is the consumer protection act 1987 still in force

35 applied (with modifications) (8.12.2016) by The Lifts Regulations 2016 (S.I. There are criminal offences of obstructing an officer of an enforcement authority or giving false information, punishable with a fine (s.32) and recovery of the costs of enforcement (s.35). 74(8), 223(2)(savings in ss. Importers into the European Union (EU) for commercial sale. 7), S. 15 applied (with modifications) (31.5.1998) by S.I. Can you refuse to pay a builder for bad work? . 28, Sch. 31 applied (with modifications) (8.12.2016) by The Lifts Regulations 2016 (S.I. . . . 28, Sch. Most of the important. 30(3), Sch. . . 16 applied (with modifications) (21.4.2018) by The Personal Protective Equipment (Enforcement) Regulations 2018 (S.I. 1(o), 2 (with reg. (b)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. 2005/494, art. 5 paras. was revoked (25.8.2003) by S.I. . 4 para. 1, 2 (with regs. 1(o), 2 (with regs. 1, Sch. 29 applied (with modifications) (3.8.2017) by The Recreational Craft Regulations 2017 (S.I. 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. 7 paras. (9)An order following an application under subsection (1)(a) above shall not take effect, (a)until the end of the period of twenty-one days beginning with the day after the day on which the order is made; or. 1787.6 Nondomestic products. 2002/1144, reg. Consumer Protection Act 1987 is up to date with all changes known to be in force on or before 30 June 2023. 3(i) (with art. 6 para. . 2), C80S. . . 6 para. 2, Sch. In determining for the purposes of this Part who has suffered any loss of or damage to property and when any such loss or damage occurred, the loss or damage shall be regarded as having occurred at the earliest time at which a person with an interest in the property had knowledge of the material facts about the loss or damage. F92Sch. 7 paras. . 62, S. 17 modified (13.6.2002) by S.I. Section 3 defines a "defect" as being present when "the safety of the product is not such as persons generally are entitled to expect". 12(2)(g), 18 (with s. 2(8)); S.I. (b)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. 8), F44Words in s. 29(7) repealed (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 4 repealed (20.6.2003) by 2002 c. 40, ss. (3)The facts referred to in subsection (2) above are. The Federal Consumer Credit Protection Act & How it Protects You - Debt.org 5). . 8, Sch. 2000/1315, reg. . (4.12.2000) by virtue of, Words in s. 1(2) substituted (S.) (7.7.2011) by, Words in s. 1(2)(c) substituted (22.4.2011) by. C97S. 44(3), Sch. 3-5, 77), C110S. 1(1)(a) (with reg. 3), C53S. 2(c), S. 37 applied (with modifications) (8.4.2000) by S.I. . 6), F53Words in s. 30(3) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 1999/2001, reg. (1)Subject to the following provisions of this Part, where any damage is caused wholly or partly by a defect in a product, every person to whom subsection (2) below applies shall be liable for the damage. 4 para. 1.After section 11 of the Limitation Act 1980 (actions in 2.In section 12(1) of the said Act of 1980 (actions 3.In section 14 of the said Act of 1980 (definition 4.In section 28 of the said Act of 1980 (extension 5.In section 32 of the said Act of 1980 (postponement 6.In section 33 of the said Act of 1980 (discretionary 7.The Prescription and Limitation (Scotland) Act 1973 shall be amended 8.In section 7(2), after the words not being an obligation 9.In Part II, before section 17, there shall be inserted 10.After section 22, there shall be inserted the following new 11.Section 23 shall cease to have effect, but for the 12.In paragraph 2 of Schedule 1, after sub-paragraph (gg) there 1.A prohibition notice in respect of any goods shall. 1 (with reg. 2018/389), reg. 2016/1092), reg. The Health and Safety at Work etc. Every weights and measures authority, every district council in Northern Ireland and every person on whom functions are conferred by regulations under subsection (2) of section 27 above shall, whenever the Secretary of State so directs, make a report to the Secretary of State on the exercise of the functions exercisable by that authority or council under that section or by that person by virtue of any such regulations. 2018/389), The Personal Protective Equipment (Enforcement) Regulations 2018 (S.I. 8), F40S. 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. References in this Act to any goods in relation to which any safety provision has been or may have been contravened shall include references to any goods which it is not reasonably practicable to separate from any such goods. An action to which this section applies shall not be brought after the expiration of the period of ten years from the relevant time, within the meaning of section 4 of the said Act of 1987; and this subsection shall operate to extinguish a right of action and shall do so whether or not that right of action had accrued, or time under the following provisions of this Act had begun to run, at the end of the said period of ten years. 10 paras. 1, Sch. 2015/1640), reg. 7 paras. (1A)It shall be the duty of any person who designs, manufactures, imports or supplies any article of fairground equipment. 3(c), Ss. 6 para. Would you have reasonably expected the safety of the product to have deteriorated after a period of time. by Fireworks Act 2003 (c. 22), ss. . (a)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 ; (b)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 ; and. 8 para. 2016/1092), reg. 2016/507), regs. 2(1)-(3)), C30S. 89), C109S. 3, (with art. 2015/1630, art. . 1995/204, reg. 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. 2016/1091), reg. 1, Sch. )(1.12.1993) by S.R. 3), C246Sch. . . . 2003/1941, reg. 2(1)-(3)), C252Sch. 8), F62Words in s. 32(1)(c) substituted (1.10.2015) by Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 7. Consumer Protection Act 1987 is up to date with all changes known to be in force on or before 25 May 2022. By the Low Voltage Electrical Equipment (Safety) Regulations 1989, Subject to the following provisions of this section, references in this Act to supplying goods shall be construed as references to doing any of the following, whether as principal or agent, that is to say. 29(2) omitted (1.10.2015) by virtue of Consumer Rights Act 2015 (c. 15), s. 100(5), Sch. 18(1), Sch. 2; S.R. 1 (with reg. 13 paras. 1, Sch. C203S. . 1991/1530. 2004/1831, art. 1, 2 (with reg. 1, Sch. 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. Copyright 2023 Consumer Protection Association |. 1992/3139 was revoked (15.5.2002) by S.I. (28.11.2003 for certain purposes, 15.7.2004 for certain further purposes and otherwise prosp.) . 2016/1091), reg. . . . . The standard of safety that "persons generally are entitled to expect" is to be assessed in relation to all the circumstances, including (s.3(2)): but the fact that older products were less safe than newer ones does not, of itself, render the older products defective. . 1997/831, reg. 89), C250Sch. 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, In section 33(1)(h) (offence of obstructing an inspector), after the word duties there shall be inserted the words, or to obstruct a customs officer in the exercise of his powers under section 25A , In section 53(1) (general interpretation of Part I), after the definition of article for use at work there shall be inserted the following definition. 1, Sch. How has the product has been marketed? 8), C129S. . (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. It is hereby declared that a person shall not be entitled to rely on the defence provided by subsection (1) above by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular, to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and. 1(1), Sch. 2016/1101), reg. 1994/2326, reg. 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; 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; The Secretary of State may by regulations make provision for the manner in which any information is to be given to any person under any provision of Part IV of this Act. . 2005/1126, art. . 3-5), C249Sch. 5 paras. 1(1), Sch. 7 paras. . (b)to make such supplemental, consequential and transitional provision as the Secretary of State considers appropriate. . 1 para. 63, S. 17 applied (with modifications) (15.5.2002) by S.I. Geographical Extent: 3(i) (with art. (4)Liability by virtue of subsection (1) above shall not be limited or excluded by any contract term, by any notice or (subject to the power contained in subsection (1) above to limit or exclude it in safety regulations) by any other provision. 2003/1941, reg. 2017/1206), reg. . . 2015/1630), The Standardised Packaging of Tobacco Products Regulations 2015 (S.I. 2. (6.4.2005) by The Regulatory Reform (Trading Stamps) Order 2005 (S.I. and, after considering any matters under this paragraph, to make a report (including recommendations) to the Secretary of State about the matters considered by him and the notice. 11 para. 3(c), S. 35 applied (with modifications) (1.7.1997) by S.I. (2)The Secretary of State may by regulations. . 19(1)-(4), Sch. (f)giving the goods as a prize or otherwise making a gift of the goods; and, in relation to gas or water, those references shall be construed as including references to providing the service by which the gas or water is made available for use. 2003/1941, reg. . ; S.I. 2003/1397, art. 2, Sch. . 3-6); (as amended by S.I. See how this legislation has or could change over time. . (c)the supplier fails, within a reasonable period after receiving the request, either to comply with the request or to identify the person who supplied the product to him. . 1, Sch. 2 para. 18(1), Sch. Amendments of Part I of the Health and Safety at Work etc. 1997/831, reg. 1988/2076). 15 para. 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. . 2(a), C100S. state that the trader may at any time make representations in writing to the Secretary of State for the purpose of establishing that the goods are safe. 27-35) applied (1.1.1993) by S.I. (9)In subsection (8) communications data, postal operator and telecommunications operator have the same meanings as in the Investigatory Powers Act 2016 (see sections 261 and 262 of that Act). 1994/3248, reg. . . 15 para. 2015/1640), reg. This was put into law in 1972 and is enforced by the Consumer Protection Safety Commission, which regulates testing of products and created standards and warning labels. 6 para. 15 para. 1 para. 19(1)-(4), Sch. 10(11), S. 14 applied (with modifications) (9.1.1995) by S.I. Where the affairs of a body corporate are managed by its members, subsection (2) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. . . 408(6)(b), 411, Sch. . The Consumer Protection Act 1987 (c 43) is an Act of the Parliament of the United Kingdom which made important changes to the consumer law of the United Kingdom. 1(b), 2 (with reg. shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. Section 7, 8 Consumer Protection Act |The State Consumer Protection . 48. . (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. 46 applied by Wireless Telegraphy Act 1949 (c. 54, SIF 96), s. 1C(5) as inserted by Broadcasting Act 1990 (c. 42, SIF 96), s. 170, S. 46 applied (18.9.2003 for specified purposes and 29.12.2003 for further specified purposes) by Marine Broadcasting (Offences) Act 1967 (c. 41), ss. 19(2), S. 16 restricted (13.6.2002) by S.I. (16.7.2021) by The Market Surveillance (Northern Ireland) Regulations 2021 (S.I. 6 para. . 8), F47S. 13 applied (with modifications) (8.12.2016) by The Simple Pressure Vessels (Safety) Regulations 2016 (S.I. This date is our basedate. F90S. by Fireworks Act 2003 (c. 22), ss. 2015/1553), reg. 33 applied (with modifications) (8.12.2016) by The Electromagnetic Compatibility Regulations 2016 (S.I. Subject to the following provisions of this Part, where any damage is caused wholly or partly by a defect in a product, every person to whom subsection (2) below applies shall be liable for the damage. 2018/389), reg. 19(1)-(4), Sch. 2003/1941, reg. 7), C102S. . 2(2), 16(1)-(3), Sch. (a)a persons death is caused wholly or partly by a defect in a product, or a person dies after suffering damage which has been so caused; (b)a request such as mentioned in paragraph (a) of subsection (3) of section 2 above is made to a supplier of the product by that persons personal representatives or, in the case of a person whose death is caused wholly or partly by the defect, by any dependant or relative of that person; and. Except for the purposes of, and in relation to, notices to warn. Section 2, Consumer Protection Act 1987 Practical Law Primary Source 3-508-5894 (Approx. 10 paras. 1(a), 2 (with reg. 2016/1091), reg. The Secretary of State shall not make an order under subsection (2) above bringing into force the repeal of the. 2003/1941, reg. 45 applied (with modifications) (8.12.2016) by The Lifts Regulations 2016 (S.I. 2002/1144, regs. In Scotland a sheriff may make an order for forfeiture of any goods in relation to which there has been a contravention of a safety provision, on an application by the procurator-fiscal made in the manner specified in section 310 of the. 27 para. (1)This Act may be cited as the Consumer Protection Act 1987. 2011/1043), art. 1991/762, art. 13, 18 (with s. 2(8)); S.I. 62, S. 14 modified (13.6.2002) by S.I. . 2017/1206), reg. 2008/1277), reg. 1(l), 2, C175S. . . 47 applied (with modifications) (1.10.2015) by The Packaging (Essential Requirements) Regulations 2015 (S.I. IV applied in part (with modifications) (20.5.2016) by The Tobacco and Related Products Regulations 2016 (S.I. . 18 applied (with modifications) (8.12.2016) by The Lifts Regulations 2016 (S.I. The UK implementation differs from the version of the defence in Art.7(e) of the Directive: the state of scientific and technical knowledge when [the producer] put the product into circulation was not such as to enable the existence of the defect to be discovered. 2005/1452) (N.I. Changes over time for: Consumer Protection Act 1987 01/02/1991 07/02/1991 28/02/1991 04/03/1991 21/05/1991 05/07/1991 01/12/1991 01/04/1992 16/10/1992 06/01/1994 03/10/1994 31/10/1994. 30(3), Sch. 28, Sch. 21, Sch. 2017/737), reg. . 30 applied (with modifications) (8.12.2016) by The Pressure Equipment (Safety) Regulations 2016 (S.I. 4 Pt. 30, Sch. . . (2)For the purposes of subsection (1) above, and for the purposes of section 7 of the M28Interpretation Act 1978 (which relates to the service of documents by post) in its application to that subsection, the proper address of any person on whom a document is to be served by virtue of this Act shall be his last known address except that. 2016/1091), reg. 1, Sch. 2016/1093), reg. 2), C57S. 125, 126, Sch. . 3), S. 17 restricted (1.1.1995 until end of 1996) by S.I. 7), C144S. It shall be the duty of the Secretary of State to consider any report made to him under sub-paragraph (1) above and, after considering the report, to inform the person on whom it was proposed that a notice to warn should be served of his decision with respect to the proposal. . 8 para. 1995/204, reg. 2015/1630, art. 2(b) (with Sch. 6 para. 33 applied (with modifications) (17.8.2015) by The Pyrotechnic Articles (Safety) Regulations 2015 (S.I. . F91Sch. 1(a), 2 (with reg. means any fairground equipment or any article designed for use as a component in any such equipment; after the definition of credit-sale agreement there shall be inserted the following definition. 1(b), 2, C33S. 2015/1630, art. 2016/1092), The Recreational Craft Regulations 2017 (S.I. 2 applied (with modifications) (8.12.2016) by The Pressure Equipment (Safety) Regulations 2016 (S.I. 6 para. . C173S. 1, 2 (with regs. (1) In . 11(5) excluded (1.8.2002) by S.I. . ; S.I. 28-35 applied (with modifications) (31.5.1998) by S.I. 3), C88S. . 1 (with reg. 2 para. 1, Sch. 2016/1101), reg. 1991/199, reg. Any food sold in its raw state also falls within the definition of a product and is covered by the Consumer Protection Act in England and Wales. 28-35 applied (with modifications) (31.5.1998) by S.I. (3)Where a person on whom a notification containing a draft of a proposed notice to warn has been served is informed of a time for the purposes of sub-paragraph (2) above, that time shall not be, (a)before the end of the period of twenty-eight days beginning with the day on which the notification was served; or. the Secretary of State shall inform the person intending to make the representations of the place and time at which oral representations may be made to the appointed person. (5)If any person who is not an officer of an enforcement authority purports to act as such under section [F5429(4)] above or this section he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. 2013/206), The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. . Further, a customs officer can detain goods (s.31). 3(c), S. 31 applied (with modifications) (1.7.1997) by S.I. 4 para. 2). IV para. Where two or more persons are liable by virtue of this Part for the same damage, their liability shall be joint and several.
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