(1)In any civil proceedings by virtue of this Part against any person (“the person proceeded against”) in respect of a defect in a product it shall be a defence for him to show—
(a)that the defect is attributable to compliance with any requirement imposed by or under any enactment or with any [F1assimilated] obligation; or
(b)that the person proceeded against did not at any time supply the product to another; or
(c)that the following conditions are satisfied, that is to say—
(i)that the only supply of the product to another by the person proceeded against was otherwise than in the course of a business of that person’s; and
(ii)that section 2(2) above does not apply to that person or applies to him by virtue only of things done otherwise than with a view to profit; or
(d)that the defect did not exist in the product at the relevant time; or
(e)that the state of scientific and technical knowledge at the relevant time was not such that a producer of products of the same description as the product in question might be expected to have discovered the defect if it had existed in his products while they were under his control; or
(f)that the defect—
(i)constituted a defect in a product ( “the subsequent product”) in which the product in question had been comprised; and
(ii)was wholly attributable to the design of the subsequent product or to compliance by the producer of the product in question with instructions given by the producer of the subsequent product.
(2)In this section “the relevant time”, in relation to electricity, means the time at which it was generated, being a time before it was transmitted or distributed, and in relation to any other product, means—
(a)if the person proceeded against is a person to whom subsection (2) of section 2 above applies in relation to the product, the time when he supplied the product to another;
(b)if that subsection does not apply to that person in relation to the product, the time when the product was last supplied by a person to whom that subsection does apply in relation to the product.
Textual Amendments
F1Word in s. 4(1)(a) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 23