Evidence in proceedings for offence relating to regulation 9(1)
44.—(1) This regulation applies where a person has given a notification to an enforcement authority pursuant to regulation 9(1).
(2) No evidence relating to that statement may be adduced and no question relating to it may be asked by the prosecution in any criminal proceedings (other than proceedings in which that person is charged with an offence under regulation 20 for a contravention of regulation 9(1)), unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
Transitional provisions
45. Where, in relation to a product, a suspension notice (within the meaning of the 1987 Act) has (by virtue of regulation 11(b) of the General Product Safety Regulations 1994(a)[1]) been served under section 14 of the 1987 Act and is in force immediately prior to the coming into force of these Regulations, it shall continue in force notwithstanding the revocation of the General Product Safety Regulations 1994 by these Regulations, and those Regulations shall continue to apply accordingly.
Amendments to the Consumer Protection Act 1987
46.—(1) The 1987 Act is amended as follows:
(2) Omit section 10 (general safety requirement).
(3) In section 11(1), omit the words “for the purposes of section 10(3) above and”.
(4) In section 13, add the following after subsection (6)—
- “(7) A notice may not be given under this section in respect of any aspect of the safety of goods, or any risk or category of risk associated with goods, concerning which provision is contained in the General Product Safety Regulations 2005.”.
(5) In section 19(1), in the definition of “safe”, omit the words ““safer” and”.
(6) In section 39(5), omit the word “10,”.
(7) In section 45(1), in the definition of “safety provision”, omit the words “the general safety requirement in section 10 above or”.
Consequential amendments to other legislation
47.—(1) Omit paragraph 15(1) of Schedule 4 to the Gas Act 1995(b)[2].
(2) The Criminal Justice and Police Act 2001(c)[3] is amended as follows.
(3) In section 66(4), insert the following after paragraph (n)—
- “(o) regulation 22 of the General Product Safety Regulations 2005 (powers of entry and search etc)”.
(4) In Schedule 1, insert the following after paragraph 73F(d)[4]—
- “General Product Safety Regulations 2005
- 73G. Each of the powers of seizure conferred by the provisions of regulation 22(4) to (6) of the General Product Safety Regulations 2005 (seizure for the purposes of ascertaining whether safety provisions have been contravened etc).”.
- ↑ (a) S.I. 1994/2328.
- ↑ (b) 1995 c. 45.
- ↑ (c) 2001 c. 16, section 66(4)(n) was inserted by paras 5(1) and (3) of Sch. 6 to the Human Tissue Act 2004 c. 30.
- ↑ (d) Paragraph 73F is prospectively inserted by para. 18 of Schedule 16 to the Gambling Act 2005 c. 19.
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