and otherwise prosp.) 1, 3. 2004/1831, art. 1, 3, C48S. 2016/1091), reg. 2018/390), reg. In subsection (1) above the reference to two working days is a reference to a period of forty-eight hours calculated from the time when the goods in question are seized but disregarding so much of any period as falls on a Saturday or Sunday or on Christmas Day, Good Friday or a day which is a bank holiday under the, S. 31 applied (with modifications) (1.1.1993) by, S. 31 applied (with modifications) (1.7.1997) by, S. 31 applied (with modifications) (17.8.2015) by, S. 31 applied (with modifications) (1.10.2015) by, intentionally obstructs any officer of an enforcement authority who is acting in pursuance of, intentionally fails to comply with any requirement made of him by any officer of an enforcement authority under, without reasonable cause fails to give any officer of an enforcement authority who is so acting any other assistance or information which the officer may reasonably require of him for the purposes of the exercise of the officers functions under, A person shall be guilty of an offence if, in giving any information which is required of him by virtue of subsection (1)(c) above. 2(1)-(3)), C81S. 1(2), S. 47 applied (with modifications) (15.5.2002) by S.I. 14-18 amended (3.10.1994) by S.I. 34, Sch. . 1 (with reg. For further information see the Editorial Practice Guide and Glossary under Help. F6Words in s. 2(2)(c) substituted (31.12.2020) by The Product Safety and Metrology etc. . 2008/1277), reg. 2018/390), reg. 1, Sch. (1.6.2015) by. 7 paras. . 2005/1452) (N.I. . 3(c). 8). . (ii)for the forfeiture of the goods under section 16 above; (3)On an application under this section to a magistrates court or to the sheriff, an order requiring goods to be released shall be made only if the court or sheriff is satisfied, (i)for an offence in respect of a contravention in relation to the goods of any safety provision F65. . (6)For the purposes of this section personal representative includes any person who is or has been a personal representative of the deceased, including an executor who has not proved the will (whether or not he has renounced probate) but not anyone appointed only as a special personal representative in relation to settled land; and regard shall be had to any knowledge acquired by any such person while a personal representative or previously. there has been a contravention of regulations; an appeal has been made against a suspension order; or. 1, Sch. 1 (with reg. 2) (with arts. 3 para. But you'll only be entitled to a single compensation award from a single defendant - not from all of them. . 2021/858), reg. . 1 (with reg. 28 omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. The applicability of the price does not depend on facts or circumstances on which its applicability does in fact depend; The price covers matters in respect of which an additional charge is in fact made; Some person, who in fact has no such expectation, expects the price to be: Increased or reduced, whether or not at a particular time or by a particular amount; or, Maintained, whether or not for a particular period; or. A customs officer may, for the purpose of facilitating the exercise by an enforcement authority or officer of such an authority of any functions conferred on the authority or officer by or under Part II of this Act, or by, section 29(4) of this Act or Schedule 5 to the Consumer Rights Act 2015. . 6 para. F85Words in s. 46(1)(d) repealed (E.W.S.) (2)For the purposes of section 1(1) of the 1987 Act, this Part shall have effect and be construed as if it were contained in Part I of that Act. 1(h), 2 (with reg. 1(2), Sch. C160S. If a person contravenes a provision of safety regulations which prohibits or requires the provision, by means of a mark or otherwise, of information of a particular kind in relation to goods, he shall be guilty of an offence. 3-5), C64S. (7)For the purposes of subsection (5) above a persons knowledge includes knowledge which he might reasonably have been expected to acquire, (a)from facts observable or ascertainable by him; or. 1998/1165, reg. 2016/1093), reg. 6), C84S. 7 paras. 3), C36S. 2017/1206), reg. S. 18 applied (E.W.S.) 7 paras. 42, 43), F84S. . (4)Safety regulations shall not provide for any contravention of the regulations to be an offence. Provision of false information is a crime, punishable on summary conviction by a fine of up to the statutory maximum and on indictment in the Crown Court of an unlimited fine (s.18(4)). 6 para. 9 para. 2015/1630, art. . 28(2)(3), Sch. 4(1) (which said S.I. 41(5); S.I. as regard articles and substances for use at work) shall be amended as follows. 15 para. . 11 para. . 1, 2 (with reg. (b)any person who, by putting his name on the product or using a trade mark or other distinguishing mark in relation to the product, has held himself out to be the producer of the product; (c)any person who has imported the product into [F6the United Kingdom] in order, in the course of any business of his, to supply it to another. . (16.7.2021) by The Market Surveillance (Northern Ireland) Regulations 2021 (S.I. 15 para. Different options to open legislation in order to view more content on screen at once. 8), F47S. (b)before the end of the period of seven days beginning with the day on which that person is informed of the time. 74, 75(5)), C219S. 43(a)(ii); S.I. . . For further information see the Editorial Practice Guide and Glossary under Help. . 1, Sch. Amendments of Part I of the Health and Safety at Work etc. C127S. the person who suffered the damage requests the supplier to identify one or more of the persons (whether still in existence or not) to whom subsection (2) above applies in relation to the product; that request is made within a reasonable period after the damage occurs and at a time when it is not reasonably practicable for the person making the request to identify all those persons; and. 1, Sch. . . 1(1), Sch. 3 paras. . (1)If they think it appropriate to do so for the purpose of facilitating the exercise or performance by any person to whom subsection (2) below applies of any of that persons powers or duties under any of the relevant statutory provisions, the Commissioners of Customs and Excise may authorise the disclosure to that person of any information obtained for the purposes of the exercise by the Commissioners of their functions in relation to imports. 41(4); S.I. . . 7 paras. (c)the conditions specified in paragraphs (b) and (c) of that subsection are satisfied in relation to that request. (3)An officer entering any premises by virtue of F53 a warrant under subsection (2) above may take with him such other persons and such equipment as may appear to him necessary. (4)In the computation of the period of 3 years mentioned in subsection (2) above, there shall be disregarded any period during which the person seeking to bring the action was under legal disability by reason of nonage or unsoundness of mind. 2003/1941, reg. (b)if an appeal is made within that period, until the appeal is determined or abandoned. (4)Any person aggrieved by an order made under this section by a magistrates court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision. 1, Sch. 2005/1126, art. was revoked (25.8.2003) by S.I. . 1 (with reg. . 34 applied (with modifications) (21.4.2018) by The Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018 (S.I. (Amendment etc.) 1994/3248, reg. (3)A disclosure of information made to any person under subsection (1) above shall be made in such manner as may be directed by [F73the Commissioners for Her Majestys Revenue and Customs] and may be made through such persons acting on behalf of that person as may be so directed. Advanced Search (including Welsh legislation in Welsh language), The Veterinary Medicines Regulations 2005 (S.I. There are changes that may be brought into force at a future date. The Consumer Contracts Regulations - which came into force on 13 June 2014 and implement the Consumer Rights Directive - give you rights when . 40(2); S.I. . 3 paras. 2016/1093), reg. in relation to a notice to warn, any goods to which that section applies or any growing crops or things comprised in land by virtue of being attached to it. How to spot a fake, fraudulent or scam website. . Offence of giving misleading indication. 2015/1630, art. . 2004/1831, art. Advanced Search (including Welsh legislation in Welsh language). 1, Sch. 17 applied (with modifications) (8.12.2016) by The Electrical Equipment (Safety) Regulations 2016 (S.I. 1(1), Sch. 11 para. 6 para. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. 1, Sch. This is likely to ensure that the UK legislation is interpreted to be consistent with the directive in the future, as was the case in A & Others v. National Blood Authority[16] where the judge referred to the directive rather than the UK legislation. 19(1)-(4), Sch. 2004/2030), art. . 2003/3084, art. (3)Section 1 of the M6Congenital Disabilities (Civil Liability) Act 1976 shall have effect for the purposes of this Part as if. ; S.I. (a)to ensure, so far as is reasonably practicable, that the article is so designed and constructed that it will be safe and without risks to health at all times when it is being used for or in connection with the entertainment of members of the public; (c)to take such steps as are necessary to secure that persons supplied by that person with the article are provided with adequate information about the use for which the article is designed or has been tested and about any conditions necessary to ensure that it will be safe and without risks to health at all times when it is being used for or in connection with the entertainment of members of the public; and, (d)to take such steps as are necessary to secure, so far as is reasonably practicable, that persons so supplied are provided with all such revisions of information provided to them by virtue of the preceding paragraph as are necessary by reason of its becoming known that anything gives rise to a serious risk to health or safety.. 2016/1105), reg. 2), C156S. . 1, Sch. 2004/1831, art. . . 2021/858), reg. C142S. 3(i) (with art. 2017/737), reg. 1, Sch. This section applies to any goods other than. And if the product was made outside the UK, you can also claim against the company that originally imported it into the UK. ], F39Words in s. 29(1) substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 46(1) applied (with modifications) (8.12.2016) by The Electrical Equipment (Safety) Regulations 2016 (S.I. . makes written representations to the Secretary of State about the proposed notice before the end of the period of twenty-eight days beginning with that day, the Secretary of State has appointed a person to consider representations about a proposed notice to warn; and.
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