PART 1
GENERAL
Citation, commencement and revocation
1.—(1) These Regulations may be cited as the General Product Safety Regulations 2005 and shall come into force on 1st October 2005 with the exception of the reference to a civil partner in regulation 43(2) which shall come into force on 5th December 2005.
(2) The General Product Safety Regulations 1994(a)[1] are hereby revoked.
Interpretation
2. In these Regulations:-
“the 1987 Act” means the Consumer Protection Act 1987(b)[2];
“Community law” includes a law in any part of the United Kingdom which implements a Community obligation;
“contravention” includes a failure to comply and cognate expressions shall be construed accordingly;
“dangerous product” means a product other than a safe product;
“distributor” means a professional in the supply chain whose activity does not affect the safety properties of a product;
“enforcement authority” means the Secretary of State, any other Minister of the Crown in charge of a government department, any such department and any authority or council mentioned in regulation 10;
“general safety requirement” means the requirement that only safe products should be placed on the market;
“the GPS Directive” means Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety(c)[3];
“magistrates’ court” in relation to Northern Ireland, means a court of summary jurisdiction;
“Member State” means a member State, Norway, Iceland or Liechtenstein;
“notice” means a notice in writing;
“officer”, in relation to an enforcement authority, means a person authorised in writing to assist the authority in carrying out its functions under or for the purposes of the enforcement of these Regulations and safety notices, except in relation to an enforcement authority which is a government department where it means an officer of that department;
“producer” means—
- (a) the manufacturer of a product, when he is established in a Member State and any other person presenting himself as the manufacturer by affixing to the product his name, trade mark or other distinctive mark, or the person who reconditions the product;
- (b) when the manufacturer is not established in a Member State—
- (i) if he has a representative established in a Member State, the representative,
- (ii) in any other case, the importer of the product from a state that is not a Member State into a Member State;
- (c) other professionals in the supply chain, insofar as their activities may affect the safety properties of a product;
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