PART 1Product security
CHAPTER 4Supplementary provision
Interpretation
I1I254Meaning of “UK consumer connectable product”
1
In this Part “UK consumer connectable product” means a relevant connectable product that meets condition A or B.
2
Condition A is that the product—
a
is or has been made available to consumers in the United Kingdom, and
b
has not been supplied by a relevant person to any customer (whether or not in the United Kingdom) at any time before being so made available.
3
Condition B is that—
a
the product is or has been made available to customers in the United Kingdom who are not consumers,
b
the product has not been supplied by a relevant person to any customer (whether or not in the United Kingdom) at any time before being so made available, and
c
products identical to the product meet condition A.
4
Subsections (5) to (9) apply for the purposes of subsections (2)(b) and (3)(b).
5
Where—
a
a product that has been supplied to a customer (“the original customer”) is returned to a relevant person in the exercise of any right (whether statutory or otherwise) to return unwanted products, and
b
the product is subsequently made available to customers in the United Kingdom,
the product is not to be treated as having been supplied to the original customer.
6
Where—
a
a product that has been supplied to a customer (“the original customer”) is returned to a relevant person—
i
in accordance with arrangements made for the purposes of, or in connection with, this Part, or
ii
as a result of any other action taken under, or for the purposes of, this Part, and
b
the product is subsequently made available to customers in the United Kingdom,
the product is not to be treated as having been supplied to the original customer.
7
Where a product that has been supplied to a customer is reconditioned by or on behalf of a manufacturer of the product before being made available to customers in the United Kingdom, the product is not to be treated as having been supplied to that customer.
8
The reference in subsection (7) to reconditioning a product is a reference to doing anything to the product, or its packaging, in order to prepare the product to be made available to customers.
9
Where a product has been supplied to a customer (“C”) who would, in the absence of section 7(6), be a distributor of the product—
a
the product is not to be treated as having been supplied to C, and
b
where any of subsections (5) to (7) applies, the product is not to be treated as having been supplied to C or to any customer of C.
10
The Secretary of State may by regulations—
a
repeal subsection (2)(b) or (3)(b);
b
make any amendments of this Part that the Secretary of State considers necessary or appropriate in consequence of such repeal.
11
Regulations made under subsection (10) are subject to the affirmative resolution procedure.