- (a) the definition of “safe product” and “dangerous product” in regulation 2 and regulations 5 and 6 shall not apply to such a product in so far as concerns the risks or category of risks covered by the specific rules, and
- (b) the remainder of these Regulations shall apply except where there are specific provisions governing the aspects covered by those regulations with the same objective.
4. These Regulations do not apply to a second-hand product supplied as a product to be repaired or reconditioned prior to being used, provided the supplier clearly informs the person to whom he supplies the product to that effect.
PART 2
OBLIGATIONS OF PRODUCERS AND DISTRIBUTORS
General safety requirement
5.—(1) No producer shall place a product on the market unless the product is a safe product.
(2) No producer shall offer or agree to place a product on the market or expose or possess a product for placing on the market unless the product is a safe product.
(3) No producer shall offer or agree to supply a product or expose or possess a product for supply unless the product is a safe product.
(4) No producer shall supply a product unless the product is a safe product.
Presumption of conformity
6.—(1) Where, in the absence of specific provisions in rules of Community law governing the safety of a product, the product conforms to the specific rules of the law of part of the United Kingdom laying down the health and safety requirements which the product must satisfy in order to be marketed in the United Kingdom, the product shall be deemed safe so far as concerns the aspects covered by such rules.
(2) Where a product conforms to a voluntary national standard of the United Kingdom giving effect to a European standard the reference of which has been published in the Official Journal of the European Union in accordance with Article 4 of the GPS Directive, the product shall be presumed to be a safe product so far as concerns the risks and categories of risk covered by that national standard. The Secretary of State shall publish the reference number of such national standards in such manner as he considers appropriate.
(3) In circumstances other than those referred to in paragraphs (1) and (2), the conformity of a product to the general safety requirement shall be assessed taking into account—
- (a) any voluntary national standard of the United Kingdom giving effect to a European standard, other than one referred to in paragraph (2),
- (b) other national standards drawn up in the United Kingdom,
- (c) recommendations of the European Commission setting guidelines on product safety assessment,
- (d) product safety codes of good practice in the sector concerned,
- (e) the state of the art and technology, and
- (f) reasonable consumer expectations concerning safety.
(4) Conformity of a product with the criteria designed to ensure the general safety requirement is complied with, in particular the provisions mentioned in paragraphs (1) to (3), shall not bar an enforcement authority from exercising its powers under these Regulations in relation to that product where there is evidence that, despite such conformity, it is dangerous.
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