Consumer Protection Act 1987

12 Offences against the safety regulations. U.K.

(1) Where safety regulations prohibit a person from supplying or offering or agreeing to supply any goods or from exposing or possessing any goods for supply, that person shall be guilty of an offence if he contravenes the prohibition.

(2) Where safety regulations require a person who makes or processes any goods in the course of carrying on a business—

(a) to carry out a particular test or use a particular procedure in connection with the making or processing of the goods with a view to ascertaining whether the goods satisfy any requirements of such regulations; or

(b) to deal or not to deal in a particular way with a quantity of the goods of which the whole or part does not satisfy such a test or does not satisfy standards connected with such a procedure,

that person shall be guilty of an offence if he does not comply with the requirement.

(3) If a person contravenes a provision of safety regulations which prohibits or requires the provision, by means of a mark or otherwise, of information of a particular kind in relation to goods, he shall be guilty of an offence.

(4) Where safety regulations require any person to give information to another for the purpose of enabling that other to exercise any function, that person shall be guilty of an offence if—

(a) he fails without reasonable cause to comply with the requirement; or

(b) in giving the information which is required of him—

(i) he makes any statement which he knows is false in a material particular; or

(ii) he recklessly makes any statement which is false in a material particular.

(5) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding sixmonths or to a fine not exceeding level 5 on the standard scale or to both.

Modifications etc. (not altering text)

C1 S. 12 applied (N.I.)(1.12.1993) by S.R. 1993/412, reg. 19(3)

S. 12 applied (1.9.1993) by S.I. 1993/1746, reg. 18(3)

S. 12 applied (31.1.1995) by S.I. 1994/3247, art. 16(3)

C2 S. 12 applied (with mofifications) (N.I.) (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations (Northern Ireland) 2013 (S.R. 2013/206), regs. 2(2), 17(5) (with regs. 3, 19)

C3 S. 12 applied (with modifications) (E.W.S.) (1.6.2015) by The Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013 (S.I. 2013/1506), regs. 2(2), 18(5) (with reg. 3(4)(5)31)

C4 S. 12(5) excluded (29.4.2010) by The Aerosol Dispensers Regulations 2009 (S.I. 2009/2824), reg. 6(3)

C5 S. 12(5) excluded (N.I.) (31.12.2020) by The Toys (Safety) Regulations 2011 (S.I. 2011/1881), reg. 55A(2) (as inserted by S.I. 2020/1460, reg. 1(2), Sch. 2 para. 5(6))

C6 S. 12(5) excluded (N.I.) (31.12.2020) by The Aerosol Dispensers Regulations 2009 (S.I. 2009/2824), reg. 6(3A) (as inserted by S.I. 2020/1460, reg. 1(2), Sch. 2 para. 4(4)(c))