make provision about the marketing or use of products in the United Kingdom; about units of measurement and the quantities in which goods are marketed in the United Kingdom; and for connected purposes.
The Product Regulation and Metrology Act 2025 was a Government Bill that became an Act of Parliament.
Is this Bill currently before Parliament?No. This Bill was introduced on 4 September 2024 and became an Act of Parliament on 21 July 2025.
Whose idea is this Bill?Government Bills implement the legislative agenda of the Government. This agenda, and the Bills that will implement it, are outlined in the Queen's Speech at the Session's State Opening of Parliament.
How can I find out exactly what this Bill does?The most straightforward information is contained in the initial Explanatory Notes for the Bill.
Would you like to know more?See these Glossary articles for more information: Act of Parliament, Government Bills, Process of a Bill
Official Bill Page Initial Explanatory Notes Initial Briefing papers Ministerial Extracts from Debates All Bill Debates
This bill has received Royal Assent and has become an Act of Parliament
Bill Progession through Parliament
1
This amendment was originally tabled as Amendment NC1 during Committee StageAfter Clause 9, insert the following clause - "Regulations making provision within devolved competence (1) The Secretary of State may only make regulations under section 1 which contain provision within Scottish devolved competence with the consent of the Scottish Ministers, unless the provision is merely incidental to, or consequential on, provision outside Scottish devolved competence. (2) The Secretary of State may only make regulations under section 1 which contain provision within Welsh devolved competence with the consent of the Welsh Ministers, unless the provision is merely incidental to, or consequential on, provision outside Welsh devolved competence. (3) The Secretary of State may only make regulations under section 1 or 5(2) which contain provision within Northern Ireland devolved competence with the consent of the relevant Northern Ireland department, unless the provision is merely incidental to, or consequential on, provision outside Northern Ireland devolved competence. (4) In subsection (3), the “relevant Northern Ireland department” is such Northern Ireland department as the Secretary of State considers appropriate having regard to the provision which is to be contained in the regulations concerned. (5) For the purposes of this section, provision is (a) within Scottish devolved competence if it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament; (b) within Welsh devolved competence if it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (including any provision that could be made only with the consent of a Minister of the Crown); (c) within Northern Ireland devolved competence if the provision– (i) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and (ii) would not, if it were contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998. (6) In Schedule 7B to the Government of Wales Act 2006 (general restrictions on legislative competence of Senedd Cymru), in paragraph 9(8)(b) (exceptions to restrictions relating to reserved authorities) – (a) omit the “or” at the end of paragraph (viii); (b) at the end of paragraph (ix) insert “; or (x) the Product Regulation and Metrology Act 2025." (7) In this section “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975."
2
This amendment was originally tabled as Amendment 1 during Committee StageClause 12, page 12, line 20, leave out “7 to 10” and insert "7, 8 and 10"
3
This amendment was originally tabled as Amendment 2 during Committee StageClause 15, page 12, line 37, leave out subsection (2)
NC15
Stella Creasy (LAB)To move the following Clause—
“Consultation on committee to examine changes to product regulations
(1) The Secretary of State must, within three months of the passing of this Act, commission a consultation on the creation of a committee on changes to product regulations.
(2) A consultation under subsection (1) must consider the suitability of current scrutiny mechanisms for assessing regulations created through the powers created or amended by the Product Regulation and Metrology Act 2025.
(3) A consultation under subsection (1) must consult—
(a) the Chair of the House of Commons Business and Trade Committee,
(b) the Chair of the House of Commons Foreign Affairs Select Committee,
(c) the Chair of the House of Commons Liaison Committee,
(d) the Chair of the House of Commons Public Administration and Constitutional Affairs Committee, and
(e) the House of Commons Commission.
(4) The Secretary of State must, as soon as practicable after receiving a report of a consultation under subsection (1), lay before both Houses of Parliament—
(a) a copy of the report of the consultation, and
(b) a statement setting out the Secretary of State’s response to that consultation.”
The new clause would require the Secretary of State to consult on the establishment of a House of Commons committee that would examine all changes to product regulations which are made by the powers granted by this legislation.
NC16
Jim Allister (TUV)To move the following Clause—
“Regulations: requirement for certification
When laying regulations to be made using the regulation making powers in this Act, the Secretary of State must certify that their effect is not to undermine the resolve of our constitutional arrangements to honour the choice of the people of the United Kingdom to leave the European Union by means of subjecting the United Kingdom to the same law as the European Union so it could subsequently be argued that the United Kingdom should rejoin so it has a voice in making the legislation rather than adopting legislation that has already been made by the European Parliament and Council of Ministers.”
NC17
Jim Allister (TUV)To move the following Clause—
“Brexit good faith statement
When laying regulations to be made using the regulation making powers in this Act, the Secretary of State must provide a statement (a “Brexit good faith statement”) setting out how in the development of the regulations it has sought to honour the decision of the people of the United Kingdom to leave the European Union by developing, through the regulations, a legislative framework that intentionally seeks to exploit the opportunities afforded by Brexit to develop competitive and other advantages for the United Kingdom compared with the European Union in the global marketplace.”
32
Jim Allister (TUV)Clause 1, page 1, line 10, leave out “the United Kingdom” and insert “Great Britain”
33
Jim Allister (TUV)Clause 13, page 13, line 24, at end insert—
“(6A) Where the regulations are for the purpose of applying to Great Britain regulations already applied to Northern Ireland by the European Union, Northern Ireland must also be involved in the said consultation on an equal basis with the rest of the United Kingdom.”
NC14
Jim Allister (TUV)To move the following Clause- "Review Panel (1) The Secretary of State must establish an independent review panel ("the Panel") no later than 2 years after the day on which this Act comes into force. (2) The Panel must- (a) carry out a review of all regulations under this Act corresponding to, similar to, or making references to, the requirements of relevant foreign laws under section 2(7), with a view to establishing- (i) their effect on economic growth; (ii) their effect on trade in the product concerned on a global basis; (iii) their effect on the relevant industry or industries within the United Kingdom; (b) prepare a report of the review, and (c) lay a copy of the report before Parliament, no later than 12 months from the date of the Panel's creation. (3) The Panel must consist of— (a) at least one person with expertise in economics; (b) at least one person with expertise in trade policy; (c) at least one person with expertise in domestic regulation of business.”
25
Jim Allister (TUV)Clause 1, page 1, line 11 leave out "EU" and insert "foreign"
26
Jim Allister (TUV)Clause 1, page 2, leave out lines 12 to 18 and insert- ""relevant foreign law” means law of one or more of the United States of America, Canada, Japan, the European Union, Switzerland, Australia, or New Zealand relating to standards, the marketing, or use of products in those markets, which are in force on a specific date and only that date, as specified in regulations;"
27
Jim Allister (TUV)Clause 2, page 3, line 41, leave out “EU” and insert “foreign”
28
Jim Allister (TUV)Clause 2, page 4, line 5, at end insert— "(8A) Before making provision described in subsection (7), the Secretary of State must make a statement in Parliament if the provision relates to relevant foreign law of only one of the markets listed in the definition of “relevant foreign law" in section 1(7)."
29
Jim Allister (TUV)Clause 2, page 4, line 5, at end insert- "(8B) The final meaning or interpretation of any provision of relevant foreign law under this Act shall be made exclusively by the Secretary of State or by a court or tribunal of the United Kingdom, as appropriate, and must not be delegated or conceded to any other authority within or outside the United Kingdom. (8C) The enforcement of any provision of relevant foreign law under this Act must be undertaken exclusively by the authorities of the United Kingdom Government and must not be delegated or conceded to any other authority within or outside the United Kingdom.”
30
Jim Allister (TUV)Clause 13, page 13, line 8, at end insert— “(za) provision described in section 2(7);"
31
Jim Allister (TUV)Clause 13, page 13, line 19, at end insert— "(4A) Any regulations made under section 1(1) or (2) which correspond to, are similar to, or make a reference to the requirement of relevant foreign laws under section 2(7), expire at the end of four years from the date on which they come into force."
NC13
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)To move the following Clause—
“International agreements
(1) The Secretary of State may not make regulations under section (1)(2) or section (2)(7) that will disadvantage the United Kingdom or its trade under—
(a) the Comprehensive and Progressive Agreement for Trans-Pacific Partnership,
(b) the Japan Economic Comprehensive Partnership Agreement,
(c) the UK-Canada Continuity Trade Agreement,
(d) The UK-Australia Free Trade Agreement,
(e) the UK-New Zealand Free Trade Agreement, or
(f) any other trade treaties to which the United Kingdom is, or becomes, a signatory, including any free trade agreement with the United States of America and India.”
This new clause would prevent the Secretary of State making regulations to align with EU standards which would damage the UK’s current or future trade agreements.
9
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 1, page 1, line 3, leave out subsection (1)
This amendment seeks to remove the broad powers granted to the Secretary of State under product regulations, when defining and regulating risks and determining what constitutes efficient or effective product operation.
10
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 1, page 1, line 9, leave out subsection (2)
This amendment removes the Secretary of State’s ability to make regulations about the marketing or use of products in the United Kingdom which corresponds, or is similar to, a provision of relevant EU law for the purpose of reducing or mitigating the environmental impact of products.
11
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 1, page 1, line 9, leave out “also”
This amendment is consequential on Amendment 9.
12
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 1, page 1, line 13, leave out “(1) or”
This amendment is consequential on Amendment 9.
8
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 1, page 1, line 21, at end insert—
“(4A) The Secretary of State must also by regulations make provision aimed at promoting investment, fostering innovation, and encouraging economic growth in relation to the marketing or use of products in the United Kingdom.
(4B) Regulations under subsection (4A) must support—
(a) the creation of economic incentives for businesses that contribute to economic growth, and
(b) the alignment of product regulations with the strategic aim of positioning the United Kingdom as a global leader in innovation.”
This amendment ensures that the regulations in the Bill prioritise economic growth and the United Kingdom’s role in innovation and economic expansion.
16
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 2, page 3, line 39, leave out subsections (7) and (8)
This amendment removes the ability for product regulations to provide that product requirements are met if the requirements of relevant EU law are met.
14
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 2, page 4, line 2, at end insert—
“(7A) Any regulations under subsection (7) which specify a relevant foreign law must specify that the foreign law referred to is that which is in application on a particular date, which must be specified.”
This amendment prevents the Bill enabling ambulatory references or dynamic alignment to relevant foreign laws, and only enables alignment with laws as they stand on a particular defined date.
15
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 2, page 4, line 2, at end insert—
“(7A) Notwithstanding the provisions of subsection (7)(a), a product requirement of relevant EU law must not be treated as met unless regulations are made by the Secretary of State to incorporate them into United Kingdom law.”
13
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 2, page 4, line 6, at end insert—
“(10) The provision described in subsection (7) may only be made if—
(a) a Minister of the Crown has laid before each House of Parliament a statement explaining the necessity of aligning with relevant EU law, and
(b) the updated provision had been approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown.”
This amendment would require the Secretary of State to make a statement to Parliament when aligning with EU law, and for Parliament to approve that provision before aligning with EU law.
17
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 2, page 4, line 6, at end insert—
“(10) The final meaning or interpretation of any provision of relevant EU law under this Act must be made exclusively by the Secretary of State or by a court or tribunal of the United Kingdom, as appropriate, and may not be delegated or conceded to any other authority within or outside the United Kingdom.
(11) The enforcement of any provision of relevant EU law under this Act must be undertaken exclusively by the authorities of the United Kingdom Government and may not be delegated or conceded to any other authority within or outside the United Kingdom.”
This amendment would prevent the interpretation or enforcement of any regulations referring to EU law from being undertaken by any authorities other than those based in the UK (for example the European Commission or CJEU).
21
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 3, page 4, line 8, leave out subsections (1) and (2)
22
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 3, page 4, line 11, leave out subsection (3)
23
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 3, page 4, line 17, leave out subsection (4)
24
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 3, page 5, line 16, leave out subsections (9) to (11)
18
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 13, page 13, line 24, at end insert—
“(6A) Regulations that amend or replace primary legislation must be subject to the affirmative resolution procedure.
(6B) Before making any regulations under this section, the Secretary of State must—
(a) conduct a consultation for a period of no less than six weeks;
(b) publish a statement outlining the purpose and necessity of the proposed regulations, the expected impact on businesses, consumers, and enforcement bodies, and the outcome of the consultation.
(6C) Within six months of any regulations made under this section which amend or repeal primary legislation, the Secretary of State must publish a review of the effect of that regulation and lay it before Parliament.”
This amendment requires that any regulations made under the Act that amend or replace primary legislation be subject to the affirmative resolution procedure.
NC1
Gareth Snell (LAB)To move the following Clause—
“Country of origin marking for ceramic products: assessment
(1) The Secretary of State must carry out an assessment of the potential benefits of introducing a country of origin marking for ceramic products sold in the United Kingdom.
(2) A report setting out the outcome of the assessment must be published and laid before Parliament within six months of this Act being passed.
(3) In this section—
“ceramic product” means a product—
(a) shaped from clay and hardened by high temperature;
(b) intended for use as tableware, kitchenware, or ornamentation;
(c) intended for sale; and
(d) made after this section comes into force;
“country of origin” means the country (including any constituent country of the United Kingdom) where the majority of the clay that comprises the product was first hardened by high temperature;
“country of origin marking” means a marking on the product stating the country in which the product was made.”
NC2
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)To move the following Clause—
“Requirement to inform customers about changes to prepackaged products
(1) A supermarket must inform customers if—
(a) there has been an increase in price per unit of measurement in any prepackaged product sold by the supermarket; and
(b) this increase has resulted from a decrease in the quantity of the goods included within the package.
(2) The requirement to inform customers must include a statement attached to the product, or placed alongside the product.
(3) The statement must—
(a) include the amount the quantity has decreased by and the amount the price per unit of measure has increased by;
(b) be the same font size as the unit price of the product and must be visible and legible; and
(c) be in place from the date of the change in unit quantity and remain in place for the following 60 days.
(4) In this section—
“prepackaged product” is a product that has been wrapped or placed in a container before being made available for retail;
“quantity of goods” includes, but is not limited to—
(a) weight of goods;
(b) volume of goods;
(c) number of units;
“supermarket” is a store with a sales area greater than 400m² of which 50% or more of the products sold are food products.”
This new clause would place a requirement on supermarkets to inform customers when the quantity of goods within the product had decreased resulting in a price increase per unit of measurement.
NC3
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)To move the following Clause—
“Reviews of potential country of origin labelling for meat products
(1) The Secretary of State must undertake a review into the feasibility, benefits, and potential impacts of requiring food service businesses employing over 250 people to display the country of origin of beef products sourced from the United States on menus.
(2) The review must consider—
(a) the potential public health, environmental, and animal welfare concerns related to beef production standards in the United States compared to those in the United Kingdom;
(b) the practicality of creating regulations for the labelling of beef for food service businesses equivalent to the Beef and Veal Labelling (England) Regulations 2010;
(c) consumer demand for country of origin information in relation to beef products; and
(d) the practicality and cost implications for the hospitality sector.
(3) The Secretary of State must, in undertaking the review, consult with representatives of the food and hospitality sectors, the National Farmers Union, food safety bodies, animal welfare groups, and any other stakeholders deemed relevant.
(4) The Secretary of State must lay a report on the findings of the review before Parliament within 6 months of the passing of this Act.
(5) Within 6 months of laying the report under subsection (5) the Government must undertake a further review into the feasibility, benefits, and potential impacts of requiring food service businesses employing over 250 people to display the country of origin labelling for any meat product from any country with reference to the outcomes of the report under subsection (5).
(6) The Secretary of State must lay a report on the findings of the review under subsection (6) before Parliament within 6 months of the launch of that review.”
This new clause requires the Government to undertake reviews into the feasibility of requiring food businesses to disclose the country of origin of meat products on menus.
NC4
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)To move the following Clause—
“Labelling for UK-produced or manufactured products
(1) The Secretary of State must establish a voluntary labelling system to indicate when a product has been produced or manufactured in the United Kingdom.
(2) The label must be—
(a) displayed clearly on the front-facing packaging of applicable goods;
(b) standardised in appearance, including a nationally recognised symbol or wording indicating UK origin; and
(c) legible, visible and no smaller in font size than the unit price display or equivalent information on the product.
(3) A product qualifies for the label if—
(a) it is wholly or substantially produced, manufactured, grown or reared in the United Kingdom; and
(b) it meets any additional criteria as set out by regulations made by the Secretary of State.
(4) The Secretary of State must consult food producers, retailers, consumer groups and relevant trade associations before setting the criteria for qualifying products and the design of the label.
(5) The Secretary of State must undertake a promotional campaign to ensure consumers are aware of the new labelling system.
(6) Regulations under this section must be made within 2 months of the passing of this Act.
(7) In this section—
“product” includes food, drink and manufactured goods available for retail sale;
“produced or manufactured in the United Kingdom” includes goods where the final significant production process occurred in the UK.”
This new clause would require the Government to introduce a voluntary labelling system, clearly marking goods produced or manufactured in the UK, helping consumers make informed choices and supporting domestic producers.
NC5
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)To move the following Clause—
“Support and Guidance for Small and Medium-Sized Enterprises
(1) The Secretary of State must produce and maintain guidance for small and medium-sized enterprises on how to comply with any provisions made by regulations under this Act.
(2) The guidance must include—
(a) a summary of the key provisions of the Act relevant to SMEs;
(b) practical advice on compliance requirements;
(c) information on any available financial, technical, or advisory support; and
(d) contact details for further enquiries or assistance.
(3) The first version of the guidance must be published on the day this Act is passed.
(4) Each time regulations are made under this Act, a revised version of the guidance must be published on the day the regulations are made.”
This new clause would ensure that guidance and support for SMEs on the impact of the Bill should be available 60 days before implementation.
NC6
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)To move the following Clause—
“Review of access to testing and certification for small and medium-sized enterprises (SMEs)
(1) The relevant Minister must undertake a review into the accessibility and affordability of independent product testing and certification for small and medium-sized enterprises (SMEs) in relation to the requirements of this Act.
(2) The review must include consideration of—
(a) the typical costs incurred by SMEs in meeting relevant testing and certification requirements;
(b) the availability and capacity of accredited testing providers serving SMEs;
(c) any barriers to market access arising from testing and certification obligations; and
(d) potential non-financial measures to support SMEs in meeting compliance requirements.
(3) The Minister must publish a report on the findings of the review, including any recommendations, within 12 months of the commencement of this section.”
This new clause would require the Government to undertake a review into the accessibility and affordability of independent product testing and certification for small and medium-sized enterprises (SMEs) in relation to the requirements of this Act.
NC7
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)To move the following Clause—
“Liability and redress for unsafe or defective products
The Secretary of State may by regulations make provision for—
(a) the extension of liability for unsafe or defective products to online marketplaces and any other persons within the scope of section 2(3);
(b) the disclosure of evidence in relation to claims for compensation or other rights of action in law for harm caused by unsafe or defective products and presumptions of liability that may arise accordingly;
(c) proceedings, including collective proceedings, to ensure redress for consumers or other individuals suffering harm as a result of unsafe or defective products made available in breach of requirements imposed under powers given by this Act.”
This new clause allows the Secretary of State to make regulations providing for liability of online marketplaces for defective and unsafe products, and to ensure that those suffering harm from unsafe or defective products can obtain redress.
NC8
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)To move the following Clause—
“Alignment with EU law
(1) Where equivalent or similar EU law exists in relation to relevant product regulations, the Secretary of State must, when making provision under section 1, update Parliament on whether the Government proposes to vary the regulations from alignment with EU law.
(2) If the Secretary of State believes divergence from relevant EU law to be in the interests of the United Kingdom, they must arrange for a statement to be made in Parliament on the benefits to United Kingdom business to be achieved by this divergence, at least fourteen days before the relevant regulations are laid before Parliament.
(3) If the Secretary of State believes alignment with the relevant EU law to be in the interests of the United Kingdom, they must arrange for a statement to be made in Parliament on the benefits to United Kingdom business to be achieved by this alignment, at least fourteen days before the relevant regulations are laid before Parliament.
(4) The statement under subsection (2) or (3) must include the date by which any such regulations will be reviewed, which can be no later than 36 months after implementation.”
This new clause provides greater regulatory certainty for UK businesses by requiring scrutiny of all decisions to diverge or align with EU regulations and a process for Parliamentary scrutiny and review, whether Ministers determine that divergence or alignment from such regulations would be in the best interests of the UK.
NC9
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)To move the following Clause—
“Inclusion of lithium-ion batteries as a priority product category
(1) The Secretary of State must, within three months of the passing of this Act, make regulations under this Act to include lithium-ion batteries as a specified product category subject to relevant safety, performance, labelling, environmental, and end-of-life requirements.
(2) Regulations made under subsection (1) must include—
(a) provisions for minimum safety and performance standards for lithium-ion batteries placed on the UK market;
(b) requirements for clear labelling, including information on capacity, cycle life, and safe handling;
(c) obligations for manufacturers and importers relating to fire safety, product recalls, and end-of-life disposal or recycling;
(d) powers for market surveillance authorities to take enforcement action in relation to non-compliant lithium-ion batteries.
(3) In this section, a "lithium-ion battery" means any rechargeable battery containing lithium compounds as a primary component of the electrochemical cell.[KM1]
(4) Before making regulations under this section, the Secretary of State must consult the following stakeholders—
(a) representatives of the battery industry,
(b) environmental groups,
(c) consumer safety organisations,
(d) fire services, and
(e) any other person whom the Secretary of State considers to be relevant.”
This new clause would ensure that Lithium-ion batteries are included in the Bill.
NC10
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)To move the following Clause—
“Duties of online marketplaces
(1) Without prejudice to the generality of any other powers or duties conferred by this Act, the Secretary of State must by regulations make provision about requirements that must be met by a person mentioned in section 2(3)(e), including regarding duties—
(a) to operate an online marketplace using effective systems and processes designed to monitor for, and identify, products presenting risks to consumers or other individuals and prevent such products being made available on or through the online marketplace;
(b) to cooperate with relevant authorities, with other persons mentioned in subsection 2(3) or any other relevant persons, to facilitate any action taken to eliminate or, if that is not possible, to mitigate the risks presented by a product that is or was made available on or through their online marketplace;
(c) to ensure that information regarding the identity and activities of persons marketing products on or through online marketplaces to consumers or other individuals is obtained and verified;
(d) to remove products presenting risks to consumers or other individuals from availability on or through an online marketplace as quickly as possible if alerted to their presence or becomes aware of it in any other way.
(2) Within 3 months from the day on which this Act is passed, the Secretary of State must publish and lay before Parliament a statement that sets out how the Secretary of State is exercising, or expects to exercise, the powers under subsection (1) regarding the proposed duties that must be met by a person mentioned in section 2(3)(e).”
This new clause provides a list of duties that must be imposed upon online marketplaces by regulations, and for a statement by the Secretary of State to be made to Parliament within 3 months of Royal Assent regarding the exercise of the duties conferred by this section.
NC11
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)To move the following Clause—
“Product recall
(1) The Secretary of State must, within six months of the passing of this Act, make regulations on product recall processes.
(2) The regulations must include provision to ensure—
(a) the creation and maintenance of a publicly accessible, government-hosted online database of all active product recalls affecting the UK market;
(b) clear obligations on manufacturers, importers, and distributors to notify the appropriate enforcement authority and upload recall notices to the database promptly upon identification of a safety risk;
(c) that recall notices include details of the affected product, risks identified, corrective action to be taken, and information on how consumers can claim a refund, replacement, or repair; and
(d) minimum standards for direct communication to affected consumers, including by email, SMS, or postal notice where reasonably practicable.
(3) The regulations must establish consumer rights entitling individuals to—
(a) a full refund, suitable replacement, or repair of a recalled product within a reasonable timeframe;
(b) access to support and guidance through the recall process, including where a product is no longer in production.
(4) The Secretary of State must consult with consumer protection organisations, trading standards bodies, manufacturers, and other relevant stakeholders before making regulations under this section.”
This new clause would ensure that a centralised Product Recall Mechanism is established to protect consumers.
NC12
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)To move the following Clause—
“Local weights and measures authorities: review
(1) The Secretary of State must, within one year of the day on which this Act is passed, lay before Parliament a review of the funding and capabilities of local weights and measures authorities to carry out in an effective way their enforcement responsibilities under the regulatory framework provided by this Act and other trading standards and consumer protection laws.
(2) In conducting the review under subsection (1), the Secretary of State must consult regulators and other persons likely to be affected by the review, including such representatives of consumer and business organisations as they consider appropriate.”
This new clause provides for the Secretary of State to carry out a review of how the funding and capabilities of Trading Standards authorities affects their enforcement activities, to consult appropriate bodies and stakeholders and to lay the review before Parliament.
7
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)Clause 1, page 1, line 14, at end insert—
“(3A) Further, the Secretary of State may only make regulations under subsections (1) or (2) if satisfied that making the regulations will not result in reducing the necessary levels of consumer protection and regulatory standards in relation to products, with reference where applicable to equivalent product regulations or standards in force at the time.”
This amendment prevents the Secretary of State from making regulations unless satisfied that the regulations will not reduce consumer protection and regulatory standards in relation to products.
5
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)Clause 2, page 3, line 6, at end insert—
“(2A) Product regulations must include requirements in relation to an environmental impact assessment, and provisions related to the right to repair and the circular economy.”
This amendment guarantees that future regulations under the Act will include provisions which relate to the circular economy and granting consumers the right to repair products.
3
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)Clause 2, page 3, line 21, at end insert—
“(fa) a person involved on behalf of a person mentioned in paragraphs (a) to (f), in product marketing or the use of products, including storage, transportation, packaging, labelling or disposal;”
This amendment closes a potential loophole in the Secretary of State’s powers to ensure that, whatever their legal status or location, all relevant organisations in the supply chain, including fulfilment houses, can be held accountable by regulations to protect consumers from non-compliant goods.
6
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)Clause 12, page 11, line 37, at end insert—
““circular economy” means that products are manufactured to minimise waste and maximise the use, reuse, and recyclability of products;”
This amendment clarifies the meaning of “circular economy” and is consequential on Amendment 5.
4
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)Clause 12, page 12, line 21, at end insert—
“(e) provision described in section [Product recall].”
1
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)Clause 13, page 13, line 4, leave out from “Act” to “may” in line 5
This amendment would make all regulations under this act subject to affirmative resolution of both Houses of Parliament.
2
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)Clause 13, page 13, line 8, leave out subsections (4) and (5)
This amendment is consequential on Amendment 1.
NC2
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)To move the following Clause—
“Purpose
(1) The purpose of this Act is to improve the regulation of products and metrology.
(2) The Secretary of State must, in taking any actions under this Act, advance that purpose while prioritising the maintenance of the United Kingdom’s regulatory autonomy and the United Kingdom’s regulatory competitiveness.
(3) Accordingly, and so far as it is possible to do so, provision made by virtue of this Act must be read and given effect so as to achieve the purpose mentioned in subsection (1) to the extent that it is consistent with the maintenance of the United Kingdom’s regulatory autonomy and regulatory competitiveness.
(4) When taking action to improve regulation under this Act, the Secretary of State must have regard to maintaining the highest quality regulatory framework.”
This new clause sets out that the purpose of this Act is to improve the regulation of products and metrology while maintaining the United Kingdom’s regulatory autonomy.
NC3
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)To move the following Clause—
“International agreements
(1) The Secretary of State may not make regulations under section (1)(2) or section (2)(7) that will disadvantage the United Kingdom or its trade under—
(a) the Comprehensive and Progressive Agreement for Trans-Pacific Partnership,
(b) the Japan Economic Comprehensive Partnership Agreement,
(c) the UK-Canada Continuity Trade Agreement,
(d) The UK-Australia Free Trade Agreement,
(e) the UK-New Zealand Free Trade Agreement, or
(f) any other trade treaties to which the United Kingdom is, or becomes, a signatory, including any free trade agreement with the United States of America and India.”
This new clause would prevent the Secretary of State making regulations to align with EU standards which would damage the UK’s current or future trade agreements.
NC4
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)To move the following Clause—
“Review panel
(1) The Secretary of State must establish an independent review panel (“the Panel”) no later than 2 years after the day on which this Act comes into force.
(2) The Panel must—
(a) carry out a review of all regulations under this Act corresponding to, similar to, or making references to, the requirements of relevant EU laws under section 2(7), with a view to establishing—
(i) their effect on economic growth;
(ii) their effect on trade in the product concerned on a global basis; and
(iii) their effect on the relevant industry or industries within the United Kingdom;
(b) prepare a report of the review, and
(c) lay a copy of the report before Parliament, no later than 12 months from the date of the Panel’s creation and then every 24 months.
(3) The Panel must consist of—
(a) at least one person with expertise in economics;
(b) at least one person with expertise in trade policy; and
(c) at least one person with expertise in domestic regulation of business.
(4) If either House of Parliament rejects a motion in the form set out in subsection (5), moved in accordance with subsection (6) by a Minister of the Crown, the Secretary of State must ensure that the regulations reviewed by the Panel cease to have effect not later than the end of the period of 30 days beginning with the day on which the rejection takes place.
(5) The form of the motion is—
(6) So far as practicable, the Secretary of State must make arrangements for the motion to be debated and voted on by both Houses of Parliament within a period of 14 sitting days beginning immediately after the report mentioned in subsection (2)(b) is laid before Parliament.”
This new clause would ensure a review and report to Parliament of any regulations aligning the UK with EU laws, and for that review to be approved by both Houses for the relevant regulations to remain in force.
NC5
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)To move the following Clause—
“GB Implementation of product regulation or metrology law subject to Stormont brake
If members of the Northern Ireland Assembly have initiated the procedure under regulation 11 of the Windsor Framework (Democratic Scrutiny) Regulations 2024 in relation to an EU law affecting product regulation or metrology, the Secretary of State must not take any steps to implement that law in Great Britain until the Secretary of State has taken a decision under Part 3 of the Windsor Framework (Democratic Scrutiny) Regulations 2024.”
NC6
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)To move the following Clause—
“Support and Guidance for Small and Medium-Sized Enterprises
(1) The Secretary of State must produce and maintain guidance for small and medium-sized enterprises on how to comply with any provisions made by regulations under this Act.
(2) The guidance must include—
(a) a summary of the key provisions of the Act relevant to SMEs;
(b) practical advice on compliance requirements;
(c) information on any available financial, technical, or advisory support; and
(d) contact details for further enquiries or assistance.
(3) The first version of the guidance must be published on the day this Act is passed.
(4) Each time regulations are made under this Act, a revised version of the guidance must be published on the day the regulations are made.”
This new clause would ensure that guidance and support for SMEs on the impact of the Bill should be available when the Act is passed.
18
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 2, page 2, line 29, leave out paragraph (a)
NC7
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)To move the following Clause—
“Review of Access to Testing and Certification for SMEs
(1) The Secretary of State must undertake a review into the accessibility and affordability of independent product testing and certification, as far as it relates to requirements imposed by or under this Act, for small and medium-sized enterprises (SMEs).
(2) The review must consider—
(a) the costs incurred by SMEs in meeting relevant testing and certification requirements;
(b) the availability and capacity of accredited testing providers serving SMEs;
(c) any barriers to market access arising from testing and certification obligations; and
(d) potential non-financial measures to support SMEs in meeting compliance requirements.
(3) The Minister must publish a report on the findings of the review, including any recommendations, within 12 months of the commencement of this section.”
This new clause would require the Government to undertake a review into the accessibility and affordability of independent product testing and certification for small and medium-sized enterprises (SMEs) in relation to the requirements of this Act.
19
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 2, page 2, line 30, leave out paragraph (b)
NC8
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)To move the following Clause—
“Liability and redress for unsafe or defective products
The Secretary of State may by regulations make provision for—
(a) the extension of liability for unsafe or defective products to online marketplaces and any other persons within the scope of section 2(3);
(b) the disclosure of evidence in relation to claims for compensation or other rights of action in law for harm caused by unsafe or defective products and presumptions of liability that may arise accordingly;
(c) proceedings, including collective proceedings, to ensure redress for consumers or other individuals suffering harm as a result of unsafe or defective products made available in breach of requirements imposed under powers given by this Act.”
This new clause allows the Secretary of State to make regulations providing for liability of online marketplaces for defective and unsafe products, and to ensure that those suffering harm from unsafe or defective products can obtain redress.
NC9
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)To move the following Clause—
“Alignment with EU law
(1) Where equivalent or similar EU law exists in relation to relevant product regulations, the Secretary of State must, when making provision under section 1, update Parliament on whether the Government proposes to vary the regulations from alignment with EU law.
(2) If the Secretary of State believes divergence from relevant EU law to be in the interests of the United Kingdom, they must arrange for a statement to be made in Parliament on the benefits to United Kingdom business to be achieved by this divergence, at least fourteen days before the relevant regulations are laid before Parliament.
(3) If the Secretary of State believes alignment with the relevant EU law to be in the interests of the United Kingdom, they must arrange for a statement to be made in Parliament on the benefits to United Kingdom business to be achieved by this alignment, at least fourteen days before the relevant regulations are laid before Parliament.
(4) The statement under subsection (2) or (3) must include the date by which any such regulations will be reviewed, which can be no later than 36 months after implementation.”
This new clause provides greater regulatory certainty for UK businesses by requiring scrutiny of all decisions to diverge or align with EU regulations and a process for Parliamentary scrutiny and review, whether Ministers determine that divergence or alignment from such regulations would be in the best interests of the UK.
NC10
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)To move the following Clause—
“Inclusion of lithium-ion batteries as a priority product category
(1) The Secretary of State must, within three months of the passing of this Act, make regulations under this Act to include lithium-ion batteries as a specified product category subject to relevant safety, performance, labelling, environmental, and end-of-life requirements.
(2) Regulations made under subsection (1) must include—
(a) provisions for minimum safety and performance standards for lithium-ion batteries placed on the UK market;
(b) requirements for clear labelling, including information on capacity, cycle life, and safe handling;
(c) obligations for manufacturers and importers relating to fire safety, product recalls, and end-of-life disposal or recycling;
(d) powers for market surveillance authorities to take enforcement action in relation to non-compliant lithium-ion batteries.
(3) In this section, a "lithium-ion battery" means any rechargeable battery containing lithium compounds as a primary component of the electrochemical cell.
(4) Before making regulations under this section, the Secretary of State must consult the following stakeholders—
(a) representatives of the battery industry,
(b) environmental groups,
(c) consumer safety organisations,
(d) fire services, and
(e) any other person whom the Secretary of State considers to be relevant.”
This new clause would ensure that Lithium-ion batteries are included in the Bill.
NC11
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)To move the following Clause—
“Duties of online marketplaces
(1) Without prejudice to the generality of any other powers or duties conferred by this Act, the Secretary of State must by regulations make provision about requirements that must be met by a person mentioned in section 2(3)(e), including regarding duties—
(a) to operate an online marketplace using effective systems and processes designed to monitor for, and identify, products presenting risks to consumers or other individuals and prevent such products being made available on or through the online marketplace;
(b) to cooperate with relevant authorities, with other persons mentioned in subsection 2(3) or any other relevant persons, to facilitate any action taken to eliminate or, if that is not possible, to mitigate the risks presented by a product that is or was made available on or through their online marketplace;
(c) to ensure that information regarding the identity and activities of persons marketing products on or through online marketplaces to consumers or other individuals is obtained and verified;
(d) to remove products presenting risks to consumers or other individuals from availability on or through an online marketplace as quickly as possible if alerted to their presence or becomes aware of it in any other way.
(2) Within 3 months from the day on which this Act is passed, the Secretary of State must publish and lay before Parliament a statement that sets out how the Secretary of State is exercising, or expects to exercise, the powers under subsection (1) regarding the proposed duties that must be met by a person mentioned in section 2(3)(e).”
This new clause provides a list of duties that must be imposed upon online marketplaces by regulations, and for a statement by the Secretary of State to be made to Parliament within 3 months of Royal Assent regarding the exercise of the duties conferred by this section.
NC12
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)To move the following Clause—
“Product recall
(1) The Secretary of State must, within six months of the passing of this Act, make regulations on product recall processes.
(2) The regulations must include provision to ensure—
(a) the creation and maintenance of a publicly accessible, government-hosted online database of all active product recalls affecting the UK market;
(b) clear obligations on manufacturers, importers, and distributors to notify the appropriate enforcement authority and upload recall notices to the database promptly upon identification of a safety risk;
(c) that recall notices include details of the affected product, risks identified, corrective action to be taken, and information on how consumers can claim a refund, replacement, or repair; and
(d) minimum standards for direct communication to affected consumers, including by email, SMS, or postal notice where reasonably practicable.
(3) The regulations must establish consumer rights entitling individuals to—
(a) a full refund, suitable replacement, or repair of a recalled product within a reasonable timeframe;
(b) access to support and guidance through the recall process, including where a product is no longer in production.
(4) The Secretary of State must consult with consumer protection organisations, trading standards bodies, manufacturers, and other relevant stakeholders before making regulations under this section.”
This new clause would ensure that a centralised Product Recall Mechanism is established to protect consumers.
NC13
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)To move the following Clause—
“Trading Standards Enforcement Review
(1) The Secretary of State must, within one year of the day on which this Act is passed, lay before Parliament a review of the funding and capabilities of local weights and measures authorities to carry out in an effective way their enforcement responsibilities under the regulatory framework provided by this Act and other trading standards and consumer protection laws.
(2) In conducting the review under subsection (1), the Secretary of State must consult regulators and other persons likely to be affected by the review, including such representatives of consumer and business organisations as they consider appropriate.”
This new clause provides for the Secretary of State to carry out a review of the effectiveness of Trading Standards enforcement activities, to consult appropriate bodies and stakeholders and, in the interests of transparency and proper scrutiny, to lay the review before Parliament.
14
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 1, page 1, line 3, leave out subsection (1)
This amendment seeks to remove the broad powers granted to the Secretary of State under product regulations, when defining and regulating risks and determining what constitutes efficient or effective product operation.
3
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 1, page 1, line 9, leave out subsection (2)
This amendment removes the Secretary of State’s ability to make regulations about the marketing or use of products in the United Kingdom which corresponds, or is similar to, a provision of relevant EU law for the purpose of reducing or mitigating the environmental impact of products.
15
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 1, page 1, line 9, leave out “also”
This amendment is consequential on Amendment 14.
16
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 1, page 1, line 13, leave out “(1) or”
This amendment is consequential on Amendment 14.
38
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)Clause 1, page 1, line 14, at end insert—
“(3A) Further, the Secretary of State may only make regulations under subsections (1) or (2) if satisfied that making the regulations will not result in reducing the necessary levels of consumer protection and regulatory standards in relation to products, with reference where applicable to equivalent product regulations or standards in force at the time.”
This amendment inserts safeguards to help ensure non-regression from existing legal protections to help ensure greater certainty and a level playing field. It addresses the omission on the face of the Bill of the current legal requirement that products placed on the market must in principle be safe.
17
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 1, page 1, line 21, at end insert—
“(4A) The Secretary of State must also by regulations make provision aimed at promoting investment, fostering innovation, and encouraging economic growth in relation to the marketing or use of products in the United Kingdom.
(4B) Regulations under subsection (4A) must support—
(a) the creation of economic incentives for businesses that contribute to economic growth, and
(b) the alignment of product regulations with the strategic aim of positioning the United Kingdom as a global leader in innovation.”
This amendment ensures that the regulations in the Bill prioritise economic growth and the United Kingdom’s role in innovation and economic expansion.
36
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)Clause 2, page 3, line 6, at end insert—
“(2A) Product regulations must include requirements in relation to an environmental impact assessment, and provisions related to the right to repair and the circular economy.”
This amendment guarantees that future regulations under the Act will include provisions which relate to the circular economy and granting consumers the right to repair products.
34
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)Clause 2, page 3, line 21, at end insert—
“(fa) a person involved on behalf of a person mentioned in paragraphs (a) to (f), in product marketing or the use of products, including storage, transportation, packaging, labelling or disposal;”
This amendment closes a potential loophole in the Secretary of State’s powers to ensure that, whatever their legal status or location, all relevant organisations in the supply chain, including fulfilment houses, can be held accountable by regulations to protect consumers from non-compliant goods.
4
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 2, page 3, line 39, leave out subsections (7) and (8)
This amendment removes the ability for product regulations to provide that product requirements are met if the requirements of relevant EU law are met.
20
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 2, page 3, line 41, leave out “EU” and insert “foreign”
6
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 2, page 4, line 2, at end insert—
“(7A) Any regulations under subsection (7) which specify a relevant foreign law must specify that the foreign law referred to is that which is in application on a particular date, which must be specified.”
This amendment prevents the Bill enabling ambulatory references or dynamic alignment to relevant foreign laws, and only enables alignment with laws as they stand on a particular defined date.
33
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 9, page 9, line 8, leave out subsection (3)
This amendment prevents the repeal of provisions made by the Weights and Measures Act 1985.
21
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 2, page 4, line 2, at end insert—
“(7A) Notwithstanding the provisions of subsection (7)(a), a product requirement of relevant EU law must not be treated as met unless regulations are made by the Secretary of State to incorporate them into United Kingdom law.”
22
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 2, page 4, line 5, at end insert—
“(8A) Before making provision described in subsection (7), the Secretary of State must make an explanatory statement if the provision relates to relevant foreign law of only one of the markets listed in the definition of “relevant foreign law” in section 1(5).”
32
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 9, page 9, line 37, leave out subsection (1)
This amendment prevents the repeal of provisions made by Parts 2, 4 and 5 of the Consumer Protection Act 1987.
5
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 2, page 4, line 6, at end insert—
“(10) The provision described in subsection (7) may only be made if—
(a) a Minister of the Crown has laid before each House of Parliament a statement explaining the necessity of aligning with relevant EU law, and
(b) the updated provision had been approved by a resolution of the House of Commons on a motion moved by a Minister of the Crown.”
This amendment would require the Secretary of State to make a statement to Parliament when aligning with EU law, and for Parliament to approve that provision before aligning with EU law.
7
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 2, page 4, line 6, at end insert—
“(10) The final meaning or interpretation of any provision of relevant EU law under this Act must be made exclusively by the Secretary of State or by a court or tribunal of the United Kingdom, as appropriate, and may not be delegated or conceded to any other authority within or outside the United Kingdom.
(11) The enforcement of any provision of relevant EU law under this Act must be undertaken exclusively by the authorities of the United Kingdom Government and may not be delegated or conceded to any other authority within or outside the United Kingdom.”
This amendment would prevent the interpretation or enforcement of any regulations referring to EU law from being undertaken by any authorities other than those based in the UK (for example the European Commission or CJEU).
23
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 3, page 4, line 8, leave out subsection (1)
24
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 3, page 4, line 11, leave out subsection (3)
25
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 3, page 4, line 17, leave out subsection (4)
26
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 3, page 5, line 16, leave out subsections (9) to (11)
27
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 5, page 6, line 8, leave out subsection (2)
This amendment removes the powers granted to the Secretary of State under metrology regulations regarding quantities and units of measurement in marketing goods.
28
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 6, page 6, line 36, leave out subsection (1)
29
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 6, page 7, line 24, leave out subsection (6)
30
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 6, page 7, line 27, leave out subsection (7)
31
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 6, page 7, line 42, leave out subsection (9)
10
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 10, page 10, line 24, leave out subsection (2)
This amendment would prevent regulations under this Act from amending provisions made by primary legislation.
11
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 10, page 10, line 29, leave out subsection (4)
See explanatory statement for Amendment 10.
37
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)Clause 11, page 10, line 38, at end insert—
““circular economy” means that products are manufactured to minimise waste and maximise the use, reuse, and recyclability of products;”
This amendment clarifies the meaning of circular economy and is consequential on Amendment 36.
8
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 12, page 12, line 6, leave out from “Act” to “may” in line 7
This amendment would make all regulations under this act subject to affirmative resolution of both Houses of Parliament.
9
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 12, page 12, line 10, leave out subsections (4) and (5)
This amendment is consequential on Amendment 8.
35
Clive Jones (LD) - Liberal Democrat Spokesperson (Trade)Clause 12, page 12, line 21, at end insert—
“(i) provision described in section [Product recall].”
12
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 12, page 12, line 26, at end insert—
“(6A) Regulations under this Act may not amend or repeal provision made by or under an Act passed—
(a) before this Act, or
(b) later in the same session of Parliament as this Act. ”
See explanatory statement for Amendment 10.
13
Harriett Baldwin (Con) - Shadow Minister (Business and Trade)Clause 12, page 12, line 26, at end insert—
“(6A) Regulations that amend or replace primary legislation must be subject to the affirmative resolution procedure.
(6B) Before making any regulations under this section, the Secretary of State must—
(a) conduct a consultation for a period of no less than six weeks;
(b) Publish a statement outlining the purpose and necessity of the proposed regulations, the expected impact on businesses, consumers, and enforcement bodies, and the outcome of the consultation.
(6C) Within six months of any regulations made under this section which amend or repeal primary legislation, the Secretary of State must publish a review of the effect of that regulation and lay it before Parliament.”
This amendment requires that any regulations made under the Act that amend or replace primary legislation be subject to the affirmative resolution procedure.
NC1
Justin Madders (Lab)To move the following Clause- "Regulations making provision within devolved competence (1) The Secretary of State may only make regulations under section 1 which contain provision within Scottish devolved competence with the consent of the Scottish Ministers, unless the provision is merely incidental to, or consequential on, provision outside Scottish devolved competence. (2) The Secretary of State may only make regulations under section 1 which contain provision within Welsh devolved competence with the consent of the Welsh Ministers, unless the provision is merely incidental to, or consequential on, provision outside Welsh devolved competence."
NC1
Justin Madders (Lab)To move the following Clause—
“Regulations making provision within devolved competence
(1) The Secretary of State may only make regulations under section 1 which contain provision within Scottish devolved competence with the consent of the Scottish Ministers, unless the provision is merely incidental to, or consequential on, provision outside Scottish devolved competence.
(2) The Secretary of State may only make regulations under section 1 which contain provision within Welsh devolved competence with the consent of the Welsh Ministers, unless the provision is merely incidental to, or consequential on, provision outside Welsh devolved competence.
(3) The Secretary of State may only make regulations under section 1 or 5(2) which contain provision within Northern Ireland devolved competence with the consent of the relevant Northern Ireland department, unless the provision is merely incidental to, or consequential on, provision outside Northern Ireland devolved competence.
(4) In subsection (3), the “relevant Northern Ireland department” is such Northern Ireland department as the Secretary of State considers appropriate having regard to the provision which is to be contained in the regulations concerned.
(5) For the purposes of this section, provision is—
(a) within Scottish devolved competence if it would be within the legislative competence of the Scottish Parliament if it were contained in an Act of that Parliament;
(b) within Welsh devolved competence if it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd (including any provision that could be made only with the consent of a Minister of the Crown);
(c) within Northern Ireland devolved competence if the provision—
(i) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and
(ii) would not, if it were contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
(6) In Schedule 7B to the Government of Wales Act 2006 (general restrictions on legislative competence of Senedd Cymru), in paragraph 9(8)(b) (exceptions to restrictions relating to reserved authorities)—
(a) omit the “or” at the end of paragraph (viii);
(b) at the end of paragraph (ix) insert “; or
(x) the Product Regulation and Metrology Act 2025.”
(7) In this section “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975.”
This new clause requires the Secretary of State, before making regulations that contain provision within devolved competence, to obtain the consent of the relevant devolved government.
1
Justin Madders (Lab)Clause 12, page 12, line 20, leave out “7 to 10” and insert “7, 8 and 10”
This amendment corrects a cross-referencing error.
2
Justin Madders (Lab)Clause 15, page 12, line 37, leave out subsection (2)
This amendment would remove the privilege amendment inserted by the Lords.
38ZA
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Leave out from “to” to end and insert “amend or repeal section 8(2)(d) of, or Part IV of Schedule 1 to, the Weights and Measures Act 1985.”
38A
Lord Fox (LD) - Liberal Democrat Lords Spokesperson (Business)Clause 5, page 6, line 8, at end insert—
“(3A) The Secretary of State may not make regulations under this section to prevent or restrict the use of the pint in the marketing of—
(a) draught beer or cider, or
(b) milk in returnable containers.”
This amendment would clarify that regulations under Clause 5 could not prevent or restrict the use of the pint in the marketing of draught beer or cider or milk in returnable containers.
38B
Lord Fox (LD) - Liberal Democrat Lords Spokesperson (Business)Clause 5, page 6, line 10, at end insert—
“a
“pint” is equal to 0.56826125 cubic decimetres;”
This amendment would provide a definition of a pint.
43A
Baroness Lawlor (Con)After Clause 8, insert the following new Clause—
“Report: scientific evidence
(1) When making regulations under this Act, the Secretary of State must publish a report indicating whether the regulation is supported by any scientific evidence.
(2) The Secretary of State must lay the report published under subsection (1) before both Houses of Parliament.”
27A
Baroness Bennett of Manor Castle (Green)After Clause 2, insert the following new Clause—
“Regulations on deforestation-free products
Within three months of the day on which this Act is passed, the Secretary of State must make regulations under section 1(2) which correspond to Regulation (EU) 2023/1115 on deforestation-free products.”
1
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Before Clause 1, insert the following new Clause—
“Purpose
(1) The purpose of this Act is to improve the regulation of products and metrology.
(2) The Secretary of State must, in taking any actions under this Act, advance that purpose while prioritising the maintenance of the United Kingdom’s regulatory autonomy.
(3) Accordingly, and so far as it is possible to do so, provision made by virtue of this Act must be read and given effect so as to achieve the purpose mentioned in subsection (1) to the extent that it is consistent with the maintenance of the United Kingdom’s regulatory autonomy.
(4) When taking action to improve regulation under this Act, the Secretary of State must have regard to maintaining the highest quality regulatory framework.”
2
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 1, page 1, line 3, leave out subsection (1)
10
Lord Holmes of Richmond (Con)Clause 1, page 2, line 6, at end insert “, and includes production reliant on software or artificial intelligence.”
27
Lord Holmes of Richmond (Con)After Clause 2, insert the following new Clause—
“AI-product regulations
On the day on which this Act is passed, the Secretary of State must commence a review of all product regulations to assess their ability to address opportunities and challenges presented by all forms of artificial intelligence.”
28
Lord Lansley (Con)After Clause 3, insert the following new Clause—
“Liability and redress for unsafe or defective products
The Secretary of State may by regulations make provision for—
(a) the extension of liability for unsafe or defective products to online marketplaces and any other persons within the scope of section 2(3);
(b) the disclosure of evidence in relation to claims for compensation or other rights of action in law for harm caused by unsafe or defective products and presumptions of liability that may arise accordingly;
(c) proceedings, including collective proceedings, to ensure redress for consumers or other individuals suffering harm as a result of unsafe or defective products made available in breach of requirements imposed under powers given by this Act.”
This amendment allows the Secretary of State to make regulations providing for liability of online marketplaces for defective and unsafe products, and to ensure that those suffering harm from unsafe or defective products can obtain redress.
34
Lord Holmes of Richmond (Con)After Clause 4, insert the following new Clause—
“Product labelling and AI
(1) The Secretary of State must lay before Parliament a statutory instrument containing regulations requiring the labelling of products manufactured by, or containing, artificial intelligence (AI) within six months of the day on which this Act is passed.
(2) The labelling must include—
(a) health warnings;
(b) opportunities to give or withhold informed consent;
(c) a quick-response (QR) code, which links to a website listing—
(i) the data used in the training of the AI, and
(ii) the power and water consumption used in the development of the AI as it relates to the product.
(3) Regulations made under subsection (1) must ensure that all such products are labelled within 12 months of the day on which this Act is passed.”
35
Lord Holmes of Richmond (Con)After Clause 4, insert the following new Clause—
“Labelling of AI-generated music
From the day on which this Act is passed, all music generated by artificial intelligence (AI) applications must be identified as such to alert consumers to the nature of the music.”
36
Lord Holmes of Richmond (Con)After Clause 4, insert the following new Clause—
“Labelling of AI-generated content
After section 36(1) of the Consumer Rights Act 2015, insert—
“(1A) Subsection (1) specifically includes the labelling of digital content generated by artificial intelligence.””
37
Lord Holmes of Richmond (Con)After Clause 4, insert the following new Clause—
“Inclusive by design principle for products
(1) On the day on which this Act is passed, the Secretary of State must commence a consultation to develop an inclusive by design (IBD) standard for all products developed or marketed in the United Kingdom, to be implemented within 12 months of the day on which this Act is passed.
(2) The standard must include a mark on all products, physically or electronically, to demonstrate compliance with the IBD standard.
(3) Any product development or update to a product must comply with the IBD standard.
(4) The Secretary of State must ensure by regulations that any update to a product which renders an existing accessible product inaccessible immediately triggers an investigation and potential sanctions as determined by regulations.”
40
Lord Holmes of Richmond (Con)After Clause 6, insert the following new Clause—
“Consultation on metrology regulations in relation to AI search functions
(1) On the day on which this Act is passed, the Secretary of State must launch a consultation on a metrology standard for artificial intelligence search functions.
(2) The consultation must consider developing units of measurement for—
(a) power per search query,
(b) water per search query, and
(c) computer power per search query.”
41
Lord Holmes of Richmond (Con)After Clause 6, insert the following new Clause—
“Consultation on metrology regulations
(1) On the day on which this Act is passed, the Secretary of State must launch a consultation on a new metrology standard for the power usage of data centres.
(2) The consultation must seek views on the effectiveness of the current power usage efficiency measure.”
48
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 9, page 9, line 33, at end insert—
“(5) Regulations made under this section that amend or replace primary legislation must be subject to the affirmative resolution procedure.
(6) Before making any regulations under this section, the Secretary of State must—
(a) conduct a consultation for a period of no less than six weeks;
(b) publish a statement outlining the purpose and necessity of the proposed regulations, the expected impact on businesses, consumers, and enforcement bodies, and the outcome of the consultation.
(7) Within six months of any regulations made under this section which amend or repeal primary legislation, the Secretary of State must publish a review of the effect of that regulation and lay it before Parliament.”
This amendment requires that any regulations made under Clause 9 that amend or replace primary legislation be subject to the affirmative resolution procedure.
57
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 11, page 11, line 10, at end insert—
“(za) provision described in section 2(2)(d);
(zb) provision described in section 2(3)(d);
(zc) provision described in section 2(3)(h);”
This amendment ensures that all provision described in sections 2(2)(d), 2(3)(d), and 2(3)(h) contained in product regulations is subject to the affirmative resolution procedure, rather than shifting to the negative procedure after the first instance.
58
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 11, page 11, line 15, at end insert—
“(f) any provisions which have the effect of altering or expanding the scope of any existing regulatory framework.”
This amendment seeks to ensure that any regulation made under the Act cannot alter or expand the scope of an existing regulatory framework unless it is subject to full affirmative procedure in both Houses of Parliament.
66
Baroness Bennett of Manor Castle (Green)Schedule, page 12, line 3, leave out paragraphs 1 to 3
9
Lord Fox (LD) - Liberal Democrat Lords Spokesperson (Business)Clause 1, page 1, line 21, at end insert—
“(4A) The Secretary of State must publish a statement setting out how they expect to identify and assess risks presented by products for the purposes of this section.
(4B) A statement published under subsection (4A) may be amended or replaced from time to time.”
This amendment requires the Secretary of State to publish a statement setting out how the Secretary of State expects to identify and assess product risks.
Clause 2, page 3, line 26, at end insert- "(d) the identification of and availability, including licensing, of patents voluntarily declared as essential to a technical standard."
7
Lord Foster of Bath (LD)Clause 1, page 1, line 12, at end insert—
“(2A) The Secretary of State may also by regulation make provision in relation to the marketing or use of certain products, or categories or groups of product, that present a high risk (known or emerging) to consumer health and safety, for the purpose of reducing or mitigating the risk presented by products.
(2B) A product regulated under subsection (2A) is a “high risk product” for the purposes of the Act and may be referred to as such in regulations.
(2C) Regulations made under subsection (2A) apply to products where—
(a) there is a presumption of serious risk under the Product Safety Risk Assessment Methodology, or
(b) it can be reasonably foreseen that a product would be categorised as either high or serious risk if assessed under the Product Safety Risk Assessment Methodology.
(2D) Regulations made under subsection (2A) must have regard to—
(a) risk analysis conducted according to the Product Safety Risk Assessment Methodology,
(b) information from the UK Product Safety Database,
(c) relevant indicators or evidence from accident or incident data,
(d) consultation with expert product safety groups, or
(e) other criteria determined as necessary by the Secretary of State.
(2E) A product regulated under subsection (2A) which is intended for the UK market must be assessed by a UK Market Conformity Assessment Body and be CE or UKCA marked.”
This amendment aims to enhance consumer protection and safety by simplifying the identification of high risk products and enable the Secretary of State to, by regulation, establish additional safety requirements for products that are deemed to be high risk.
26
Baroness Bennett of Manor Castle (Green)After Clause 2, insert the following new Clause—
“Period product safety: regulations and requirements
(1) Within one year of the day on which this Act is passed, the Secretary of State must, by regulations under section 1, make provision to reduce risks as defined in section 1(4) presented by period products, including those for single use and for re-use.
(2) For the purposes of this section, period products consist of items intended to collect menstrual blood.
(3) Within one year of the day on which this Act is passed, the Secretary of State must also make provision about period products requirements by regulations under section 2.
(4) Regulations in accordance with subsection (3) must set out product requirements for the production, use, marking, marketing, testing, approval and provision of information (including information about risk) of period products.”
This amendment intends to bring in regulation of period products, given the human and environmental health risks they represent.
33
Baroness Bennett of Manor Castle (Green)After Clause 4, insert the following new Clause—
“Review of the health impacts of products
(1) The Secretary of State must commission a review of the combined impacts of products being sold in the UK on public and environmental health, with particular reference to—
(a) plastics (materials made from petrochemicals or other materials), including artificial fabrics, particularly the health and environmental impacts of microplastics, the impact of plastics on prevalence of endocrine-disrupting chemicals and antimicrobial resistance;
(b) novel chemicals (those not naturally occurring in nature or not generally encountered except through products), including but not limited to per- and poly-fluoroalkyl substances, heavy metals, pesticides, fabric treatments, and fragrances.
(2) The Secretary of State must lay a copy of the report before Parliament within six months of the day on which this Act is passed.”
People and environments in the UK are being exposed to an increasing mix and volume of potentially harmful substances, each of which is generally considered by regulators in isolation. This review will equip the government to consider the environmental and public health impacts.
8
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 1, page 1, line 12, at end insert—
“(2A) The Secretary of State may not make regulations under subsection (2) that will disadvantage the United Kingdom or its trade under—
(a) the Comprehensive and Progressive Agreement for Trans-Pacific Partnership,
(b) the Japan Economic Comprehensive Partnership Agreement,
(c) the UK-Canada Trade Continuity Agreement,
(d) the UK-Australia Free Trade Agreement,
(e) the UK-New Zealand Free Trade Agreement, or
(f) any other trade treaties to which the United Kingdom is a signatory, including any free trade agreement with the United States of America.”
43
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)After Clause 8, insert the following new Clause—
“Regulations relating to artificial intelligence
(1) When making regulations under this Act which relate to artificial intelligence, the Secretary of State must do so in a way which—
(a) encourages innovation and competitiveness,
(b) prevents undue regulatory burdens on United Kingdom businesses, and
(c) does not result in undue reliance on foreign actors which pose an economic or security risks to the United Kingdom.
(2) In determining how a regulation would affect the United Kingdom’s innovation and competitiveness, the Secretary of State must take evidence from the artificial intelligence sector, including, but not limited to, representatives from United Kingdom-based small and medium sized enterprises, to consider the regulation’s—
(a) potential for increased compliance costs for United Kingdom businesses,
(b) impact on innovation, investment, and research and development in the United Kingdom’s artificial intelligence sector,
(c) risk of putting United Kingdom businesses at a disadvantage compared to international competitors, and
(d) potential for strategic dependencies on artificial intelligence infrastructure, data sources, or supply chains controlled by adversarial foreign entities.”
64
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 13, page 11, leave out line 22 and insert—
“(1) This section comes into force on the day on which this Act is passed.
(2) All other sections of this Act come into force on the day on which the Secretary of State publishes a report assessing the impact of this Act on economic growth.
(3) The report under subsection (2) must be laid before both Houses of Parliament.”
Clause 1, page 1, line 4, at end insert - "(za) securing that products to which this section applies are safe;"
Clause 1, page 1, line 12, at end insert- "(2A) The Secretary of State may also by regulation make provision in relation to the marketing or use of certain products, or categories or groups of product, that present a high risk (known or emerging) to consumer health and safety, for the purpose of reducing or mitigating the risk presented by products. (2B) A product regulated under subsection (2A) is a “high risk product” for the purposes of the Act and may be referred to as such in regulations. (2C) Regulations made under subsection (2A) apply to products where- (a) there is a presumption of serious risk under the Product Safety Risk Assessment Methodology, or (b) it can be reasonably foreseen that a product would be categorised as either high or serious risk if assessed under the Product Safety Risk Assessment Methodology. (2D) Regulations made under subsection (2A) must have regard to - (a) risk analysis conducted according to the Product Safety Risk Assessment Methodology, (b) information from the UK Product Safety Database, (c) relevant indicators or evidence from accident or incident data, (d) consultation with expert product safety groups, or (e) other criteria determined as necessary by the Secretary of State. (2E) A product regulated under subsection (2A) which is intended for the UK market must be assessed by a UK Market Conformity Assessment Body and be CE or UKCA marked."
Clause 1, page 2, leave out lines 7 to 13 and insert – ““relevant foreign law” means law of one or more of the United States of America, Canada, Japan, the European Union, Switzerland, Australia, or New Zealand relating to standards, the marketing, or use of products in those markets, which are in force on a specific date and only that date, as specified in regulations;”
Clause 2, page 3, line 26, at end insert- "(d) the identification of and availability, including licensing, of patents voluntarily declared as essential to a technical standard."
Clause 2, page 3, line 32, leave out subsections (7) and (8)
Clause 2, page 3, line 34, leave out “EU” and insert “foreign"
After Clause 2, insert the following new Clause- "Period product safety: regulations and requirements (1) Within one year of the day on which this Act is passed, the Secretary of State must, by regulations under section 1, make provision to reduce risks as defined in section 1(4) presented by period products, including those for single use and for re-use. (2) For the purposes of this section, period products consist of items intended to collect menstrual blood. (3) Within one year of the day on which this Act is passed, the Secretary of State must also make provision about period products requirements by regulations under section 2. (4) Regulations in accordance with subsection (3) must set out product requirements for the production, use, marking, marketing, testing, approval and provision of information (including information about risk) of period products.”
Clause 9, page 9, line 26, at end insert- "(c) the Patents Act 1977."
15
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 2, page 2, line 43, leave out paragraph (k)
16
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 2, page 3, line 1, leave out subsection (3)
5
Lord Frost (Non-affiliated)Clause 1, page 1, line 9, leave out subsection (2)
This amendment removes from the Bill the broadly-drawn power to align with EU environmental regulation.
22
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 2, page 3, line 38, leave out subsection (8)
6
Lord Frost (Non-affiliated)Clause 1, page 1, line 11, leave out “EU” and insert “foreign”
29
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 4, page 5, line 30, at end insert—
“(3) The Secretary of State must lay before both Houses of Parliament a comprehensive framework outlining the conditions and procedures for the use of emergency powers under this section.
(4) Product regulations providing for emergency disapplication or modification may not be made until this framework has been laid before Parliament and approved by a resolution of both Houses.”
This amendment requires the Secretary of State to present a framework to Parliament defining the use of emergency powers.
30
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 4, page 5, line 30, at end insert—
“(3) Any disapplication or modification under subsection (1) is only valid for an initial period of three months.
(4) The Secretary of State may extend the disapplication or modification beyond three months only after conducting a comprehensive review detailing—
(a) the justification for the continued need,
(b) an assessment of the impact, and
(c) consultation undertaken with relevant stakeholders
(5) The comprehensive review conducted under subsection (4) must be published and laid before both Houses of Parliament within 14 days of the decision to extend the disapplication or modification.”
This amendment limits the duration of emergency modifications to three months and requires a review to for any extension, ensuring transparency and stakeholder consultation.
38
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 5, page 6, line 8, at end insert—
“(3A) The Secretary of State may not use any powers under this Act to remove or disapply the use of the pint as a unit of measurement for alcoholic beverages sold or marketed in the United Kingdom.”
This amendment ensures that the pint remains an accepted unit of measurement for alcoholic beverages.
49
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 10, page 10, line 19, leave out from “a” to end of line 25 and insert “digital platform or website where third-party sellers offer goods or services, or both, directly to consumers, which facilitates transactions between buyers and sellers, but typically does not own the inventory sold;”
This amendment clarifies the definition of "online marketplace" by specifying that it refers to a digital platform or website where third-party sellers offer goods and/or services directly to consumers. It further clarifies that the marketplace facilitates transactions between buyers and sellers but typically does not own the inventory sold.
53
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 10, page 10, line 34, leave out subsection (2)
60
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 11, page 11, line 15, at end insert—
“(4A) Regulations made under sections (1), (2) or (5) must be subject to a consultation of not less than six weeks with relevant stakeholders, including but not limited to UK small and medium-sized enterprises, and may not be made unless a draft of the instrument containing them has been laid before, and approved by, a resolution of each House of Parliament.”
This amendment would require that regulations made under sections (1), (2), or (5) of the Act related to product and metrology must undergo a consultation process of at least six weeks.
Clause 1, page 1, line 9, leave out subsection (2)
Clause 1, page 1, line 12, at end insert- "(2A) The Secretary of State may also by regulation make provision in relation to the marketing or use of certain products, or categories or groups of product, that present a high risk (known or emerging) to consumer health and safety, for the purpose of reducing or mitigating the risk presented by products. (2B) A product regulated under subsection (2A) is a “high risk product” for the purposes of the Act and may be referred to as such in regulations. (2C) Regulations made under subsection (2A) apply to products where- (a) there is a presumption of serious risk under the Product Safety Risk Assessment Methodology, or (b) it can be reasonably foreseen that a product would be categorised as either high or serious risk if assessed under the Product Safety Risk Assessment Methodology. (2D) Regulations made under subsection (2A) must have regard to - (a) risk analysis conducted according to the Product Safety Risk Assessment Methodology, (b) information from the UK Product Safety Database, (c) relevant indicators or evidence from accident or incident data, (d) consultation with expert product safety groups, or (e) other criteria determined as necessary by the Secretary of State. (2E) A product regulated under subsection (2A) which is intended for the UK market must be assessed by a UK Market Conformity Assessment Body and be CE or UKCA marked."
Clause 2, page 3, line 26, at end insert — "(d) the identification of and availability, including licensing, of patents voluntarily declared as essential to a technical standard.”
Clause 2, page 3, line 32, leave out subsections (7) and (8)
Clause 2, page 3, line 34, leave out “EU” and insert “foreign"
Clause 9, page 9, line 26, at end insert- "(c) the Patents Act 1977."
21
Baroness Lawlor (Con)Clause 2, page 3, line 37, at end insert—
“(7A) Any regulations under subsection (7) which specify a relevant foreign law must specify that the foreign law referred to is that which is in application on a particular date, which must be specified.”
This prevents the Bill enabling ambulatory references or dynamic alignment to relevant foreign laws, but only to laws as they stand on a particular and defined date.
54
Baroness Lawlor (Con)Clause 11, page 11, line 7, after “(4)” insert “and (4A)”
59
Baroness Lawlor (Con)Clause 11, page 11, line 15, at end insert—
“(4A) Any regulations made under section 1(1) or (2) which correspond to, are similar to, or make a reference to the requirement of relevant foreign laws under section 2(7), expire at the end of four years from the date on which they come into force.”
Clause 1, page 1, line 9, leave out subsection (2)
Clause 2, page 3, line 32, leave out subsections (7) and (8)
Clause 2, page 3, line 34, leave out “EU” and insert “foreign"
Clause 2, page 3, line 40, at end insert- "(9) In this section, a reference to “intangible" components includes software.”
Clause 2, page 3, line 40, at end insert- “(9) Before making provision described in subsection (7), the Secretary of State must make a statement in Parliament if the provision relates to relevant foreign law of only one of the markets listed in the definition of “relevant foreign law” in section 1(5)."
After Clause 4, insert the following new Clause- "Product regulations: devolved administrations (1) Product regulations under section 1 may not be made unless and until the Secretary of State has consulted the devolved administrations as to their impact and effect on the marketing and use of products in the areas within the United Kingdom over which they have legislative competence. (2) The Secretary of State may by regulations exclude the application of this Act to products to be marketed or used in areas within the United Kingdom over which the devolved administrations have legislative competence to enable effect to be given to an agreement that forms part of a common framework agreement. (3) A "common framework agreement” is a consensus between a Minister of the Crown and one or more devolved administrations as to how devolved or transferred matters previously governed by EU law are to be regulated.”
After Clause 4, insert the following new Clause- "Review Panel (1) The Secretary of State must establish an independent review panel (“the Panel") no later than 2 years after the day on which this Act comes into force. (2) The Panel must – (a) carry out a review of all regulations under this Act corresponding to, similar to, or making references to, the requirements of relevant foreign laws under section 2(7), with a view to establishing- (i) their effect on economic growth; (ii) their effect on trade in the product concerned on a global basis; (iii) their effect on the relevant industry or industries within the United Kingdom; (b) prepare a report of the review, and (c) lay a copy of the report before Parliament, no later than 12 months from the date of the Panel's creation. (3) The Panel must consist of - (a) at least one person with expertise in economics; (b) at least one person with expertise in trade policy; (c) at least one person with expertise in domestic regulation of business.”
Clause 10, page 10, line 20, at end insert “or part of a website”
Clause 11, page 11, line 10, at end insert- "(za) the first provision described in section 2(2)(d) contained in product regulations; (zb) the first provision described in section 2(3)(d) contained in product regulations; (zc) provision described in section 2(3)(h) that imposes the first product requirements on the category of person specified in that provision;”
Clause 11, page 11, line 10, at end insert- “(za) provision described in section 2(7);"
Clause 11, page 11, line 18, at end insert- "(6) Before making regulations under this Act, the Secretary of State must consult such persons as the Secretary of State considers appropriate.”
Clause 1, page 1, line 9, leave out subsection (2)
Clause 2, page 3, line 32, leave out subsections (7) and (8)
Clause 2, page 3, line 34, leave out “EU” and insert “foreign"
Clause 2, page 3, line 40, at end insert- "(9) In this section, a reference to “intangible" components includes software.”
Clause 2, page 3, line 40, at end insert- “(9) Before making provision described in subsection (7), the Secretary of State must make a statement in Parliament if the provision relates to relevant foreign law of only one of the markets listed in the definition of “relevant foreign law” in section 1(5)."
After Clause 4, insert the following new Clause- "Product regulations: devolved administrations (1) Product regulations under section 1 may not be made unless and until the Secretary of State has consulted the devolved administrations as to their impact and effect on the marketing and use of products in the areas within the United Kingdom over which they have legislative competence. (2) The Secretary of State may by regulations exclude the application of this Act to products to be marketed or used in areas within the United Kingdom over which the devolved administrations have legislative competence to enable effect to be given to an agreement that forms part of a common framework agreement. (3) A "common framework agreement” is a consensus between a Minister of the Crown and one or more devolved administrations as to how devolved or transferred matters previously governed by EU law are to be regulated.”
After Clause 4, insert the following new Clause- "Review Panel (1) The Secretary of State must establish an independent review panel (“the Panel") no later than 2 years after the day on which this Act comes into force. (2) The Panel must – (a) carry out a review of all regulations under this Act corresponding to, similar to, or making references to, the requirements of relevant foreign laws under section 2(7), with a view to establishing- (i) their effect on economic growth; (ii) their effect on trade in the product concerned on a global basis; (iii) their effect on the relevant industry or industries within the United Kingdom; (b) prepare a report of the review, and (c) lay a copy of the report before Parliament, no later than 12 months from the date of the Panel's creation. (3) The Panel must consist of - (a) at least one person with expertise in economics; (b) at least one person with expertise in trade policy; (c) at least one person with expertise in domestic regulation of business.”
Clause 10, page 10, line 20, at end insert “or part of a website”
Clause 11, page 11, line 10, at end insert- "(za) the first provision described in section 2(2)(d) contained in product regulations; (zb) the first provision described in section 2(3)(d) contained in product regulations; (zc) provision described in section 2(3)(h) that imposes the first product requirements on the category of person specified in that provision;”
Clause 11, page 11, line 10, at end insert- “(za) provision described in section 2(7);"
Clause 11, page 11, line 18, at end insert- "(6) Before making regulations under this Act, the Secretary of State must consult such persons as the Secretary of State considers appropriate.”
Clause 1, page 1, line 9, leave out subsection (2)
Clause 2, page 3, line 32, leave out subsections (7) and (8)
Clause 2, page 3, line 34, leave out “EU” and insert “foreign"
Clause 2, page 3, line 40, at end insert- "(9) In this section, a reference to “intangible" components includes software.”
Clause 2, page 3, line 40, at end insert- “(9) Before making provision described in subsection (7), the Secretary of State must make a statement in Parliament if the provision relates to relevant foreign law of only one of the markets listed in the definition of “relevant foreign law” in section 1(5)."
After Clause 4, insert the following new Clause- "Product regulations: devolved administrations (1) Product regulations under section 1 may not be made unless and until the Secretary of State has consulted the devolved administrations as to their impact and effect on the marketing and use of products in the areas within the United Kingdom over which they have legislative competence. (2) The Secretary of State may by regulations exclude the application of this Act to products to be marketed or used in areas within the United Kingdom over which the devolved administrations have legislative competence to enable effect to be given to an agreement that forms part of a common framework agreement. (3) A "common framework agreement” is a consensus between a Minister of the Crown and one or more devolved administrations as to how devolved or transferred matters previously governed by EU law are to be regulated.”
After Clause 4, insert the following new Clause- "Review Panel (1) The Secretary of State must establish an independent review panel (“the Panel") no later than 2 years after the day on which this Act comes into force. (2) The Panel must – (a) carry out a review of all regulations under this Act corresponding to, similar to, or making references to, the requirements of relevant foreign laws under section 2(7), with a view to establishing- (i) their effect on economic growth; (ii) their effect on trade in the product concerned on a global basis; (iii) their effect on the relevant industry or industries within the United Kingdom; (b) prepare a report of the review, and (c) lay a copy of the report before Parliament, no later than 12 months from the date of the Panel's creation. (3) The Panel must consist of - (a) at least one person with expertise in economics; (b) at least one person with expertise in trade policy; (c) at least one person with expertise in domestic regulation of business.”
Clause 10, page 10, line 20, at end insert “or part of a website”
Clause 11, page 11, line 10, at end insert- "(za) the first provision described in section 2(2)(d) contained in product regulations; (zb) the first provision described in section 2(3)(d) contained in product regulations; (zc) provision described in section 2(3)(h) that imposes the first product requirements on the category of person specified in that provision;”
Clause 11, page 11, line 10, at end insert- “(za) provision described in section 2(7);"
Clause 11, page 11, line 18, at end insert- "(6) Before making regulations under this Act, the Secretary of State must consult such persons as the Secretary of State considers appropriate.”
Clause 1, page 1, line 9, leave out subsection (2)
Clause 2, page 3, line 32, leave out subsections (7) and (8)
Clause 2, page 3, line 34, leave out “EU” and insert “foreign"
Clause 2, page 3, line 40, at end insert- "(9) In this section, a reference to “intangible" components includes software.”
Clause 2, page 3, line 40, at end insert- “(9) Before making provision described in subsection (7), the Secretary of State must make a statement in Parliament if the provision relates to relevant foreign law of only one of the markets listed in the definition of “relevant foreign law” in section 1(5)."
After Clause 4, insert the following new Clause- "Product regulations: devolved administrations (1) Product regulations under section 1 may not be made unless and until the Secretary of State has consulted the devolved administrations as to their impact and effect on the marketing and use of products in the areas within the United Kingdom over which they have legislative competence. (2) The Secretary of State may by regulations exclude the application of this Act to products to be marketed or used in areas within the United Kingdom over which the devolved administrations have legislative competence to enable effect to be given to an agreement that forms part of a common framework agreement. (3) A "common framework agreement” is a consensus between a Minister of the Crown and one or more devolved administrations as to how devolved or transferred matters previously governed by EU law are to be regulated.”
After Clause 4, insert the following new Clause- "Review Panel (1) The Secretary of State must establish an independent review panel (“the Panel") no later than 2 years after the day on which this Act comes into force. (2) The Panel must – (a) carry out a review of all regulations under this Act corresponding to, similar to, or making references to, the requirements of relevant foreign laws under section 2(7), with a view to establishing- (i) their effect on economic growth; (ii) their effect on trade in the product concerned on a global basis; (iii) their effect on the relevant industry or industries within the United Kingdom; (b) prepare a report of the review, and (c) lay a copy of the report before Parliament, no later than 12 months from the date of the Panel's creation. (3) The Panel must consist of - (a) at least one person with expertise in economics; (b) at least one person with expertise in trade policy; (c) at least one person with expertise in domestic regulation of business.”
Clause 10, page 10, line 20, at end insert “or part of a website”
Clause 11, page 11, line 10, at end insert- "(za) the first provision described in section 2(2)(d) contained in product regulations; (zb) the first provision described in section 2(3)(d) contained in product regulations; (zc) provision described in section 2(3)(h) that imposes the first product requirements on the category of person specified in that provision;”
Clause 11, page 11, line 10, at end insert- “(za) provision described in section 2(7);"
Clause 11, page 11, line 18, at end insert- "(6) Before making regulations under this Act, the Secretary of State must consult such persons as the Secretary of State considers appropriate.”
Clause 1, page 1, line 9, leave out subsection (2)
Clause 2, page 3, line 32, leave out subsections (7) and (8)
Clause 2, page 3, line 34, leave out “EU” and insert “foreign"
Clause 2, page 3, line 40, at end insert- "(9) In this section, a reference to “intangible" components includes software.”
Clause 2, page 3, line 40, at end insert- “(9) Before making provision described in subsection (7), the Secretary of State must make a statement in Parliament if the provision relates to relevant foreign law of only one of the markets listed in the definition of “relevant foreign law” in section 1(5)."
After Clause 4, insert the following new Clause- "Product regulations: devolved administrations (1) Product regulations under section 1 may not be made unless and until the Secretary of State has consulted the devolved administrations as to their impact and effect on the marketing and use of products in the areas within the United Kingdom over which they have legislative competence. (2) The Secretary of State may by regulations exclude the application of this Act to products to be marketed or used in areas within the United Kingdom over which the devolved administrations have legislative competence to enable effect to be given to an agreement that forms part of a common framework agreement. (3) A "common framework agreement” is a consensus between a Minister of the Crown and one or more devolved administrations as to how devolved or transferred matters previously governed by EU law are to be regulated.”
After Clause 4, insert the following new Clause- "Review Panel (1) The Secretary of State must establish an independent review panel (“the Panel") no later than 2 years after the day on which this Act comes into force. (2) The Panel must – (a) carry out a review of all regulations under this Act corresponding to, similar to, or making references to, the requirements of relevant foreign laws under section 2(7), with a view to establishing- (i) their effect on economic growth; (ii) their effect on trade in the product concerned on a global basis; (iii) their effect on the relevant industry or industries within the United Kingdom; (b) prepare a report of the review, and (c) lay a copy of the report before Parliament, no later than 12 months from the date of the Panel's creation. (3) The Panel must consist of - (a) at least one person with expertise in economics; (b) at least one person with expertise in trade policy; (c) at least one person with expertise in domestic regulation of business.”
Clause 10, page 10, line 20, at end insert “or part of a website”
Clause 11, page 11, line 10, at end insert- "(za) the first provision described in section 2(2)(d) contained in product regulations; (zb) the first provision described in section 2(3)(d) contained in product regulations; (zc) provision described in section 2(3)(h) that imposes the first product requirements on the category of person specified in that provision;”
Clause 11, page 11, line 10, at end insert- “(za) provision described in section 2(7);"
Clause 11, page 11, line 18, at end insert- "(6) Before making regulations under this Act, the Secretary of State must consult such persons as the Secretary of State considers appropriate.”
Clause 1, page 1, line 9, leave out subsection (2)
Clause 2, page 3, line 32, leave out subsections (7) and (8)
Clause 2, page 3, line 34, leave out “EU” and insert “foreign"
Clause 2, page 3, line 40, at end insert- "(9) In this section, a reference to “intangible" components includes software.”
Clause 2, page 3, line 40, at end insert- “(9) Before making provision described in subsection (7), the Secretary of State must make a statement in Parliament if the provision relates to relevant foreign law of only one of the markets listed in the definition of “relevant foreign law” in section 1(5)."
After Clause 4, insert the following new Clause- "Product regulations: devolved administrations (1) Product regulations under section 1 may not be made unless and until the Secretary of State has consulted the devolved administrations as to their impact and effect on the marketing and use of products in the areas within the United Kingdom over which they have legislative competence. (2) The Secretary of State may by regulations exclude the application of this Act to products to be marketed or used in areas within the United Kingdom over which the devolved administrations have legislative competence to enable effect to be given to an agreement that forms part of a common framework agreement. (3) A "common framework agreement” is a consensus between a Minister of the Crown and one or more devolved administrations as to how devolved or transferred matters previously governed by EU law are to be regulated.”
After Clause 4, insert the following new Clause- "Review Panel (1) The Secretary of State must establish an independent review panel (“the Panel") no later than 2 years after the day on which this Act comes into force. (2) The Panel must – (a) carry out a review of all regulations under this Act corresponding to, similar to, or making references to, the requirements of relevant foreign laws under section 2(7), with a view to establishing- (i) their effect on economic growth; (ii) their effect on trade in the product concerned on a global basis; (iii) their effect on the relevant industry or industries within the United Kingdom; (b) prepare a report of the review, and (c) lay a copy of the report before Parliament, no later than 12 months from the date of the Panel's creation. (3) The Panel must consist of - (a) at least one person with expertise in economics; (b) at least one person with expertise in trade policy; (c) at least one person with expertise in domestic regulation of business.”
Clause 10, page 10, line 20, at end insert “or part of a website”
Clause 11, page 11, line 10, at end insert- "(za) the first provision described in section 2(2)(d) contained in product regulations; (zb) the first provision described in section 2(3)(d) contained in product regulations; (zc) provision described in section 2(3)(h) that imposes the first product requirements on the category of person specified in that provision;”
Clause 11, page 11, line 10, at end insert- “(za) provision described in section 2(7);"
Clause 11, page 11, line 18, at end insert- "(6) Before making regulations under this Act, the Secretary of State must consult such persons as the Secretary of State considers appropriate.”
Clause 1, page 1, line 9, leave out subsection (2)
Clause 2, page 3, line 32, leave out subsections (7) and (8)
Clause 2, page 3, line 34, leave out “EU” and insert “foreign"
Clause 2, page 3, line 40, at end insert- "(9) In this section, a reference to “intangible" components includes software.”
Clause 2, page 3, line 40, at end insert- “(9) Before making provision described in subsection (7), the Secretary of State must make a statement in Parliament if the provision relates to relevant foreign law of only one of the markets listed in the definition of “relevant foreign law” in section 1(5)."
After Clause 4, insert the following new Clause- "Product regulations: devolved administrations (1) Product regulations under section 1 may not be made unless and until the Secretary of State has consulted the devolved administrations as to their impact and effect on the marketing and use of products in the areas within the United Kingdom over which they have legislative competence. (2) The Secretary of State may by regulations exclude the application of this Act to products to be marketed or used in areas within the United Kingdom over which the devolved administrations have legislative competence to enable effect to be given to an agreement that forms part of a common framework agreement. (3) A "common framework agreement” is a consensus between a Minister of the Crown and one or more devolved administrations as to how devolved or transferred matters previously governed by EU law are to be regulated.”
After Clause 4, insert the following new Clause- "Review Panel (1) The Secretary of State must establish an independent review panel (“the Panel") no later than 2 years after the day on which this Act comes into force. (2) The Panel must – (a) carry out a review of all regulations under this Act corresponding to, similar to, or making references to, the requirements of relevant foreign laws under section 2(7), with a view to establishing- (i) their effect on economic growth; (ii) their effect on trade in the product concerned on a global basis; (iii) their effect on the relevant industry or industries within the United Kingdom; (b) prepare a report of the review, and (c) lay a copy of the report before Parliament, no later than 12 months from the date of the Panel's creation. (3) The Panel must consist of - (a) at least one person with expertise in economics; (b) at least one person with expertise in trade policy; (c) at least one person with expertise in domestic regulation of business.”
Clause 10, page 10, line 20, at end insert “or part of a website”
Clause 11, page 11, line 10, at end insert- "(za) the first provision described in section 2(2)(d) contained in product regulations; (zb) the first provision described in section 2(3)(d) contained in product regulations; (zc) provision described in section 2(3)(h) that imposes the first product requirements on the category of person specified in that provision;”
Clause 11, page 11, line 10, at end insert- “(za) provision described in section 2(7);"
Clause 11, page 11, line 18, at end insert- "(6) Before making regulations under this Act, the Secretary of State must consult such persons as the Secretary of State considers appropriate.”
17
Lord Leong (Lab) - Lord in Waiting (HM Household) (Whip)Clause 2, page 3, line 7, at end insert—
“(ca) a person who installs a product in the United Kingdom;”
This amendment clarifies that product requirements may be imposed on installers of products.
18
Lord Frost (Non-affiliated)Clause 2, page 3, line 32, leave out subsections (7) and (8)
This amendment removes from the Bill the broadly-drawn power to align with EU product regulation.
19
Lord Frost (Non-affiliated)Clause 2, page 3, line 34, leave out “EU” and insert “foreign”
23
Lord Leong (Lab) - Lord in Waiting (HM Household) (Whip)Clause 2, page 3, line 40, at end insert—
“(9) In this section, a reference to “intangible” components includes software.”
This amendment clarifies that intangible components of products include software.
24
Lord Frost (Non-affiliated)Clause 2, page 3, line 40, at end insert—
“(9) Before making provision described in subsection (7), the Secretary of State must make a statement in Parliament if the provision relates to relevant foreign law of only one of the markets listed in the definition of “relevant foreign law” in section 1(5).”
These amendments open up the possibility of defining product regulations by relation to the laws of countries other than the European Union, and require the justification of decisions to limit any such reference to the laws of one territory only.
25
Lord Frost (Non-affiliated)Clause 2, page 3, line 40, at end insert—
“(9) The final meaning or interpretation of any provision of relevant foreign law under this Act shall be made exclusively by the Secretary of State or by a court or tribunal of the United Kingdom, as appropriate, and must not be delegated or conceded to any other authority within or outside the United Kingdom.
(10) The enforcement of any provision of relevant foreign law under this Act must be undertaken exclusively by the authorities of the United Kingdom Government and must not be delegated or conceded to any other authority within or outside the United Kingdom.”
This provision would prevent the interpretation or enforcement of any regulations referring to foreign law, notably that of the EU, from being undertaken by any authorities other than those based in the UK (for example the European Commission or the CJEU).
11
Lord Frost (Non-affiliated)Clause 1, page 2, leave out lines 7 to 13 and insert—
““relevant foreign law” means law of one or more of the United States of America, Canada, Japan, the European Union, Switzerland, Australia, or New Zealand relating to standards, the marketing, or use of products in those markets, which are in force on a specific date and only that date, as specified in regulations;”
14
Lord Leong (Lab) - Lord in Waiting (HM Household) (Whip)Clause 2, page 2, line 28, at end insert—
“(aa) the installation of products;”
This amendment clarifies that product regulations may include requirements relating to the installation of products.
32
Lord Frost (Non-affiliated)After Clause 4, insert the following new Clause—
“Review Panel
(1) The Secretary of State must establish an independent review panel (“the Panel”) no later than 2 years after the day on which this Act comes into force.
(2) The Panel must—
(a) carry out a review of all regulations under this Act corresponding to, similar to, or making references to, the requirements of relevant foreign laws under section 2(7), with a view to establishing—
(i) their effect on economic growth;
(ii) their effect on trade in the product concerned on a global basis;
(iii) their effect on the relevant industry or industries within the United Kingdom;
(b) prepare a report of the review, and
(c) lay a copy of the report before Parliament, no later than 12 months from the date of the Panel’s creation.
(3) The Panel must consist of—
(a) at least one person with expertise in economics;
(b) at least one person with expertise in trade policy;
(c) at least one person with expertise in domestic regulation of business.”
This amendment would ensure a review and report to Parliament of any regulations aligning UK regulations with those of other countries or territories.
39
Lord Jackson of Peterborough (Con)Clause 6, page 7, line 30, at end insert—
“(9A) At least 30 days before making provision as described in subsection (9), the Secretary of State must deposit in the library of both Houses an Explanatory Memorandum, outlining why such changes are necessary to meet the purposes in section 1(1) of the Act.”
This amendment would require regulations made in respect of criminal offences arising from non-compliance to be subject to some Parliamentary oversight.
42
Lord Leong (Lab) - Lord in Waiting (HM Household) (Whip)After Clause 8, insert the following new Clause—
“Application to existing product and metrology provision
(1) The power to make product regulations includes power to make—
(a) in connection with existing product requirements, any provision described in section 2(4), (6) or (7) that could be made if the existing product requirements were product requirements in product regulations;
(b) in connection with existing product provision, any provision described in sections 3, 4, 7 and 8 that could be made if the existing product provision were provision in product regulations.
(2) The power to make metrology regulations includes power to make, in connection with existing metrology provision, any provision described in sections 6 to 8 that could be made if the existing metrology provision were provision in metrology regulations.
(3) In this section—
“existing metrology provision” means provision in—
(a) subordinate legislation made before the passing of this Act, or
(b) assimilated direct legislation,
as amended from time to time, that could be made under section 5;
“existing product provision” means provision in—
(a) subordinate legislation made before the passing of this Act, or
(b) assimilated direct legislation,
as amended from time to time, that could be made under section 1;
“existing product requirements” means requirements contained in existing product provision that could be product requirements in product regulations;
“subordinate legislation” has the same meaning as in the Interpretation Act 1978 (see section 21 of that Act).”
This amendment enables the Secretary of State to use the powers in clauses 1 and 5 to amend or supplement provision in existing legislation about products and metrology, where that provision could have been made under the powers in the Bill.
44
Lord Leong (Lab) - Lord in Waiting (HM Household) (Whip)Clause 9, page 9, line 19, leave out subsection (1) and insert—
“(1) In the Consumer Protection Act 1987 omit Parts 2 and 4.”
This amendment repeals Parts 2 and 4 of the Consumer Protection Act 1987.
45
Lord Leong (Lab) - Lord in Waiting (HM Household) (Whip)Clause 9, page 9, line 25, leave out paragraph (b)
This amendment omits the provision that allows consequential amendments of section 77 of and Schedule 5 to the Consumer Rights Act 2015.
46
Lord Leong (Lab) - Lord in Waiting (HM Household) (Whip)Clause 9, page 9, line 27, leave out subsection (3) and insert—
“(3) In the Weights and Measures Act 1985 omit sections 1, 8(1)(a) and 25 and Schedule 1.”
This amendment repeals specified provisions of the Weights and Measures Act 1985.
47
Lord Leong (Lab) - Lord in Waiting (HM Household) (Whip)Clause 9, page 9, line 30, after first “made” insert “by or”
This amendment is consequential on the amendments to repeal certain provisions on the face of the Bill.
50
Lord Leong (Lab) - Lord in Waiting (HM Household) (Whip)Clause 10, page 10, line 19, after “service” insert “or feature of a service”
This amendment includes a feature of a service in the definition of “online marketplace”.
51
Lord Leong (Lab) - Lord in Waiting (HM Household) (Whip)Clause 10, page 10, line 20, at end insert “or part of a website”
This amendment includes a service on part of a website in the definition of “online marketplace”.
52
Lord Leong (Lab) - Lord in Waiting (HM Household) (Whip)Clause 10, page 10, line 28, at end insert—
““product requirements” has the meaning given in section 2(1);”
This amendment applies the definition of “product requirements” to the whole Bill and is consequential on the new clause amendment in my name after Clause 8.
55
Lord Leong (Lab) - Lord in Waiting (HM Household) (Whip)Clause 11, page 11, line 10, at end insert—
“(za) the first provision described in
section 2(2)(d)
contained in product regulations;
(zb) the first provision described in
section 2(3)(d)
contained in product regulations;
(zc) provision described in
section 2(3)(h)
that imposes the first product requirements on the category of person specified in that provision;”
This amendment applies the affirmative resolution procedure to additional provisions.
56
Lord Frost (Non-affiliated)Clause 11, page 11, line 10, at end insert—
“(za) provision described in section 2(7);”
This amendment would ensure that the affirmative parliamentary procedure will apply to regulations under Clause 2(7), that is, any regulations which include referenced to relevant foreign law.
61
Lord Leong (Lab) - Lord in Waiting (HM Household) (Whip)Clause 11, page 11, line 18, at end insert—
“(6) Before making regulations under this Act, the Secretary of State must consult such persons as the Secretary of State considers appropriate.”
This amendment would require the Secretary of State to consult such persons as they consider appropriate before making regulations under this Act.
62
Lord Leong (Lab) - Lord in Waiting (HM Household) (Whip)Clause 11, page 11, line 18, at end insert—
“(6) Subsections (2) to (6) do not apply to regulations under section 13.”
This amendment is consequential on the amendment to allow new subsections of clause 9 to be brought into force by regulations.
63
Lord Leong (Lab) - Lord in Waiting (HM Household) (Whip)Clause 13, page 11, line 21, at end insert—
“(A1) Section 9(1) and (3) comes into force on such day as the Secretary of State may by regulations appoint, and the Secretary of State may appoint different days for different purposes.”
This amendment amends the commencement clause to provide for new subsections (1) and (3) of section 9 to be brought into force by regulations made by the Secretary of State.
65
Lord Leong (Lab) - Lord in Waiting (HM Household) (Whip)Clause 13, page 11, line 22, at beginning insert “The rest of”
This amendment amends the commencement clause to provide for new subsections (1) and (3) of section 9 to be brought into force by regulations made by the Secretary of State.
67
Lord Leong (Lab) - Lord in Waiting (HM Household) (Whip)Schedule, page 12, line 17, leave out paragraph 7 and insert—
“7 Aircraft and components of aircraft.
This paragraph does not include—
(a) unmanned aircraft designed or intended (whether or not exclusively) for use in play by children under 14 years old, and
(b) radio equipment which is a component of unmanned aircraft.
In this paragraph—
(a) “aircraft” and “unmanned aircraft” have the meanings given by Article 3 of Regulation (EU) No 2018/1139 of the European Parliament and of the Council on common rules in the field of civil aviation and establishing a European Union Aviation Safety Agency;
(b) “radio equipment” has the meaning given by regulation 2 of the Radio Equipment Regulations 2017 (S.I. 2017/1206).
7A Products used or specifically designed for the purpose of operating or controlling aircraft, training persons in the operation or control of aircraft or ensuring the safe operation or control of aircraft.
This paragraph does not include radio equipment used or specifically designed for the purpose of operating or controlling unmanned aircraft, training persons in the operation or control of unmanned aircraft or ensuring the safe operation or control of unmanned aircraft.
In this paragraph “aircraft”, “unmanned aircraft” and “radio equipment” have the same meanings as in paragraph 7.”
This amendment would add certain products used or specifically designed for the purpose of operating or controlling aircraft, training persons in the operation or control of aircraft or ensuring the safe operation or control of aircraft into the Schedule of excluded products.
13
Lord Russell of Liverpool (XB)After Clause 1, insert the following new Clause—
“Alignment with EU law
(1) Where equivalent or similar EU law exists in relation to relevant product regulations, the Secretary of State must, when making provision under section 1, update Parliament on whether the Government proposes to vary the regulations from alignment with EU law.
(2) If the Secretary of State believes divergence from relevant EU law to be in the interests of the United Kingdom, they must arrange for a statement to be made in Parliament on the benefits to United Kingdom business to be achieved by this divergence, at least fourteen days before the relevant regulations are laid before Parliament.
(3) If the Secretary of State believes alignment with the relevant EU law to be in the interests of the United Kingdom, they must arrange for a statement to be made in Parliament on the benefits to United Kingdom business to be achieved by this alignment, at least fourteen days before the relevant regulations are laid before Parliament.
(4) The statement under subsection (2) or (3) must include the date by which any such regulations will be reviewed, which can be no later than 36 months after implementation.”
This amendment provides greater regulatory certainty for UK businesses by requiring scrutiny of all decisions to diverge or align with EU regulations and a process for Parliamentary scrutiny and review, whether Ministers determine that divergence or alignment from such regulations would be in the best interests of the UK.
3
Lord Lansley (Con)Clause 1, page 1, line 4, at end insert—
“(za) securing that products to which this section applies are safe;”
This amendment would retain the existing requirement in the Consumer Protection Act 1987 that product requirements must include that they are safe.
31
Lord Hope of Craighead (XB)After Clause 4, insert the following new Clause—
“Product regulations: devolved administrations
(1) Product regulations under section 1 may not be made unless and until the Secretary of State has consulted the devolved administrations as to their impact and effect on the marketing and use of products in the areas within the United Kingdom over which they have legislative competence.
(2) The Secretary of State may by regulations exclude the application of this Act to products to be marketed or used in areas within the United Kingdom over which the devolved administrations have legislative competence to enable effect to be given to an agreement that forms part of a common framework agreement.
(3) A “common framework agreement” is a consensus between a Minister of the Crown and one or more devolved administrations as to how devolved or transferred matters previously governed by EU law are to be regulated.”
This amendment ensures that devolved administrations are consulted before regulations are made under this Part of the Act, and that common framework agreements receive the same protection to enable them to receive effect as they have under section 10 of the United Kingdom Internal Market Act 2020.
[Withdrawn]
Clause 2, page 3, line 26, at end insert—
“(d) the identification of and availability, including licensing, of patents voluntarily declared as essential to a technical standard.”
4
Lord Lansley (Con)Clause 1, page 1, line 8, at end insert—
“(1A) In considering whether regulations should be made under subsection (1), the Secretary of State must have regard to the likelihood of the United Kingdom being seen as a favourable place in which to develop, manufacture or supply products.”
This amendment would require ministers making product regulations to consider how they will help to promote UK business and the economy.
20
Lord Lansley (Con)Clause 2, page 3, line 37, at end insert—
“(7A) Provision made in reliance on subsection (1) may (among other things) identify product requirements by reference to international agreements or standards relating to the marketing or use of products, including agreements or standards as they have effect from time to time.”
This amendment will give statutory expression to the desirability of the use of international standards in defining product requirements.
12
Lord Lansley (Con)Clause 1, page 2, line 13, at end insert—
““safe” , in relation to any products, means such that there is no risk, or no risk apart from one reduced to a minimum, that any of the following will (whether immediately or after a definite or indefinite period) cause the death of, or any personal injury to, any person whatsoever, that is to say—
(a) the products,
(b) the keeping, use or consumption of the products,
(c) the assembly of any of the products which are, or are to be, supplied unassembled,
(d) any emission or leakage from the products or, as a result of the keeping, use or consumption of the products, from anything else, or
(e) reliance on the accuracy of any measurement, calculation or other reading made by or by means of the products;”
This amendment would retain the definition of “safe” presently in the Consumer Protection Act 1987.
Clause 1, page 1, line 4, at end insert - "(aa) securing that products to which this section applies are safe;"
Clause 2, page 3, line 26, at end insert- “(d) the identification of and availability, including licensing, of standard essential patents that relate to technology essential for implementing a technical standard."
Clause 1, page 1, line 8, at end insert - "(1A) In considering whether regulations should be made under subsection (1), the Secretary of State must have regard to the likelihood of the United Kingdom being seen as a favourable place in which to develop, manufacture or supply products."
Clause 2, page 3, line 26, at end insert- "(d) the identification of and availability, including licensing, of standard essential patents that relate to technology essential for implementing a technical standard."
Clause 2, page 3, line 37, at end insert- “(7A) Provision made in reliance on subsection (1) may (among other things) identify product requirements by reference to international agreements or standards relating to the marketing or use of products, including agreements or standards as they have effect from time to time."
Clause 9, page 9, line 26, at end insert- "(c) sections 48, 48B, 49, 50, 52, 53 and 54 of the Patents Act 1977 (licences of right and compulsory licences).”
11A
Baroness Lawlor (Con)Clause 1, page 1, line 21, at end insert—
“(4A) Regulations under subsection (2) must promote growth and effective production, foster innovation and encourage the use and marketing of products in the UK’s domestic and foreign markets.”
104A
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)After Clause 6, insert the following new Clause—
“Regulatory sandboxes
The Secretary of State must establish regulatory sandboxes for businesses developing innovative products affected by this Act.”
This amendment seeks to promote innovation by allowing companies to test new products under regulatory supervision. Regulatory sandboxes allow businesses to trial new products, with certain rules temporarily removed.
104B
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)After Clause 6, insert the following new Clause—
“Impact on SMEs
(1) The Secretary of State must, within six months of the day on which this Act is passed, lay before both Houses of Parliament a report assessing the impact of such regulations on small and medium-sized enterprises (SMEs).
(2) The report must include—
(a) an evaluation of potential compliance costs;
(b) the effect on SME competitiveness and innovation;
(c) any measures proposed to mitigate disproportionate burdens on SMEs;
(d) the outcome of consultations with SME representatives and relevant stakeholders.”
This amendment mandates that the Secretary of State provides a report to both Houses of Parliament detailing the impact of product regulations on SMEs, ensuring transparency and accountability in assessing how regulations affect smaller businesses.
124A
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 10, page 10, line 29, at end insert—
““regulatory sandbox” means an environment which allows businesses to explore and experiment with new innovative products under regulatory supervision.”
This amendment, in conjunction with another amendment in Lord Sharpe of Epsom’s name, seeks to promote innovation by allowing companies to test new products under regulatory supervision. Regulatory sandboxes allow businesses to trial new products, with certain rules temporarily removed.
29
Lord Lucas (Con)Clause 2, page 2, line 43, at end insert—
“(l) the withdrawal from sale of products of a type concerning which Trading Standards have raised concerns, until such time as the seller has satisfied Trading Standards that those concerns are unfounded.”
60
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 3, page 3, line 42, leave out subsection (1)
This amendment seeks clarification on the designation of “relevant authority” for the enforcement of product regulations.
61
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 3, page 4, line 3, leave out subsection (3)
This amendment seeks clarification on the specific functions that may be conferred upon a relevant authority under the product regulations.
62
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 3, page 4, line 9, leave out subsection (4)
This amendment seeks to clarify the powers that may be granted to inspectors under the product regulations.
66
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 3, page 4, line 29, leave out paragraph (a)
This amendment seeks to clarify to whom “others” refers regarding the warning of risks presented by a product.
67
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 3, page 4, line 33, leave out subsection (7)
This amendment seeks clarification on what constitutes “non-compliance” under product regulations.
68
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 3, page 5, line 6, leave out subsection (9)
This amendment seeks to clarify the offences which could be created or expanded under subsection (9), as well as the civil sanctions which might be imposed.
72
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 4, page 5, line 30, at end insert—
“(3) The Secretary of State must lay before both Houses of Parliament a comprehensive framework outlining the conditions and procedures for the use of emergency powers under this section.
(4) Product regulations providing for emergency disapplication or modification may not be made until this framework has been laid before Parliament and approved by a resolution of both Houses.”
This amendment requires the Secretary of State to present a framework to Parliament defining the use of emergency powers.
73
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 4, page 5, line 30, at end insert—
“(3) Any disapplication or modification under subsection (1) shall only be valid for an initial period of three months.
(4) The Secretary of State may extend the disapplication or modification beyond three months only after conducting a comprehensive review detailing—
(a) the justification for the continued need,
(b) an assessment of the impact, and
(c) consultation undertaken with relevant stakeholders
(5) The comprehensive review conducted under subsection (4) must be published and laid before both Houses of Parliament within 14 days of the decision to extend the disapplication or modification.”
This amendment limits the duration of emergency modifications to three months and requires a review to for any extension, ensuring transparency and stakeholder consultation.
80
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 5, page 5, line 38, leave out subsection (2)
This amendment seeks to remove the broad powers granted to the Secretary of State under metrology regulations, regarding quantities in marketing goods.
81
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 5, page 6, line 2, at end insert—
“(2A) The Secretary of State may not use any powers under this Act to remove or disapply the use of the pint as a unit of measurement for alcoholic beverages sold or marketed in the United Kingdom.”
This amendment ensures that the pint remains an accepted unit of measurement for alcoholic beverages.
83
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 6, page 6, line 21, leave out subsection (1)
This amendment seeks clarification on the designation of “relevant authority” for the enforcement of metrology regulations.
84
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 6, page 6, line 25, leave out subsection (3)
This amendment seeks clarification on the specific functions that may be conferred upon a relevant authority under metrology regulations.
86
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 6, page 6, line 31, leave out subsection (4)
This amendment seeks to clarify the powers that may be granted to inspectors under metrology regulations.
88
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 6, page 7, line 6, leave out subsection (6)
This amendment seeks to clarify to what “something” refers to regarding the powers of the relevant authority in enforcing metrology regulations.
89
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 6, page 7, line 9, leave out subsection (7)
This amendment seeks clarification on what constitutes “non-compliance” under metrology regulations.
90
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 6, page 7, line 24, leave out subsection (9)
This amendment seeks to clarify the offences that could be created or expanded under subsection (9), as well as the civil sanctions that might be imposed.
103
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)After Clause 6, insert the following new Clause—
“Report: impact on consumer choice
The Secretary of State must, within twelve months of the day on which this Act is passed, lay before both Houses a report assessing the impact of the Act on consumer choice.”
This amendment requires the Secretary of State to publish a report on the impact of this Act on consumer choice.
104
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)After Clause 6, insert the following new Clause—
“Report: economic impact of regulations under this Act
The Secretary of State must conduct an economic impact review of the regulations made under this Act every two years, with the first review commencing within two years of the day on which this Act is passed.”
This amendment introduces a structured review process to monitor the economic impact of the regulations and make any necessary adjustments to foster growth.
110
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 9, page 9, line 19, leave out subsection (1)
This amendment prevents the repeal of provisions made by Parts 2, 4 and 5 of the Consumer Protection Act 1987.
111
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 9, page 9, line 22, leave out subsection (2)
This amendment prevents the amendment or repeal of provisions made by the Gun Barrel Proof Acts 1868 to 1978 and section 77 and Schedule 5 to the Consumer Rights Act 2015.
112
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 9, page 9, line 27, leave out subsection (3)
This amendment prevents the repeal of provisions made by the Weights and Measures Act 1985.
6
Baroness Lawlor (Con)Clause 1, page 1, line 11, leave out “EU” and insert “foreign”
This amendment allows a wider range of foreign regulation to be used where beneficial.
10
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 1, page 1, line 15, leave out subsection (4)
This amendment seeks to clarify the scope of what constitutes a risk, particularly in relation to endangering health and safety.
11
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 1, page 1, line 21, at end insert—
“(4A) The Secretary of State must also by regulations make provision aimed at promoting investment, fostering innovation, and encouraging economic growth in relation to the marketing or use of products in the United Kingdom.
(4B) Regulations under subsection (4A) must support—
(a) the creation of economic incentives for businesses that contribute to economic growth, and
(b) the alignment of product regulations with the strategic aim of positioning the United Kingdom as a global leader in innovation”
This amendment ensures that the regulations in the Bill prioritise economic growth and the United Kingdom’s role in innovation and economic expansion.
18
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 2, page 2, line 24, leave out paragraph (a)
This amendment aims to seek clarity on the specific product regulations related to production, components, composition, and characteristics, as outlined in subsection (2).
19
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 2, page 2, line 25, leave out paragraph (b)
This amendment aims to seek clarity on the specific product regulations related to the use of products.
21
Lord Lucas (Con)Clause 2, page 2, line 31, at end insert “, including a requirement that the name, address and email address of the seller is provided prominently next to the price with a statement that the customer is not buying from the marketplace;”
This amendment is to ensure that people are aware that they are often buying from China when buying on Amazon/eBay and the product hasn't undergone any quality checks.
22
Lord Lucas (Con)Clause 2, page 2, line 31, at end insert “, including a requirement that a product may not be listed on an online marketplace until the owner of that marketplace has assured themselves that the product is safe and not counterfeit”
Clause 3, page 5, line 26, at end insert-“(12) The relevant authority designated under subsection (6)(e) may by notice require that the provider of the online marketplace concerned –(a) determine what redress should be paid to affected consumers, and
After Clause 2, insert the following new Clause-"Duty on online marketplacesProduct regulations must be made that require the persons described in section 2(3)(d) to ensure that products sold on their platform to customers in the United Kingdom meet United Kingdom product safety standards.”
The Schedule, page 12, line 20, at end insert -“8A Civilian products which the Secretary of State has deemed to pose a national security threat.”
102
Lord Foster of Bath (LD)After Clause 6, insert the following new Clause—
“Extra-territorial application and jurisdiction
(1) References in this Act to an online marketplace include such a marketplace provided from outside the United Kingdom (as well as such a marketplace provided from within the United Kingdom), insofar as they relate to goods sold to customers in the United Kingdom.
(2) The power to require the production of documents or information by virtue of an information requirement includes power to require the production of documents or information held outside the United Kingdom, insofar as they relate to goods sold to customers in the United Kingdom.
(3) The power to require a person to attend an interview to answer questions by virtue of an information requirement includes the power to require a person outside the United Kingdom to attend an interview about goods sold to customers in the United Kingdom.
(4) Product regulations or metrology regulations may make provision that apply to acts done by a person in the United Kingdom or elsewhere, insofar as they relate to goods sold to customers in the United Kingdom.
(5) In the case of an offence where subsection (4) applies which is committed outside the United Kingdom—
(a) proceedings for the offence may be taken at any place in the United Kingdom, and
(b) the offence may for all incidental purposes be treated as having been committed at any such place.
(6) In the application of subsection (5) to Scotland, any such proceedings against a person may be taken—
(a) in any sheriff court district in which the person is apprehended or is in custody, or
(b) in such sheriff court district as the Lord Advocate may determine.
(7) In this section—
“act” includes a failure to act;
“information requirement” has the meaning given by section (information requirements: restrictions)(9);
“sheriff court district” is to be construed in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act).”
This new Clause seeks to apply the Bill, and allow any regulations made under the Bill to apply, extra-territorially.
117
Lord Foster of Bath (LD)Clause 10, page 10, line 7, at end insert—
““internet service” has the meaning given by section 228 of the Online Safety Act 2023;”
This amendment, and another related amendment, would clarify the meaning of internet service within the Bill to give it the same meaning as in the Online Safety Act 2023.
122
Lord Foster of Bath (LD)Clause 10, page 10, line 23, leave out “the internet” and insert “an internet service”
This amendment, and another related amendment, would clarify the meaning of internet service within the Bill to give it the same meaning as in the Online Safety Act 2023.
57
Baroness Bennett of Manor Castle (Green)After Clause 2, insert the following new Clause—
“Clothing safety: regulations and requirements
(1) Within three years of the day on which this Act is passed, the Secretary of State must, by regulations under section 1, make provision to reduce risks as defined in section 1(4) presented by clothing.
(2) For the purposes of this section, clothing means items of fabric, leather, plastic and similar materials usually worn on the human body.
(3) Within three years of the day on which this Act is passed, the Secretary of State must also make provision about clothing product requirements by regulations under section 2.
(4) Regulations in accordance with subsection (3) must set out product requirements for the production, use, marking, marketing, testing, approval and provision of information (including information about risk) of clothing.”
This amendment intends to probe whether the Secretary of State will use powers under sections 1 and 2 to regulate clothing products, given the human and environmental health risks they represent from artificial fibres and chemical constituents.
58
Baroness Bennett of Manor Castle (Green)After Clause 2, insert the following new Clause—
“Single-use plastic safety: regulations and requirements
(1) Within two years of the day on which this Act is passed, the Secretary of State must, by regulations under section 1, make provision to reduce risks as defined in section 1(4) presented by single-use plastics produced and sold in the United Kingdom.
(2) For the purposes of this section, single-use plastics consist of materials made from petrochemicals or other materials used for packing, food dispensing, or other short-term single use.
(3) Within two years of the day on which this Act is passed, the Secretary of State must also make provision about single-use plastic product requirements by regulations under section 2.
(4) Regulations in accordance with subsection (3) must set out product requirements for the production, use, marking, marketing, testing, approval and provision of information (including information about risk) of single-use plastics.”
This amendment intends to probe whether the Secretary of State will use powers under sections 1 and 2 to regulate single-use plastic production and sale, given the human and environmental health risks they represent from artificial fibres and chemical constituents.
59
Baroness Bennett of Manor Castle (Green)After Clause 2, insert the following new Clause—
“Period product safety: regulations and requirements
(1) Within one year of the day on which this Act is passed, the Secretary of State must, by regulations under section 1, make provision to reduce risks as defined in section 1(4) presented by period products, including those for single use and for re-use.
(2) For the purposes of this section, period products consist of items intended to collect menstrual blood.
(3) Within one year of the day on which this Act is passed, the Secretary of State must also make provision about period products requirements by regulations under section 2.
(4) Regulations in accordance with subsection (3) must set out product requirements for the production, use, marking, marketing, testing, approval and provision of information (including information about risk) of period products.”
This amendment intends to probe whether the Secretary of State will use powers under sections 1 and 2 to regulate period products, given the human and environmental health risks they represent.
55
Lord Redesdale (Non-affiliated)After Clause 2, insert the following new Clause—
“Sale of bikes on online marketplaces
Online marketplaces must ensure that all listings for bikes on their platform, including e-bikes sold by third party manufacturers, include the frame number or registered security marks, where they are sold to customers in the United Kingdom.”
This amendment seeks to ensure that a serial number or registered security mark is on all bikes, including e-bikes, sold on online marketplaces
56
Lord Redesdale (Non-affiliated)After Clause 2, insert the following new Clause—
“Returns policy for products containing lithium-ion on online marketplaces
Online marketplaces must take reasonable steps to ensure that their platforms have a returns policy for products containing lithium-ion, where they are sold to customers in the United Kingdom.”
39
Baroness Lawlor (Con)Clause 2, page 3, line 37, at end insert—
“(7A) Notwithstanding the provisions of subsection (7)(a), a product requirement of relevant EU law must not be treated as met unless regulations are made by the Secretary of State to incorporate them into United Kingdom law.”
This amendment seeks to prevent dynamic alignment by default without proper parliamentary scrutiny.
40
Baroness Lawlor (Con)Clause 2, page 3, line 39, after “environmental” insert “, constitutional”
This amendment seeks to ensure that the Secretary of State takes account of the constitutional impact of provisions made under subsection (7).
41
Baroness Lawlor (Con)Clause 2, page 3, line 40, at end insert “and lay a report before Parliament describing any such impacts”
This amendment seeks to ensure that the Secretary of State is accountable to Parliament for the impact of provision made under subsection (7).
129
Lord Foster of Bath (LD)Clause 11, page 11, line 10, at end insert—
“(za) provision described in section 1(2A);”
This amendment and another in the name of Lord Foster of Bath seeks to ensure that any regulation of high risk products is approved using affirmative parliamentary procedures.
130
Baroness Lawlor (Con)Clause 11, page 11, line 10, at end insert—
“(za) provisions described in sections 1(2A) and (2B);”
This amendment would ensure that the affirmative parliamentary procedure will apply to regulations under Clause 1(2A), that is renewal regulations.
131
Baroness Lawlor (Con)Clause 11, page 11, line 10, at end insert—
“(za) provision described in section 2(7A);”
This amendment would ensure that the affirmative parliamentary procedure will apply to regulations under Clause 2(7A), that is regulations incorporating EU law into UK law.
7
Lord Foster of Bath (LD)Clause 1, page 1, line 12, at end insert—
“(2A) The Secretary of State may also by regulation make provision in relation to the marketing or use of certain products, or categories or groups of product, that present a high risk (known or emerging) to consumer health and safety, for the purpose of reducing or mitigating the risk presented by products.
(2B) A product regulated under subsection (2A) is a “high risk product” for the purposes of the Act and may be referred to as such in regulations.
(2C) Regulations made under subsection (2A) apply to products where—
(a) there is a presumption of serious risk under the Product Safety Risk Assessment Methodology, or
(b) it can be reasonably foreseen that a product would be categorised as either high or serious risk if assessed under the Product Safety Risk Assessment Methodology.
(2D) Regulations made under subsection (2A) must have regard to—
(a) risk analysis conducted according to the Product Safety Risk Assessment Methodology,
(b) information from the UK Product Safety Database,
(c) relevant indicators or evidence from accident or incident data,
(d) consultation with expert product safety groups, or
(e) other criteria determined as necessary by the Secretary of State.
(2E) A product regulated under subsection (2A) which is intended for the UK market must be assessed by a UK Market Conformity Assessment Body and be CE or UKCA marked.”
This amendment aims to enhance consumer protection and safety by simplifying the identification of high risk products and enable the Secretary of State to, by regulation, establish additional safety requirements for products that are deemed to be high risk.
8
Baroness Lawlor (Con)Clause 1, page 1, line 12, at end insert—
“(2A) Regulations made under the provisions of subsections (1) and (2) cease to have effect at the end of the period of one year beginning on the day on which this Act is passed.
(2B) Further regulations may be made under subsections (1) and (2).
(2C) Regulations made under the provisions of subsection (2B) cease to have effect at the end of the period of one year beginning on the day on which they are made.
(2D) Before laying new regulations under subsection (2A) the Secretary of State must consult on, and publish an assessment of—
(a) the environment impact,
(b) the economic impact, and
(c) the political and constitutional impact
of the regulations.”
This amendment ensures that such changes in law receive properly informed parliamentary scrutiny and approval.
9
Baroness Lawlor (Con)Clause 1, page 1, line 12, at end insert—
“(2A) The Secretary of State may not make regulations under subsection (2) that will disadvantage the United Kingdom or its trade under—
(a) the Comprehensive and Progressive Agreement for Trans-Pacific Partnership,
(b) the Japan Economic Comprehensive Partnership Agreement,
(c) the UK-Canada Trade Continuity Agreement,
(d) the UK-Australia Free Trade Agreement,
(e) the UK-New Zealand Free Trade Agreement, or
(f) other trade treaties to which the United Kingdom is a signatory.”
This amendment aims to ensure that the UK is not disadvantaged in its existing trade treaties as a result of the provisions contained in Clause 1.
108
Lord Foster of Bath (LD)After Clause 7, insert the following new Clause—
“Information requirements: restrictions
(1) An information requirement does not require a person to give a relevant authority or an inspector information to the extent that requiring the person to do so would involve an infringement of the privileges of either House of Parliament.
(2) An information requirement does not require a person to give a relevant authority or an inspector information in respect of a communication which is made—
(a) between a professional legal adviser and the adviser's client, and
(b) in connection with the giving of legal advice to the client with respect to obligations, liabilities or rights under product regulations or metrology regulations.
(3) An information requirement does not require a person to give a relevant authority or an inspector information in respect of a communication which is made—
(a) between a professional legal adviser and the adviser's client or between such an adviser or client and another person,
(b) in connection with or in contemplation of proceedings under or arising out of product regulations or metrology regulations, and
(c) for the purposes of such proceedings.
(4) In subsections (2) and (3), references to the client of a professional legal adviser include references to a person acting on behalf of the client.
(5) An information requirement does not require a person to provide a relevant authority or an inspector with information if doing so would, by revealing evidence of the commission of an offence expose the person to proceedings for that offence.
(6) The reference to an offence in subsection (5) does not include an offence under—
(a) product regulations or metrology regulations;
(b) section 5 of the Perjury Act 1911 (false statements made otherwise than on oath);
(c) section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath);
(d) Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statutory declarations and other false unsworn statements).
(7) An oral or written statement provided by a person in response to an information requirement may not be used in evidence against that person on a prosecution for an offence under product regulations or metrology regulations (other than an offence specified in subsection (8)) unless in the proceedings—
(a) in giving evidence the person provides information inconsistent with the statement, and
(b) evidence relating to the statement is adduced, or a question relating to it is asked, by that person or on that person's behalf.
(8) The offences specified in this subsection are—
(a) an offence created under product regulations by virtue of section 3(7)(d), and
(b) an offence created under metrology regulations by virtue of section 6(7)(d).
(9) In this section an “information requirement” is any requirement of a person to comply with the exercise by a relevant authority or an inspector—
(a) under product regulations of the power conferred by section 3(4)(b)(iii) or (iiia), or
(b) under metrology regulations of the power conferred by section 6(4)(b)(iii) or (iiia).”
This new Clause is a probing amendment for restrictions on information requirements.
After Clause 2, insert the following new Clause- "Duty on online marketplaces Product regulations must be made that require the persons described in section 2(3)(d) to ensure that products sold on their platform to customers in the United Kingdom meet United Kingdom product safety standards.”
The Schedule, page 12, line 20, at end insert - "8A Civilian products which the Secretary of State has deemed to pose a national security threat.”
52
Lord Holmes of Richmond (Con)After Clause 2, insert the following new Clause—
“Review of product regulations and supply chains
(1) On the day on which this Act is passed, the Secretary of State must initiate a review of all product regulations and standards as they pertain to supply chains.
(2) The review must assess how product regulations align with the principles of traceability, transparency and trust.
(3) The review must recommend a new supply chain standard to take into account factors including the supply chain of a product’s—
(a) environmental impact;
(b) transparency and traceability, in real time, of products, financial, trade and legal documents.”
53
Lord Holmes of Richmond (Con)After Clause 2, insert the following new Clause—
“Review of large language models
(1) On the day on which this Act is passed, the Secretary of State must commence a review to consider the introduction of standards for large language models which operate and generate revenue in the United Kingdom as a condition of market access.
(2) The review must consider the applicability of similar standards, such as those that already exist in industries such as pharmaceuticals, food and drinks.
(3) The review must also consider the Copyright, Designs and Patents Act 1988, and whether there is a need for legislative clarity under section 27 of that Act about whether large language models constitute an “article”.”
54
Lord Holmes of Richmond (Con)After Clause 2, insert the following new Clause—
“AI-product regulations
On the day on which this Act is passed, the Secretary of State must commence a review of all product regulations to assess their ability to address opportunities and challenges presented by all forms of artificial intelligence.”
31
Baroness Crawley (Lab)Clause 2, page 3, line 14, at end insert—
“(ea) a person who controls fulfilment houses in the United Kingdom;”
32
Baroness Finlay of Llandaff (XB)Clause 2, page 3, line 14, at end insert—
“(ea) a private individual who markets a product on an online marketplace, including where that product is given away for free;”
This amendment seeks to prevent potentially dangerous products from being distributed by individuals on second-hand marketplaces.
75
Lord Holmes of Richmond (Con)After Clause 4, insert the following new Clause—
“Product labelling and AI
(1) The Secretary of State must lay before Parliament a statutory instrument containing regulations requiring the labelling of products manufactured by, or containing, artificial intelligence (AI) within six months of the day on which this Act is passed.
(2) The labelling must include—
(a) health warnings;
(b) opportunities to give or withhold informed consent;
(c) a quick-response (QR) code, which links to a website listing—
(i) the data used in the training of the AI, and
(ii) the power and water consumption used in the development of the AI as it relates to the product.
(3) Regulations made under subsection (1) must ensure that all such products are labelled within 12 months of the day on which this Act is passed.”
76
Lord Holmes of Richmond (Con)After Clause 4, insert the following new Clause—
“Labelling of AI-generated music
From the day on which this Act is passed, all music generated by artificial intelligence (AI) applications must be identified as such to alert consumers to the nature of the music.”
77
Lord Holmes of Richmond (Con)After Clause 4, insert the following new Clause—
“Labelling of AI generated content
After section 36(1) of the Consumer Rights Act 2015, insert—
“(1A) Subsection (1) specifically includes the labelling of digital content generated by artificial intelligence.””
78
Lord Holmes of Richmond (Con)After Clause 4, insert the following new Clause—
“Products based on personal data
(1) The Secretary of State must, within six months of the day on which this Act is passed, make regulations to ensure no product or content that constitutes a product under this Act which uses an individual’s image, likeness or personality rights without that individual’s express consent can be developed, deployed, marketed or sold.
(2) The right in subsection (1) includes but is not limited to an individual’s name, face, voice or any physical characteristic.”
79
Lord Holmes of Richmond (Con)After Clause 4, insert the following new Clause—
“Inclusive by design principle for products
(1) On the day on which this Act is passed the Secretary of State must commence a consultation to develop an Inclusive by Design (IBD) standard for all products developed or marketed in the UK, to be implemented within 12 months of the day on which this Act is passed.
(2) The standard must include a mark on all products, physically or electronically, to demonstrate compliance with the IBD standard.
(3) Any product development or update to a product must comply with the IBD standard.
(4) The Secretary of State must ensure by regulations that any update which renders an existing accessible product inaccessible as a result of that update will immediately trigger an investigation and potential sanctions as determined by regulations.”
99
Lord Holmes of Richmond (Con)After Clause 6, insert the following new Clause—
“Consultation on metrology regulations in relation to AI
(1) On the day on which this Act is passed the Secretary of State must launch a consultation on a metrology standard for artificial intelligence (AI).
(2) The consultation must consider developing units of measurement around units of—
(a) power, water and compute power per AI model developed and trained,
(b) power per AI query,
(c) water per AI query, and
(d) computer power per query.”
100
Lord Holmes of Richmond (Con)After Clause 6, insert the following new Clause—
“Consultation on metrology regulations in relation to AI search functions
(1) On the day on which this Act is passed, the Secretary of State must launch a consultation on a metrology standard for artificial intelligence search functions.
(2) The consultation must consider developing units of measurement around units of—
(a) power per search query,
(b) water per search query, and
(c) computer power per search query.”
101
Lord Holmes of Richmond (Con)After Clause 6, insert the following new Clause—
“Consultation on metrology regulations
(1) On the day on which this Act is passed, the Secretary of State must launch a consultation on a new metrology standard for the power usage of data centres.
(2) The consultation must seek views on the effectiveness of the current power usage efficiency measure.”
13
Lord Fox (LD) - Liberal Democrat Lords Spokesperson (Business)Clause 1, page 2, line 3, at end insert “or intangible item that results from a method of production including operating systems and internet-connected products”
This amendment is intended to probe whether operating systems and internet-connected products would be covered by the provisions of the Act.
14
Lord Holmes of Richmond (Con)Clause 1, page 2, line 6, after “item” insert “, and includes production reliant on software or artificial intelligence”
63
Lord Foster of Bath (LD)Clause 3, page 4, line 18, at end insert—
“(iiia) power to require a person to attend an interview to answer questions;”
This amendment would expand enforcement powers for a relevant authority appointed under the Act to allow interview notices to be given.
74
Baroness Ritchie of Downpatrick (Lab)After Clause 4, insert the following new Clause—
“Products: artificial intelligence risk assessment
(1) Where a product or digital product contains or relies on an AI system the provider of the product or digital product must carry out a specific risk assessment relating to the impact of the AI system on the product or digital product’s functioning and use in particular in relation to the following—
(a) the risks identified in section 1(4),
(b) the risks to equality of treatment of individuals, and
(c) the risks to the privacy of individuals and security of personal information.
(2) Without prejudice to any obligations in any other enactment, the provider of a product or a digital product must take reasonable steps to reduce, mitigate or manage the relevant risks resulting from the inclusion of the AI system in the product or digital product.”
87
Lord Foster of Bath (LD)Clause 6, page 6, line 40, at end insert—
“(iiia) power to require a person to attend an interview to answer questions;”
This amendment would expand enforcement powers for a relevant authority appointed under the Act to allow interview notices to be given.
98
Baroness Crawley (Lab)After Clause 6, insert the following new Clause—
“Fulfilment houses
(1) Fulfilment houses in the United Kingdom must ensure that products within their purview and facilities comply with all of the necessary metrology and product safety regulations made under this Act.
(2) Fulfilment houses in the United Kingdom must retain detailed records demonstrating their compliance with product regulations and must cooperate with market surveillance authorities when an inspection or investigation is commenced.
(3) In this Act,
“fulfilment houses” means businesses that store, pack, or distribute products on behalf of third-party sellers that may or may not be based in the United Kingdom.”
This amendment includes and defines fulfilment houses under product safety laws, making them responsible for regulatory compliance of stored products. By ensuring these intermediaries uphold safety standards, the amendment closes a critical gap in the supply chain and protects consumers from non-compliant goods from third-party sellers.
114
Baroness Ritchie of Downpatrick (Lab)Clause 10, page 9, line 36, at end insert—
““AI system” means a machine-based system that can, for a given set of human-defined explicit or implicit objectives, infer, from the input it receives, how to generate outputs such as make predictions, content, recommendations, or decisions that can influence physical real or virtual environments, irrespective of its levels of autonomy and adaptiveness after deployment;”
This amendment defines a term used in a proposed new Clause inserted by another amendment in the name of Baroness Ritchie.
116
Baroness Ritchie of Downpatrick (Lab)Clause 10, page 9, line 38, at and insert—
““digital product” means data which are supplied or available for use in digital form;”
This amendment defines a term used in a proposed new Clause inserted by another amendment in the name of Baroness Ritchie.
Clause 1, page 2, line 15, after “labelling” insert “, installation"
Clause 2, page 3, line 12, at end insert — "(da) controls fulfilment houses in the United Kingdom;”
Clause 10, page 10, leave out lines 24 and 25 and insert “which facilitates the supplying or marketing of products for distribution in or use on the market in the United Kingdom;
Clause 1, page 2, line 15, after “labelling” insert “, installation"
Clause 2, page 3, line 12, at end insert — "(da) controls fulfilment houses in the United Kingdom;”
Clause 10, page 10, leave out lines 24 and 25 and insert “which facilitates the supplying or marketing of products for distribution in or use on the market in the United Kingdom;
Clause 1, page 2, line 15, after “labelling” insert “, installation"
Clause 2, page 3, line 12, at end insert — "(da) controls fulfilment houses in the United Kingdom;”
Clause 10, page 10, leave out lines 24 and 25 and insert “which facilitates the supplying or marketing of products for distribution in or use on the market in the United Kingdom;
Clause 1, page 2, line 15, after “labelling” insert “, installation"
Clause 2, page 3, line 12, at end insert — "(da) controls fulfilment houses in the United Kingdom;”
Clause 10, page 10, leave out lines 24 and 25 and insert “which facilitates the supplying or marketing of products for distribution in or use on the market in the United Kingdom;
Clause 1, page 2, line 15, after “labelling” insert “, installation"
Clause 2, page 3, line 12, at end insert — "(da) controls fulfilment houses in the United Kingdom;”
Clause 10, page 10, leave out lines 24 and 25 and insert “which facilitates the supplying or marketing of products for distribution in or use on the market in the United Kingdom;
Clause 1, page 2, line 15, after “labelling” insert “, installation"
Clause 2, page 3, line 12, at end insert — "(da) controls fulfilment houses in the United Kingdom;”
Clause 10, page 10, leave out lines 24 and 25 and insert “which facilitates the supplying or marketing of products for distribution in or use on the market in the United Kingdom;
Clause 1, page 2, line 15, after “labelling” insert “, installation"
Clause 2, page 3, line 12, at end insert — "(da) controls fulfilment houses in the United Kingdom;”
Clause 10, page 10, leave out lines 24 and 25 and insert “which facilitates the supplying or marketing of products for distribution in or use on the market in the United Kingdom;
27
Lord Foster of Bath (LD)Clause 2, page 2, line 43, at end insert—
“(l) the technical systems in which products regulated under the Act are installed including, but not limited to, extending third party safety certification requirements to the system as a whole.”
This amendment ensures that regulations include the technical system in which a product regulated under the Act is installed.
28
Baroness Bennett of Manor Castle (Green)Clause 2, page 2, line 43, at end insert—
“(l) the environmental impact of products, including but not limited to carbon footprint, recyclability, ease of repair, and expected lifespan.”
This amendment would expressly allow the government to specify environmental criteria for product requirements.
34
Lord Fox (LD) - Liberal Democrat Lords Spokesperson (Business)Clause 2, page 3, line 26, at end insert—
“(d) the licensing of voluntarily committed standard essential patents which protect technology essential for implementing technical standards;
(e) limiting the remedies available when a patent mentioned in paragraph (d) is enforced.”
This amendment seeks to ensure that essential software for regulated products which relies on standard-essential patents (SEPs) is shielded from unfair legal abuse.
35
Lord Lansley (Con)Clause 2, page 3, line 26, at end insert—
“(d) the availability of standard essential patents that protect technology essential for implementing a technical standard.”
70
Lord Foster of Bath (LD)Clause 3, page 5, line 26, at end insert—
“(12) An action for damages may be brought against the provider of an online marketplace by a consumer who suffers loss as a result of the provider's non-compliance with product regulations made under this Act.
(13) Subject to (12), if a consumer has, in relation to the purchase of a product completed through an online marketplace, any claim against—
(a) a manufacturer,
(b) importer,
(c) distributor, or
(d) an authorised representative of a person in (a) to (c)
they shall have a like claim against the provider of the online marketplace who, with the manufacturer, importer, distributor or authorised representative, shall be jointly and severally liable.
(14) Subsection (12) applies to claims in respect of non-compliance with a product requirement made in product regulations under this Act.
(15) Subject to any agreement between them, the provider of an online marketplace shall be entitled to be indemnified by the manufacturer, importer, distributor or authorised representative for the loss suffered by the provider of the online marketplace in satisfying its liability under subsection (12), including costs it reasonably incurs in defending proceedings instituted by the consumer.
(16) In an action brought against the provider of an online marketplace under subsection (12), the provider shall be entitled, in accordance with rules of court, to have the manufacturer, importer, distributor or authorised representative made a party to the proceedings.”
The amendment allows a consumer to bring a claim against an online marketplace for the non-compliance by other economic operators with their own regulatory obligations, for products purchased from the online marketplace platform which have caused harm.
49
Lord Foster of Bath (LD)After Clause 2, insert the following new Clause—
“Duty on online marketplaces to comply with lithium-ion safety
(1) Product regulations must be made that require the persons described in section 2(3)(d) to take reasonable steps to ensure that products containing lithium-ion sold on their platform to customers in the United Kingdom comply with United Kingdom safety standards.
(2) Regulations made to enforce the duty under subsection (1) must include, but are not limited to, requiring sellers to acquire third party safety certification for products containing lithium-ion.”
50
Baroness Bennett of Manor Castle (Green)After Clause 2, insert the following new Clause—
“Circular economy principles
(1) Product regulations under section 1 must include provision to promote circular economy principles for products, including but not limited to—
(a) design for durability, reusability, and recyclability;
(b) use of recycled and sustainably sourced materials;
(c) ease of repair and availability of spare parts;
(d) modularity and upgradability of products;
(e) take-back schemes and end-of-life management;
(f) measuring and comparing lifetime environmental impact.
(2) The Secretary of State must issue guidance on implementing circular economy principles in product design and manufacturing within 12 months of the day on which this Act comes into force.
(3) The Secretary of State must review and update the guidance under subsection (2) at least once every 3 years.”
This amendment would require the government to promote circular economy principles within product regulations.
51
Baroness Bennett of Manor Castle (Green)After Clause 2, insert the following new Clause—
“Chemical regulation
(1) The Secretary of State must, by regulations under section 1, make provision that corresponds to any provision of EU law concerning chemicals which would reduce or mitigate the environmental impact of products.
(2) Regulations under subsection (1) relating to any relevant provisions made by the EU between 31 December 2020 and the day on which this Act is passed must be made within twelve months of the day on which this Act is passed.
(3) Regulations under subsection (1) relating to relevant EU provisions made after the day on which this Act is passed must be made within twelve months of the day on which the EU made provision in that area.
(4) In this Act—
“EU law concerning chemicals” means EU provisions made through the EU Registration, Evaluation, Authorization and Restriction of Chemicals process, known as REACH.”
This amendment would require the Secretary of State to use powers given through the Bill to align UK chemical regulation with the EU, raising environmental standards and removing a barrier to trade.
85
Baroness Crawley (Lab)Clause 6, page 6, line 30, at end insert—
“(e) conducting inspections on a regular basis of goods available for sale or supply within the United Kingdom,
(f) inspecting and testing weighing and measuring instruments,
(g) investigating complaints relating to suspected breaches of metrology regulations, and
(h) taking necessary enforcement action, including the issuing of notices and penalties where breaches are identified.”
This amendment enables relevant authorities in Great Britain and Northern Ireland to enforce metrology regulations. By empowering these authorities to inspect, test, investigate, and act, it ensures accurate measurement standards for consumer protection and boosts confidence in commercial transactions.
97
Baroness Crawley (Lab)After Clause 6, insert the following new Clause—
“Regulations: precautionary principle
(1) Any product regulations or regulations consequential to such regulations made under the provisions of this Act must take due account of the precautionary principle and must be interpreted as far as possible in a manner which is compatible with the need to take due account of that principle.
(2) Any product regulations or regulations consequential to such regulations may not be made under the provisions of this Act unless the Secretary of State is satisfied that those regulations do not weaken or reduce existing levels of consumer protection and regulatory standards in relation to products, including with regard to enforcement.”
This amendment inserts safeguards to ensure non-regression from existing legal protections, as well as providing for the due consideration of the precautionary principle when scientific evidence about a possible risk may not yet be fully available but there is a need to be cautious given the potentially serious consequences for the safety of individuals.
105
Baroness Finlay of Llandaff (XB)Clause 7, page 8, line 5, leave out “may” and insert “must”
This probing amendment seeks to ensure that regulations must make provision for sharing information about unsafe products with the emergency services, for the purposes of safety messaging or prevention campaigns.
106
Lord Fox (LD) - Liberal Democrat Lords Spokesperson (Business)Clause 7, page 8, line 15, at end insert—
“(d) coroners, medical examiners or procurators fiscal investigating the causes of deaths in England, Wales, Scotland or Northern Ireland,
(e) the Office for National Statistics, National Records of Scotland or the Northern Ireland Statistics and Research Agency,
(f) bodies designated to make super-complaints on behalf of consumers pursuant to section 11 of the Enterprise Act 2002 (super-complaints to OFT),
(g) NHS England,
(h) the Royal College of Emergency Medicine,
(i) other bodies specified by the Secretary of State which play a role in representing the public interest in relation to reducing the risks presented by products,
(j) persons conducting academic research into the extent, causes or reduction of harm arising from or potentially associated with the use of products, or
(k) bodies or persons performing roles comparable to those in paragraphs (a) to (h) in this subsection in the European Union, OECD or individual member states of either of those organisations.”
The amendment ensures that the information sharing provisions of the Act apply to more bodies responsible for investigating harms and deaths caused by products.
109
Baroness Crawley (Lab)Clause 8, page 9, line 17, at end insert—
“(4) Fees collected under subsection (1) must be ringfenced and allocated to local trading standards authorities.”
This amendment reserves fees collected for the purposes of cost recovery for local trading standards authorities, ensuring funds are dedicated to effective enforcement. This financial support would boost trading standards authorities’ ability to maintain regulatory compliance and enhance consumer safety across the UK.
5
Baroness Bennett of Manor Castle (Green)Clause 1, page 1, line 9, leave out subsection (2) and insert—
“(2) The Secretary of State may also by regulations make provision, in relation to the marketing or use of products in the United Kingdom, for the purpose of—
(a) reducing or mitigating the environmental impact of products;
(b) promoting sustainable production and consumption;
(c) advancing circular economy principles;
(d) meeting or exceeding environmental standards set by relevant EU law or other international best practices.”
This amendment expressly allows the government to exceed EU environmental standards, and adds circular economy principles to the face of the Bill.
Clause 1, page 2, line 3, after “production” insert “or intangible item that results from a method of production including operating systems and internet-connected products”
Clause 1, page 2, line 15, after “labelling” insert “, installation"
Clause 3, page 4, line 32, at end insert- “(e) secure redress for consumers for losses suffered in connection with non-compliance with product regulations."
Clause 3, page 5, line 26, at end insert- "(12) The relevant authority designated under subsection (6)(e) may by notice require that the provider of the online marketplace concerned – (a) determine what redress should be paid to affected consumers, and (b) pay the redress to affected consumers. (13) Subsection (12) applies if — (a) it appears to the relevant authority that there may have been a widespread failure by a manufacturer, importer or distributor, or the authorised representative of such a person, to comply with product regulations, in connection with one or more products purchased by consumers through an online marketplace, (b) it appears to the relevant authority that, as a result of any failure in paragraph (a), consumers may have suffered (or may suffer) loss or damage in respect of which, if they brought legal proceedings under section (12), a remedy or relief would be available in the proceedings, and (c) the relevant authority considers that it is desirable to issue a notice under section 3(6)(e) for the purpose of securing that redress is made to the consumers in respect of that failure (having regard to the other ways in which consumers may obtain redress). (14) Before requiring redress to be paid under subsection (13), the relevant authority must- (a) investigate the suspected non-compliance with product regulations, and (b) have regard to the nature and extent of the losses or damage in question.”
23
Baroness Finlay of Llandaff (XB)Clause 2, page 2, line 42, at end insert “and emergency services”
This amendment is intended to ensure regulated marketplaces co-operate with emergency services (where appropriate) to protect consumers from unsafe products.
71
Baroness Crawley (Lab)After Clause 3, insert the following new Clause—
“Liability and redress for unsafe or defective products
The Secretary of State may by regulations make provision for—
(a) the extension of liability for unsafe or defective products to online marketplaces and any other persons within the scope of section 2(3);
(b) the disclosure of evidence in relation to claims for compensation or other rights of action in law for harm caused by unsafe or defective products and presumptions of liability that may arise accordingly;
(c) proceedings, including collective proceedings, to ensure redress for consumers or other individuals suffering harm as a result of unsafe or defective products made available in breach of requirements imposed under powers given by this Act.”
This amendment allows the Secretary of State to make regulations providing for liability of online marketplaces for defective and unsafe products, and to ensure that those suffering harm from unsafe or defective products can obtain redress.
48
Baroness Crawley (Lab)After Clause 2, insert the following new Clause—
“Duties of online marketplaces
(1) Without prejudice to the generality of any other powers or duties conferred by this Act, the Secretary of State must by regulations make provision about requirements that must be met by a person mentioned in section 2(3)(d), including regarding duties—
(a) to operate an online marketplace using effective systems and processes designed to monitor for, and identify, products presenting risks to consumers or other individuals and prevent such products being made available on or through the online marketplace;
(b) to cooperate with relevant authorities, with other persons mentioned in subsection 2(3) or any other relevant persons, to facilitate any action taken to eliminate or, if that is not possible, to mitigate the risks presented by a product that is or was made available on or through their online marketplace;
(c) to ensure that information regarding the identity and activities of persons marketing products on or through online marketplaces to consumers or other individuals is obtained and verified;
(d) to remove products presenting risks to consumers or other individuals from availability on or through an online marketplace as quickly as possible if alerted to their presence.
(2) Within three months from the day on which this Act is passed, the Secretary of State must publish and lay before Parliament a statement that sets out how the Secretary of State is exercising, or expects to exercise, the powers under subsection (1) regarding the proposed duties that must be met by a person mentioned in section 2(3)(d).”
This new Clause provides a non-exclusive list of duties that must be imposed upon online marketplaces by regulations made by the Secretary of State, and for a statement by the Secretary of State to be made to Parliament within 3 months of Royal Assent regarding the exercise of the duties conferred by this section.
96
Lord Fox (LD) - Liberal Democrat Lords Spokesperson (Business)After Clause 6, insert the following new Clause—
“Regard for United Kingdom Internal Market Act 2020
In exercising their functions under this Act, the Secretary of State must have regard to the provisions of Part 1 of the United Kingdom Internal Market Act 2020 (UK market access: goods).”
118
Baroness Crawley (Lab)Clause 10, page 10, line 19, after “service” insert “or feature of a service”
This amendment and others in the name of Baroness Crawley to Clause 10 would ensure that the definition of “online marketplace” for the purpose of imposing new product requirements is sufficiently wide to cover the many different types of platform and online services targeting users in the UK, and not be at risk of being subject to interpretation in a restrictive way.
119
Baroness Crawley (Lab)Clause 10, page 10, line 20, at end insert “, in whole or in part”
This amendment and others in the name of Baroness Crawley to Clause 10 would ensure that the definition of “online marketplace” for the purpose of imposing new product requirements is sufficiently wide to cover the many different types of platform and online services targeting users in the UK, and not be at risk of being subject to interpretation in a restrictive way.
120
Baroness Crawley (Lab)Clause 10, page 10, line 22, after “platform” insert “, interface or software”
This amendment and others in the name of Baroness Crawley to Clause 10 would ensure that the definition of “online marketplace” for the purpose of imposing new product requirements is sufficiently wide to cover the many different types of platform and online services targeting users in the UK, and not be at risk of being subject to interpretation in a restrictive way.
121
Baroness Crawley (Lab)Clause 10, page 10, line 23, after “available” insert “digitally or”
This amendment and others in the name of Baroness Crawley to Clause 10 would ensure that the definition of “online marketplace” for the purpose of imposing new product requirements is sufficiently wide to cover the many different types of platform and online services targeting users in the UK, and not be at risk of being subject to interpretation in a restrictive way.
123
Baroness Crawley (Lab)Clause 10, page 10, line 24, after “marketing” insert “or supply”
This amendment and others in the name of Baroness Crawley to Clause 10 would ensure that the definition of “online marketplace” for the purpose of imposing new product requirements is sufficiently wide to cover the many different types of platform and online services targeting users in the UK, and not be at risk of being subject to interpretation in a restrictive way.
124
Baroness Crawley (Lab)Clause 10, page 10, line 24, leave out “in the United Kingdom”
This amendment and others in the name of Baroness Crawley to Clause 10 would ensure that the definition of “online marketplace” for the purpose of imposing new product requirements is sufficiently wide to cover the many different types of platform and online services targeting users in the UK, and not be at risk of being subject to interpretation in a restrictive way.
126
Baroness Crawley (Lab)Clause 11, page 10, line 37, at end insert—
“(1A) Before making regulations under this Act, the Secretary of State must publish such regulations in draft form and consult such persons as the Secretary of State considers appropriate on the draft regulations, including organisations representing the interests of consumers and other relevant organisations.”
This amendment requires the Secretary of State to conduct appropriate consultation on draft regulations made under this Act.
134
Lord Liddle (Lab)The Schedule, page 12, line 19, at end insert—
“7A Products and equipment for use in civil aviation.”
This amendment is intended to probe the Government’s position regarding the use of the powers in the Bill to regulate products used in civil aviation.
1
Lord Sharpe of Epsom (Con) - Shadow Minister (Business and Trade)Clause 1, page 1, line 3, leave out subsection (1)
This amendment seeks to remove the broad powers granted to the Secretary of State under product regulations, when defining and regulating risks and determining what constitutes efficient or effective product operation.
2
Lord Foster of Bath (LD)Clause 1, page 1, line 4, after “marketing” insert “, installation”
12
Baroness Crawley (Lab)Clause 1, page 2, line 3, leave out “item that results from a method of production” and insert “or intangible item, whether or not interconnected to other items, that results from a method of production, is supplied including in the context of providing a service, or made available on the market, whether in return for payment or free of charge”
This amendment would broaden the definition of items subject to the new regulatory framework of product regulation to ensure that all digital as well as non-digital products are within scope.
45
Baroness Brinton (LD) - Liberal Democrat Lords Spokesperson (Home Affairs) (Victims and Abuse)After Clause 2, insert the following new Clause—
“Obligations of private sellers under sections 1 and 2
The providers of online marketplaces used by private individuals are required to notify private sellers of their obligations under sections 1 and 2.”
This is a probing amendment, following the letter of Lord Leong dated 17 October 2024 (page 4), to understand whether true non-trading private sellers using online marketplaces such as eBay or Vinted will be covered by the provisions of Clause 2(3)(h) in particular.
47
Lord Hope of Craighead (XB)After Clause 2, insert the following new Clause—
“Product regulations: devolved administrations
(1) Product regulations may not be made until the Secretary of State has consulted the devolved administrations as to their impact and effect on the marketing and use of products in the areas within the United Kingdom over which they have legislative competence.
(2) The Secretary of State may by Regulations exclude the application of this Act to products to be marketed or used in areas within the United Kingdom over which the devolved administrations have legislative competence to enable effect to be given to an agreement that forms part of a common framework agreement.
(3) A “common framework agreement” is a consensus between a Minister of the Crown and one or more devolved administrations as to how devolved or transferred matters previously governed by EU law are to be regulated.”
This amendment ensures that devolved administrations are consulted before regulations are made under this Part of the Bill, and that common framework agreements receive the same protection to enable them to receive effect as they have under section 10 of the UK Internal Market Act 2020.
Clause 1, page 2, line 3, leave out “item that results from a method of production" and insert “or intangible item that results from a method of production including operating systems and internet-connected products"
After Clause 9, insert the following new Clause- "Regard for United Kingdom Internal Market Act 2020 In exercising their functions under this Act, the Secretary of State must have regard to the provisions of Part 1 of the United Kingdom Internal Market Act 2020 (UK market access: goods).”
33
Lord Jackson of Peterborough (Con)Clause 2, page 3, line 19, leave out paragraph (h)
This amendment deletes a paragraph to remove both broad Ministerial powers to compel any person to follow regulations in respect of any products, and the ambiguous term “activities”.
113
Lord Fox (LD) - Liberal Democrat Lords Spokesperson (Business)Clause 9, page 9, line 29, leave out subsection (4)
The amendment removes the power for consequential changes to be made by delegated legislation to Acts other than those specified, further to the concerns highlighted by the 2nd Report from the Delegated Powers and Regulatory Reform Committee (HL Paper 17), published on 15 October 2024.
Clause 2, page 3, line 19, at end insert — "(3A) The providers of online marketplaces used by private individuals are required to notify private sellers of their obligations under this Act."
After Clause 4, insert the following new Clause- "Product regulations: devolved administrations (1) Product regulations may not be made until the Secretary of State has consulted the devolved administrations as to their impact and effect on the marketing and use of products in the areas within the United Kingdom over which they have legislative competence. (2) The Secretary of State may by Regulations exclude the application of this Act to products to be marketed or used in areas within the United Kingdom over which the devolved administrations have legislative competence to enable effect to be given to an agreement that forms part of a common framework agreement. (3) A "common framework agreement" is a consensus between a Minister of the Crown and one or more devolved administrations as to how devolved or transferred matters previously governed by EU law are to be regulated."
65
Baroness Brinton (LD) - Liberal Democrat Lords Spokesperson (Home Affairs) (Victims and Abuse)Clause 3, page 4, line 20, at end insert—
“(4A) Within six months of the day on which this Act is passed, the Secretary of State must designate Trading Standards Offices as relevant authorities under subsection (1).
(4B) The Secretary of State must ensure that Trading Standards Offices operating under local authorities have the resources to enforce regulations under the Act, including, but not limited to, financial resources.”
The amendment ensures that Trading Standards Offices are designed as relevant authorities under the Act after a period or six months and have the resources, including financial, to enforce regulations under the Act.
69
Baroness Brinton (LD) - Liberal Democrat Lords Spokesperson (Home Affairs) (Victims and Abuse)Clause 3, page 5, line 6, leave out subsections (9) to (11)
This probing amendment seeks to ensure that new criminal offences, which would have consequences for the Ministry of Justice and the criminal justice system, are not created through new product regulations under the Act.
46
Earl of Lytton (XB)After Clause 2, insert the following new Clause—
“Construction product safety: regulations and requirements
(1) Within twelve months of the passing of this Act, the Secretary of State must, by regulations under section 1, make provision to reduce risks as defined in section 1(4) presented by construction products.
(2) For the purposes of this section, construction products include, but are not limited to, any components used in the construction of buildings, such as external cladding.
(3) Within twelve months of the passing of this Act, the Secretary of State must also make provision about construction product requirements by regulations under section 2.
(4) Regulations under subsection (3) must set out requirements for the production, use, marking, marketing, testing, approval and provision of information (including information about risk) of construction products.”
This amendment intends to probe whether the Secretary of State will use powers under sections 1 and 2 to regulate products used in construction.
91
Baroness Brinton (LD) - Liberal Democrat Lords Spokesperson (Home Affairs) (Victims and Abuse)Clause 6, page 7, line 24, leave out subsections (9) to (11)
This probing amendment seeks to ensure that new criminal offences, which would have consequences for the Ministry of Justice and the criminal justice system, are not created through new metrology regulations under the Act.
92
Lord Jackson of Peterborough (Con)Clause 6, page 7, line 30, at end insert—
“(9A) At least 30 days before making provisions as described in subsection (9), the Secretary of State must place in the library of both Houses an Explanatory Memorandum, outlining why such changes are necessary to meet the requirements in section 1(1) of the Act.”
This amendment creates a presumption that any changes to regulations in respect of criminal offences arising from non compliance will be subject to appropriate Parliamentary scrutiny and oversight.
107
Baroness Brinton (LD) - Liberal Democrat Lords Spokesperson (Home Affairs) (Victims and Abuse)Clause 7, page 8, line 20, leave out paragraph (d)
This probing amendment seeks to ensure that new criminal offences, which would have consequences for the Ministry of Justice and the criminal justice system, are not created through new information sharing regulations under the Act.
16
Lord Fox (LD) - Liberal Democrat Lords Spokesperson (Business)Clause 1, page 2, line 13, at end insert—
“(c) EU REACH regulation restrictions that are applied to the manufacture, placing on the market, and use of certain chemicals to mitigate unacceptable risks to human health or the environment;”
The amendment ensures that EU REACH regulations covering certain chemicals are included in the Bill.
After Clause 1, insert the following new Clause- “Replication of EU law (1) Where equivalent or similar EU law exists in relation to relevant product regulations the Secretary of State must, when making provision under section 1, make provisions to equivalent effect as such EU law, except where subsection (2) applies. (2) If the Secretary of State does not believe replication of relevant EU law to be in the interests of the United Kingdom, they must make an assessment of the appropriate differences and provide for those differences by regulations.
After Clause 4, insert the following new Clause- "Regulations relating to lithium-ion batteries (1) The Secretary of State must lay before Parliament a statutory instrument containing regulations relating to lithium-ion batteries within six months of the passing of this Act. (2) Before laying the statutory instrument referred to in subsection (1), the Secretary of State must consult with the relevant statutory consultees including the fire services, and with relevant consumer, industry, manufacturing and trade bodies.”
44
Baroness Brinton (LD) - Liberal Democrat Lords Spokesperson (Home Affairs) (Victims and Abuse)After Clause 2, insert the following new Clause—
“Regulations relating to lithium-ion batteries
(1) The Secretary of State must lay before Parliament a statutory instrument containing regulations relating to lithium-ion batteries within six months of the passing of this Act.
(2) Before laying the statutory instrument referred to in subsection (1), the Secretary of State must consult with the relevant statutory consultees including the fire services, and with relevant consumer, industry, manufacturing and trade bodies.”
The amendment seeks to clarify the issues relating to the regulation of lithium-ion batteries, including the increasing numbers of fires, deaths and injuries as a result of lithium-ion batteries.
Clause 2, page 3, line 19, at end insert- "(3A) The providers of online marketplaces used by private individuals are required to notify private sellers of their obligations under this Act.”
30
Lord Fox (LD) - Liberal Democrat Lords Spokesperson (Business)Clause 2, page 2, line 43, at end insert—
“(2A) Product regulations must include requirements in relation to an environmental impact assessment, and provisions related to the right to repair and the circular economy.”
This amendment guarantees that future regulations under the Act will include provisions which relate to the circular economy and granting consumers the right to repair products.
38
Lord Lansley (Con)Clause 2, page 3, line 37, at end insert—
“(7A) Provision made in reliance on subsection (1) may (among other things) identify product requirements by reference to international agreements or standards relating to the marketing or use of products, including agreements or standards as they have effect from time to time.”
This amendment would enable product requirements to by met by reference to international standards.
43
Lord Lansley (Con)After Clause 2, insert the following new Clause—
“International standards for products
(1) The Secretary of State must commission a strategy from the Office for Product Safety and Standards for the delivery of international standards appropriate to the product requirements for the marketing or use of products.
(2) The Secretary of State must publish the strategy prepared in accordance with subsection (1).
(3) The Secretary of State and the Office for Product Safety and Standards may consult whoever they consider appropriate in preparing, publishing, and implementing the strategy under subsection (1).”
133
Lord Fox (LD) - Liberal Democrat Lords Spokesperson (Business)Clause 11, page 11, line 18, at end insert—
“(6) A Minister of the Crown may not make a statutory instrument containing regulations until—
(a) a document containing a proposal for those regulations has been laid before Parliament,
(b) the document has been referred to a Joint Committee of both Houses, and
(c) a period of at least 40 days has elapsed after that referral, not including any period during which Parliament is dissolved or prorogued, or either House is adjourned for more than four days.
(7) If the Joint Committee referred to in subsection (6), after considering any regulations laid under this subsection, finds that—
(a) the regulations represent a substantive change to product or metrology law, or
(b) the Minister of the Crown has not carried out public consultation lasting at least six weeks before laying the document before Parliament,
a Minister of the Crown must table a motion for resolution in each House of Parliament to approve the instrument before the period in subsection (6)(c) elapses.”
This amendment ensures that regulations under the Act be referred to a Joint Committee of both Houses for review. Should the Committee deem it necessary, such as when the regulations represent a significant departure from existing law, it would have the authority to refer the instruments to a process requiring Parliamentary approval.
[Withdrawn]
After Clause 2, insert the following new Clause—
“Duty on online marketplaces
Product regulations must be made that require the persons described in section 2(3)(d) to ensure that products sold on their platform to customers in the United Kingdom meet United Kingdom product safety standards.”
The amendment ensures that online marketplaces have a duty to ensure that products sold by third parties on their platform are safe for consumers.
135
Lord Fox (LD) - Liberal Democrat Lords Spokesperson (Business)[Withdrawn]
The Schedule, page 12, line 20, at end insert—
“8A Civilian products which the Secretary of State has deemed to pose a national security threat.”
This probing amendment disapplies civilian products deemed to pose a threat to national security from the provisions of the Act, with the intention of seeking to understand the Government’s position on product regulation in this area.
Clause 1, page 2, line 3, leave out “item that results from a method of production" and insert “or intangible item that results from a method of production including operating systems and internet-connected products"
Clause 2, page 2, line 43, after “representatives” insert, “including requirements related to the acceptance of liability by such representatives and the financial strength necessary to do so"
24
Lord Lucas (Con)Clause 2, page 2, line 43, at end insert “including requirements related to the acceptance of liability by such representatives and the financial strength necessary to do so”
36
Lord Frost (Non-affiliated)Clause 2, page 3, line 34, leave out “EU” and insert “foreign”
This and other amendments in the name of Lord Frost open up the possibility of defining product regulations by relation to the laws of countries other than the European Union, require the justification of decisions to limit any such reference to the laws of one territory only, and prevent regulations providing for dynamic alignment to relevant foreign laws.
37
Lord Frost (Non-affiliated)Clause 2, page 3, line 37, at end insert—
“(7A) Any regulations under subsection (7) which specify a relevant foreign law must specify that the foreign law referred to is that which is in application on a particular date, which must be specified.”
This and other amendments in the name of Lord Frost open up the possibility of defining product regulations by relation to the laws of countries other than the European Union, require the justification of decisions to limit any such reference to the laws of one territory only, and prevent regulations providing for dynamic alignment to relevant foreign laws.
42
Lord Frost (Non-affiliated)Clause 2, page 3, line 40, at end insert—
“(9) Before making provision described in subsection (7), the Secretary of State must make an explanatory statement if the provision relates to relevant foreign law of only one of the markets listed in the definition of “relevant foreign law” in section 1(5).”
This and other amendments in the name of Lord Frost open up the possibility of defining product regulations by relation to the laws of countries other than the European Union, require the justification of decisions to limit any such reference to the laws of one territory only, and prevent regulations providing for dynamic alignment to relevant foreign laws.
128
Lord Frost (Non-affiliated)Clause 11, page 11, line 10, at end insert—
“(za) provision described in section 2(7);”
This amendment would ensure that the affirmative parliamentary procedure will apply to regulations under Clause 2(7), that is, any regulations which include references to relevant foreign law.
4
Lord Frost (Non-affiliated)Clause 1, page 1, line 9, leave out subsection (2)
This amendment removes from the Bill a broadly-drawn power to align with EU environmental regulation.
15
Lord Frost (Non-affiliated)Clause 1, page 2, leave out lines 7 to 13 and insert—
““relevant foreign law” means law of one or more of the United States of America, Canada, Japan, the European Union, Switzerland, Australia, or New Zealand relating to standards, the marketing, or use of products in those markets, which are in force on a specific date and only that date, as specified in regulations;”
This and other amendments in the name of Lord Frost open up the possibility of defining product regulations by relation to the laws of countries other than the European Union, require the justification of decisions to limit any such reference to the laws of one territory only, and prevent regulations providing for dynamic alignment to relevant foreign laws.
93
Lord Fox (LD) - Liberal Democrat Lords Spokesperson (Business)After Clause 6, insert the following new Clause—
“Regulations: devolved administrations
The Secretary of State must consult with the devolved administrations on the impacts of regulations made under this Act.”
This amendment ensures that devolved administrations are consulted with regards to the impacts of regulations under the Act.
94
Lord Fox (LD) - Liberal Democrat Lords Spokesperson (Business)After Clause 6, insert the following new Clause—
“Regulations: international law
The Secretary of State, in making regulations under this Act, must have regard for current and future international law relating to product regulation and metrology, including, but not limited to, EU law.”
This amendment requires that new regulations made under the Act must have regard for current and future international product and metrology regulation.
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Lord Fox (LD) - Liberal Democrat Lords Spokesperson (Business)After Clause 6, insert the following new Clause—
“Regulations: consumer safety and sustainability
Regulations made under this Act must have regard for consumer safety and wellbeing, and environmental sustainability, with particular reference to the disposal of chemical and lithium-ion products.”
This amendment ensures that regulations under the Act have regard for consumer safety and wellbeing, and environmental sustainability.
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Lord Fox (LD) - Liberal Democrat Lords Spokesperson (Business)Clause 10, page 9, line 38, at end insert—
““circular economy” means that products are manufactured to minimise waste and maximise the use, reuse, and recyclability of products;”
This amendment clarifies the meaning of “circular economy” as it relates to another amendment in the name of Lord Fox.
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Lord Fox (LD) - Liberal Democrat Lords Spokesperson (Business)Clause 10, page 10, line 32, at end insert—
““right to repair” means the provision for manufacturers to conveniently sell replacement components for products they sell;”
This amendment clarifies the meaning of “right to repair” as it relates to another amendment in the name of Lord Fox.
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Lord Fox (LD) - Liberal Democrat Lords Spokesperson (Business)Clause 11, page 11, line 18, at end insert—
“(6) Every six months after the date on which this Act is passed, the Secretary of State must publish an assessment of the impact of all of the regulations made by virtue of subsection (3) which have been laid since the previous report.”
This amendment requires the Secretary of State to publish a report every 6 months detailing draft regulations under the Act, to inform Parliamentary and industry scrutiny of the regulations.
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Lord Foster of Bath (LD)Clause 3, page 4, line 20, at end insert—
“(4A) The Secretary of State must ensure that all authorities with enforcement powers under this Act have the capacity to enforce product and metrology regulations, including provisions described in subsection (3).”
The amendment places a duty on the Secretary of State to ensure that there is adequate capacity for relevant authorities to ensure the enforcement of product and metrology regulations.
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Lord Fox (LD) - Liberal Democrat Lords Spokesperson (Business)Clause 5, page 6, line 8, at end insert—
“(3A) Regulations under this section must have regard for the impact of metrology regulations on small and medium sized enterprises.”
The amendment ensures that new metrology regulations under the act have regard for impacts on small and medium sized enterprises.
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Lord Russell of Liverpool (XB)Clause 11, page 11, line 10, at end insert—
“(za) provision described in section (Replication of EU law)(2);”
3
Lord Fox (LD) - Liberal Democrat Lords Spokesperson (Business)Clause 1, page 1, line 6, leave out “or effectively” and insert “, effectively and safely”
The Amendment ensures that regulations relating to the marketing of use of products in the UK may have the purpose of ensuring that products are safe.
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Lord Russell of Liverpool (XB)After Clause 1, insert the following new Clause—
“Replication of EU law
(1) Where equivalent or similar EU law exists in relation to relevant product regulations the Secretary of State must, when making provision under section 1, make provisions to equivalent effect as such EU law, except where subsection (2) applies.
(2) If the Secretary of State does not believe replication of relevant EU law to be in the interests of the United Kingdom, they must make an assessment of the appropriate differences and provide for those differences by regulations.
(3) The Secretary of State must arrange for a statement to be made in Parliament on any decision not to replicate EU law under subsection (2) at least fourteen days before regulations are laid before Parliament.”
This amendment provides regulatory certainty for UK businesses by requiring a default of alignment with EU regulations and a process for parliamentary scrutiny if and where Ministers determined that divergence from such regulations would be in the best interests of the UK.
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Lord Lucas (Con)Clause 2, page 2, line 30, at end insert “with information including their origin, the identity of the local representative, their value and beneficial ownership”
This amendment will enable discussion of what information might usefully be marked on the product, such that the liability for regulations and charges can be clearly established.
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Lord Lucas (Con)Clause 2, page 2, line 43, at end insert—
“(l) the collection of tax and charges related to products.”
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Lord Lucas (Con)Clause 2, page 2, line 43, at end insert—
“(l) charging fees designed to recoup government costs in administering and enforcing product regulation under this Act.”
Clause 2, page 2, line 30, after “products” insert “with information including their origin, the identity of the local representative, their value and beneficial ownership"
Clause 2, page 2, line 43, after “representatives” insert, “including requirements related to the acceptance of liability by such representatives and the financial strength necessary to do so"