LEGISLATION
Product Safety and Metrology Bill
New legislation will guide new powers to ensure product safety.
According to background briefing notes to the King’s Speech published last month, the Product Safety and Metrology Bill aims to preserve the UK’s status as a global leader in product regulation, supporting businesses and protecting consumers.
It will ensure the UK is better placed to address modern day safety issues, harness opportunities that deliver economic growth, and ensure a level playing field between the high street and online marketplaces.
CREDIT: Anastasia Maslova/Alamy Stock Vector
The briefing notes that the majority of the UK’s product safety and metrology framework is derived from EU law. But as technology and regulation continue to develop, the UK needs “new powers to address current or future threats and hazards and ensure a continued supply of safe goods…”. The Bill will enable the UK to make “the sovereign choice to mirror or diverge from updated EU rules…[to] maintain high product safety, while supporting businesses and economic growth”.
The Bill aims to:
- Respond to new product risks and opportunities to enable the UK to keep pace with technological advances, such as AI, and address challenges, such as the fire risk associated with e-bikes and lithium-ion batteries.
- Identify new and emerging business models in the supply chain, ensuring the responsibilities of those involved in the supply of products, such as online marketplaces, are clear. This will enable Government to better protect consumers, so they can have confidence in the products they buy and from whom they buy them.
- Ensure that the law can be updated to recognise new or updated EU product regulations, including the CE marking and, where appropriate, to prevent additional costs for businesses and provide regulatory stability. It also aims to ensure the UK can end recognition of EU product regulations, where it is in the best interests of businesses and consumers.
- Enable improvements to compliance and enforcement reflecting the challenges of modern, digital borders.
- Update the legal metrology framework, which governs the accuracy of weights and measures for purchased goods.
According to an article by Emilie Civatte and Paula Margolis of law firm Kennedys, the Bill sits against a backdrop of other developing regulatory frameworks, such as those relating to:
Lithium-ion batteries: The framework governing lithium-ion batteries is expected to develop following the publication of the UK’s Battery Strategy in November 2023, say Civatte and Margolis. While the EU’s new Batteries Regulation 2023/154 (which lays down mandatory requirements including those relating to safety) will not apply in the UK, the Bill may provide opportunity for alignment with EU safety-related obligations.
AI: The UK’s ‘pro-innovation’ approach to AI regulation may explain the absence of a dedicated AI Bill in the King’s Speech, say the authors. The current UK approach is to empower industry regulators to implement bespoke measures to address the risks posed by AI within their sectors – in accordance with guiding principles. The Bill is expected to introduce new AI-related obligations which industry regulators may need to account for within their own respective frameworks.
Product Safety and Metrology Bill
Proposed new legislation is set to address contemporary safety issues by providing new powers to address threats and hazards, in order to ensure a continued supply of safe goods in the UK.
Ron Alalouff
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