General Product Safety Regulations 2005 information
United Kingdom legislation
General Product Safety Regulations 2005
Statutory Instrument
United Kingdom Parliament
Citation
SI 2005/1803
Introduced by
Gerry Sutcliffe Department of Trade and Industry
Territorial extent
United Kingdom
Dates
Made
30 June 2005
Commencement
1 October 2005
Revoked
—
Other legislation
Made under
European Communities Act 1972, s.2(2)
Amended by
—
Revoked by
—
Relates to
—
Status: Current legislation
Text of statute as originally enacted
Text of the General Product Safety Regulations 2005 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.
The General Product Safety Regulations 2005 is a 2005 statutory instrument of the Parliament of the United Kingdom that demands that "No producer shall [supply or] place a [consumer] product on the market unless the product is a safe product" (reg. 5(1)) and provides broad enforcement powers. The regulations implemented European Union directive 2001/95/EC and revoked the General Product Safety Regulations 1994[1] (reg. 1(2)). The regulations also repealed section 10 of the Consumer Protection Act 1987 which had previously imposed a more limited general safety requirement (reg. 46(2)).
It is a crime to breach the general safety requirement. On summary conviction in a magistrates' court, an offender can be sentenced to up to three months' imprisonment and the statutory maximum fine. On conviction on indictment in the Crown Court, an offender can be sentenced to 12 months' imprisonment and a £20,000 fine (reg. 20(1)). An enforcement authority can recover the full costs of enforcement from an offender (reg. 27).
It is a defence that all due diligence was exercised in the supply of the product (reg. 29(1)). Where a person wishes to rely on the defence that supply of a dangerous product was due to the default of someone else or reliance on information from someone else, he must serve notice on the court seven days before the hearing (reg. 29(2)–(3)).
^SI 1994/2328
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