Consumer Protection Act 2007

101.

Directions under certain instruments respecting product safety: actions of third parties.

101.— (1) In this section “relevant direction” means a direction, for the time being in force, given under any of the statutory instruments specified in Schedule 7 , being a direction—

( a) prohibiting the placing on the market of one or more products or requiring one or more products to be withdrawn from the market, or

( b) imposing restrictions on the placing on the market of one or more products.

(2) In this section a reference to a product concerned is a reference to a product to which the relevant direction relates.

(3) If a relevant direction is given to a person, being a direction to which subsection (1)(a) applies, any other person who knows of the direction shall not do any of the following things, namely—

( a) distribute,

( b) sell,

( c) offer for sale,

( d) supply in the course of providing a service,

a product concerned.

(4) If a relevant direction is given to a person, being a direction to which subsection (1)(b) applies, any other person who knows of the direction shall not—

( a) in a case where the restriction concerned prohibits the doing of that particular thing in respect of the product — do any particular thing referred to in subsection (3) in respect of a product concerned, or

( b) in a case where the restriction concerned does not prohibit the doing of that particular thing in respect of the product — do any particular thing referred to in subsection (3) in respect of a product concerned otherwise than in accordance with the terms of the restriction.

(5) A person who contravenes subsection (3) or (4) commits an offence and is liable on summary conviction to the fines and penalties provided in Chapter 4 of Part 5 .

(6) This section is in addition to the provision of any statutory instrument specified in Schedule 7 that creates an offence in respect of a contravention of a direction given under that instrument.