2015/1553), The Lifts Regulations 2016 (S.I. specifies the place and time at which the oral representations may be made. (5)Where the Secretary of State proposes to make safety regulations it shall be his duty before he makes them. 2(1), Sch. in a case where a place and time has been appointed under paragraph 7(2) above for oral representations to be made by that person or his representative, any representations so made and any statements made by witnesses in connection with those representations. Although the Consumer Protection Act contains a strict liability test, companies may defend against your claim if they can prove any of the following: You can't bring a claim under the Consumer Protection Act more than three years from the date you became aware of the damage. 2(c), S. 14 applied (with modifications) (8.4.2000) by S.I. F32Ss. 8 omitted (31.12.2020) by virtue of The Product Safety and Metrology etc. (4)Except for the purposes of, and in relation to, notices to warn F86. 2017/737), reg. F74S. (10)An order under subsection (1)(b) above shall not take effect, (a)until the end of the period within which an appeal against the order could be brought under the Criminal Procedure (Scotland) Act 1975; or. 1, Sch. 41(4); S.I. any provision of safety regulations, a prohibition notice or a suspension notice; safety regulations means regulations under section 11 above; ship includes any boat and any other description of vessel used in navigation; subordinate legislation has the same meaning as in the M31Interpretation Act 1978; substance means any natural or artificial substance, whether in solid, liquid or gaseous form or in the form of a vapour, and includes substances that are comprised in or mixed with other goods; supply and cognate expressions shall be construed in accordance with section 46 below; suspension notice means a notice under section 14 above. (4.12.2000) by virtue of S.I. 41(5); S.I. (7)It is hereby declared that liability by virtue of this Part is to be treated as liability in tort for the purposes of any enactment conferring jurisdiction on any court with respect to any matter. 2(2), 16(1)-(3), Sch. Act 1974. (2)Without prejudice to the generality of subsection (1) above, safety regulations may contain provision. 19(1)-(4), Sch. (1)This section shall apply to an action to enforce an obligation arising from liability under section 2 of the 1987 Act (to make reparation for damage caused wholly or partly by a defect in a product), except where section 22C of this Act applies. 2002/1144, reg. 8(1)Where a person is appointed to consider representations about a proposed notice to warn, it shall be his duty to considerU.K. 1, 2 (with regs. 2 paras. 2017/737), reg. IV para. The Secretary of State shall, before the end of the period of one month beginning with the day on which he receives the representations, serve a notification on the trader which states, that the Secretary of State has decided to revoke the notice, has decided to vary it or, as the case may be, has decided neither to revoke nor to vary it; or. . 1, Sch. 2015/1630, art. 18(1), Sch. 3(c), S. 44 applied (with modifications) (1.7.1997) by S.I. The European Directive on Product Liability introduces a new regime of strict product liability to the member states of the Community. (3)The enactments mentioned in Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule. 1, 2 (with regs. 74, 75(5)), C192S. 1, 2 (with reg. 1(g), 2 (with regs. 1999/2001, reg. 2017/1206), reg. (with art. 2), F16Words in s. 11(7)(c) substituted (E.W.S.) In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). 74, 75(5)), C135S. 35, F83Words in definition of "safety provision" in s. 45(1) omitted (1.10.2005) by virtue of The General Product Safety Regulations 2005 (S.I. 46(6) (with regs. 4 para. . 38; S.I. 2 para. 2, Sch. 19(1)-(4), Sch. 8), F44Words in s. 29(7) repealed (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. . 2 para. 2005/1803), The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. (4)Where a relevant claim is made in an arbitration, and the nature of the claim has been stated in a preliminary notice (within the meaning of section 4(4) of this Act) relating to that arbitration, the date when the notice is served shall be taken for those purposes to be the date of the making of the claim. 11 para. (ii)he recklessly makes any statement which is false in a material particular. (2)Anything seized and detained under this section shall be dealt with during the period of its detention in such manner as the Commissioners of Customs and Excise may direct.
Consumer Protection Act 1987 - Wikipedia 2021/858), The Packaging (Essential Requirements) Regulations 2015 (S.I. 2000/730, reg. 8, Sch. An application under this section may be made, to any magistrates court in which proceedings have been brought in England and Wales or Northern Ireland, for an offence in respect of a contravention in relation to the goods of any safety provision; or. . . . 29 applied (with modifications) (1.1.1993) by S.I. 6 para. 2016/1093), reg. 1994/3260, reg. 2015/1630, art. Act 1974 and sections 31 and 80 of the Explosives Act 1875; to repeal the Trade Descriptions Act 1972 and the Fabrics (Misdescription) Act 1913; and for connected purposes. . (7)In subsection (8) (relief from duties for persons relying on undertakings by others). Nothing in this Act shall be construed as requiring a person to answer any question or give any information if to do so would incriminate that person or that persons spouse. . 18 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 33 applied (with modifications) (8.12.2016) by The Pressure Equipment (Safety) Regulations 2016 (S.I. . . 2 paras. . as regard 2.In section 22 (prohibition notices) (a) in subsections (1) and 3.After section 25 there shall be inserted the following section 4.After section 27 (power to obtain information) there shall be 5.In section 28 (restrictions on disclosure of information), in subsection 6.In section 33(1)(h) (offence of obstructing an inspector), after the 7.In section 53(1) (general interpretation of Part I). means any fairground ride, any similar plant which is designed to be in motion for entertainment purposes with members of the public on or inside it or any plant which is designed to be used by members of the public for entertainment purposes either as a slide or for bouncing upon, and in this definition the reference to plant which is designed to be in motion with members of the public on or inside it includes a reference to swings, dodgems and other plant which is designed to be in motion wholly or partly under the control of, or to be put in motion by, a member of the public; after the definition of local authority there shall be inserted the following definition. There are changes that may be brought into force at a future date. 10 paras. 12(1), 18 (with s. 2(8)); S.I. 3 paras. 50. According to the Consumer Protection Act, you are entitled to make a claim for damages against both the supermarket and producer. 74, 75(5)), C163S. 2017/737), reg. (3)A notice under this subsection shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it. 1, Sch. 2017/1206), reg. 2003/3084,{art. Further, a customs officer can detain goods (s.31). . (3)An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M34Northern Ireland Act 1974 (exercise of legislative functions for Northern Ireland) which states that it is made only for purposes corresponding to any of the provisions of this Act mentioned in subsection (1)(a) to (c) above, (a)shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution procedure and procedure in cases of urgency); but. 1(1), Sch.
Consumer protection - Wikipedia (3)Service under subsection (2) above shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings under the Criminal Procedure (Scotland) Act 1975. 5 para. (2)For the purposes of any reference in this Act to supplying goods, where a person ( the ostensible supplier) supplies goods to another person ( the customer) under a hire-purchase agreement, conditional sale agreement or credit-sale agreement or under an agreement for the hiring of goods (other than a hire-purchase agreement) and the ostensible supplier, (a)carries on the business of financing the provision of goods for others by means of such agreements; and.
PDF GUIDANCE on the UK Regulations Commercial Practices Directive - GOV.UK (3)A disclosure of information made to any person under subsection (1) above shall be made in such manner as may be directed by the Commissioners of Customs and Excise and may be made through such persons acting on behalf of that person as may be so directed. 1994/3260, reg. 4(4)(c)). This pattern is common in other EU member states and research indicates that most claims are settled out of court. 2017/1206), reg. 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. 7 paras. . (4)In this section and section 32 below customs officer means any officer within the meaning of the M22Customs and Excise Management Act 1979. 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. 2003/3084, art. (a)a decision disposing of the claim has been made against which no appeal is competent; (b)an appeal against such a decision is competent with leave, and the time limit for leave has expired and no application has been made or leave has been refused; (c)leave to appeal against such a decision is granted or is not required, and no appeal is made within the time limit for appeal; or, relevant claim in relation to an obligation means a claim made by or on behalf of the creditor for implement or part implement of the obligation, being a claim made, (a)in appropriate proceedings within the meaning of section 4(2) of this Act; or, (b)by the presentation of, or the concurring in, a petition for sequestration or by the submission of a claim under section 22 or 48 of the Bankruptcy (Scotland) Act 1985; or. 37 applied (with modifications) (3.8.2017) by The Recreational Craft Regulations 2017 (S.I. The officer may not exercise a power under this section to secure the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator. 1 (with reg. 2(c), S. 47 applied (with modifications) (8.4.2000) by S.I. . 2019/696), reg. Amendments of Part I of the Health and Safety at Work etc. . . has the same meaning as in the Damages (Scotland) Act 1976. 49(2) repealed (2.12.1999) by 1998 c. 47, s. 100(2), Sch. 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. . . This date is our basedate. 4 para. 2016/1101), reg. 2018/389), reg. 2003/3084, art. (8)Any disputed question as to the right to or the amount of any compensation payable under this section shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff. (5)Where two or more persons are liable by virtue of this Part for the same damage, their liability shall be joint and several. . 2(2), 16(1)-(3), Sch. 3 paras. . . 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. 2(2), Sch. 1(1), Sch. . 1(1), F9Words in s. 4(1)(a) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 3 para. . . 7U.K.The M40Prescription and Limitation (Scotland) Act 1973 shall be amended as follows. . (5)A consent given by an enforcement authority for the purposes of subsection (1) above may impose such conditions on the doing of anything for which the consent is required as the authority considers appropriate. . 36(2)(a); S.I. 3 para. 2 Pt. 2018/390), reg. Nothing in this Part shall prejudice the operation of section 12 of the. 3(i) (with art. Forfeiture: England and Wales and Northern Ireland. 1(1)(b) (with reg. (5)This section shall apply to an offence under section F75. . (1.6.2015) by, S. 12 applied (with modifications) (E.W.S.) 2}, Sch. (3)In subsection (2) (duty of person who undertakes the design or manufacture of an article for use at work to carry out research), after the word work there shall be inserted the words or of any article of fairground equipment . 28, Sch. 46 applied (with modifications) (21.4.2018) by The Personal Protective Equipment (Enforcement) Regulations 2018 (S.I. (4)A person guilty of an offence under subsection (3) above shall, (a)in the case of an offence under paragraph (a) of that subsection, be liable on summary conviction to a fine not exceeding level 5 on the standard scale; and, (b)in the case of an offence under paragraph (b) of that subsection be liable. . 2(d), C101S. 2), C156S. 13 paras. subsection (6) of the said section 1 (exclusion of liability) were omitted. 6 para. . 1(d), 2 (with regs. . 2(1), Sch. THE CONSUMER PROTECTION ACT, 1986 & RULES, 1987 CONTENTS Page Introduction 1 Sections CHAPTER I . 2020/766, reg. 2015/1630, art. (1)An obligation arising from liability under section 2 of the 1987 Act (to make reparation for damage caused wholly or partly by a defect in a product) shall be extinguished if a period of 10 years has expired from the relevant time, unless a relevant claim was made within that period and has not been finally disposed of, and no such obligation shall come into existence after the expiration of the said period. 1, 2 (with regs. 2008/1277), reg. . 1991/175, art. . (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. 12(2)(i), 18 (with s. 2(8)); S.I. 17 applied (with modifications) (17.8.2015) by The Pyrotechnic Articles (Safety) Regulations 2015 (S.I. . . . 30, Sch. . 1, Sch. . 2003/3084, art. (e)in the definition of substance, after the words natural or artificial substance there shall be inserted the words (including micro-organisms) . (3)The time specified in a notification served for the purposes of sub-paragraph (2)(b) above shall not be before the end of the period of twenty-one days beginning with the day on which the notification is served, unless the trader otherwise agrees or the time is the time already specified for the purposes of paragraph 2(2)(b) above. (15.11.2005) by The Law Reform (Misccellaneous Provisions) (Northern Ireland) Order 2005 (S.I. The Consumer Protection Act 1987 is in place to hold manufacturers accountable for producing unsafe goods. Amendments of Part I of the Health and Safety at Work etc. . . 16(3)(b), S. 39 applied (with modifications) (8.4.2000) by S.I. 2016/1092), reg. 68, C59Ss. For the purposes of this Schedule the Secretary of State may appoint a person (instead of the appointed person) to consider any representations or statements, if the person originally appointed, or last appointed under this sub-paragraph, to consider those representations or statements has died or appears to the Secretary of State to be otherwise unable to act. . 3 paras. . 1(o), 2 (with reg. 3 paras. 2 applied (with modifications) (8.12.2016) by The Simple Pressure Vessels (Safety) Regulations 2016 (S.I. 5 paras. 2003/3084, art. to ensure, so far as is reasonably practicable, that the substance will be safe and without risks to health at all times when it is being used, handled, processed, stored or transported by a person at work or in premises to which section 4 above applies; to take such steps as are necessary to secure that persons supplied by that person with the substance are provided with adequate information about any risks to health or safety to which the inherent properties of the substance may give rise, about the results of any relevant tests which have been carried out on or in connection with the substance and about any conditions necessary to ensure that the substance will be safe and without risks to health at all such times as are mentioned in paragraph (a) above and when the substance is being disposed of; and, In subsection (5) (duty of person who undertakes the manufacture of a substance for use at work to carry out research), for the words substance for use at work there shall be substituted the word, at the end there shall be inserted the words, at all such times as are mentioned in paragraph (a) of subsection (4) above , In subsection (8) (relief from duties for persons relying on undertakings by others), for the words for or to another there shall be substituted the words, for use at work or an article of fairground equipment and does so for or to another , for the words when properly used there shall be substituted the words, at all such times as are mentioned in paragraph (a) of subsection (1) or, as the case may be, in paragraph (a) of subsection (1) or (1A) above , for the words by subsection (1)(a) above there shall be substituted the words, After the said subsection (8) there shall be inserted the following subsection, Nothing in subsection (7) or (8) above shall relieve any person who imports any article or substance from any duty in respect of anything which, in the case of an article designed outside the United Kingdom, was done by and in the course of any trade, profession or other undertaking carried on by, or was within the control of, the person who designed the article; or. . 2002/1144, regs. . 8), F60Words in s. 32(1)(a) substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. (3)Subject as aforesaid, where any damage is caused wholly or partly by a defect in a product, any person who supplied the product (whether to the person who suffered the damage, to the producer of any product in which the product in question is comprised or to any other person) shall be liable for the damage if. 7 paras. 2018/389), reg. 1, Sch. 3(4)(5)31), C16S. describe the goods in a manner sufficient to identify them; set out the grounds on which the authority suspects that a safety provision has been contravened in relation to the goods; and. 19(1)-(4), Sch. . 2018/390), reg. 1(k), 2 (with regs. . ], F39Words in s. 29(1) substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 16 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. 44, C2By the Toys (Safety) Regulations 1989, S.I. 1, Sch. 11(b), S. 14 excluded (1.1.1995) by S.I. . . 3, Transitional Provisions, Savings and Consequential Amendments) Order 2015 (S.I. S. 47 applied (E.W.S) (28.11.2003 for certain purposes, 15.7.2004 for certain further purposes and otherwise prosp.) . . 13(1), S. 13 applied (with modifications) (29.11.1999) by S.I. 3), C230S. (4)Where a notification containing a draft of a proposed notice to warn is served on a person in respect of any goods, a notice to warn served on him in consequence of a decision made under sub-paragraph (2) above shall either be in the form of the draft or shall be less onerous than the draft. 1(h), 2 (with reg. 2(7), 18 (with s. 2(8)); S.I. . 1, Sch. 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. Where the Secretary of State has served a notification containing a draft of a proposed notice to warn on any person, he shall not serve a notice to warn on that person in respect of the goods to which the proposed notice relates unless. 6). (5)Any person aggrieved by an order made under this section by a magistrates court, or by a decision of such a court not to make such an order, may appeal against that order or decision. Act 1974. . It allows consumers to claim compensation if the defective product has caused personal injury, damage to property or death. 2004/1831, art. . . F12S. . 2013/1506), regs. . growing crops and things comprised in land by virtue of being attached to it; water, food, feeding stuff and fertiliser; 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. controlled drugs and licensed medicinal products; S. 11: power conferred by s. 11 exercised by, S. 11: s. 11 power exercised (28. (28.11.2003 for certain purposes, 15.7.2004 for certain further purposes and otherwise prosp.) . . . 44(3), Sch. 5), C95Pt. 11. 13(2)(a) (which said S.I. (2)In section 101(3) of the said Act of 1984 (enactments specified in exceptions to general restrictions on disclosure of information), after paragraph (g) there shall be inserted the following paragraph, F96Sch. 2016/1093), reg. (3)Subject to subsection (4) below, the performance of any contract by the erection of any building or structure on any land or by the carrying out of any other building works shall be treated for the purposes of this Act as a supply of goods in so far as, but only in so far as, it involves the provision of any goods to any person by means of their incorporation into the building, structure or works. in any other case, to appoint a person to consider those representations, any further representations made (whether in writing or orally) by the trader about the notice and the statements of any witnesses examined under this Part of this Schedule. In this section a claim is finally disposed of when. 13 paras. 2016/1093), reg. Ctrl + Alt + T to open/close. Subject to subsection (12) below, goods forfeited under this section shall be destroyed in accordance with such directions as the sheriff may give. 2U.K.In section 12(1) of the said Act of 1980 (actions under the M39Fatal Accidents Act 1976), after the words section 11 there shall be inserted the words or 11A .
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