Consumer Protection Act 1987 (c. 43)

(1) This Part [ F1 was enacted ] for the purpose of making such provision as [ F2 was ] necessary in order to comply with the product liability Directive and shall be construed accordingly. (2) In this Part, except in so far as the context otherwise requires— F3 ... “ dependant ” and “ relative ” have the same meaning as they have in, respectively, the M1 Fatal Accidents Act 1976 and the [ F4 Damages (Scotland) Act 2011 ] ; “ producer ”, in relation to a product, means— (a) the person who manufactured it; (b) in the case of a substance which has not been manufactured but has been won or abstracted, the person who won or abstracted it; (c) in the case of a product which has not been manufactured, won or abstracted but essential characteristics of which are attributable to an industrial or other process having been carried out (for example, in relation to agricultural produce), the person who carried out that process; “ product ” means any goods or electricity and (subject to subsection (3) below) includes a product which is comprised in another product, whether by virtue of being a component part or raw material or otherwise; and “ the product liability Directive ” means the Directive of the Council of the [ F5 European Union ] , dated 25th July 1985, (No. 85/374/EEC ) on the approximation of the laws, regulations and administrative provisions of the member States concerning liability for defective products. (3) For the purposes of this Part a person who supplies any product in which products are comprised, whether by virtue of being component parts or raw materials or otherwise, shall not be treated by reason only of his supply of that product as supplying any of the products so comprised. Textual Amendments F1 Words in s. 1(1) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 3 para. 2(1) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1) F2 Word in s. 1(1) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 3 para. 2(2) (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1) F3 Definition of "agricultural produce" in s. 1(2) omitted (E.W.) (4.12.2000) by virtue of S.I. 2000/2771 , art. 2(2) and that same definition omitted (S.) (19.7.2001) by virtue of S.S.I. 2001/265 , art. 2(2) F4 Words in s. 1(2) substituted (S.) (7.7.2011) by Damages (Scotland) Act 2011 (asp 7) , ss. 15 , 19(3) , Sch. 1 para. 4(1) (with ss. 17 , 19(2) ); S.S.I. 2011/268 , art. 3 , (with art. 4) F5 Words in s. 1(2)(c) substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043) , art. 4(1) Marginal Citations M1 1976 c. 30 .

(1) Subject to the following provisions of this Part, where any damage is caused wholly or partly by a defect in a product, every person to whom subsection (2) below applies shall be liable for the damage. (2) This subsection applies to— (a) the producer of the product; (b) any person who, by putting his name on the product or using a trade mark or other distinguishing mark in relation to the product, has held himself out to be the producer of the product; (c) any person who has imported the product into [ F6 the United Kingdom ] in order, in the course of any business of his, to supply it to another. (3) Subject as aforesaid, where any damage is caused wholly or partly by a defect in a product, any person who supplied the product (whether to the person who suffered the damage, to the producer of any product in which the product in question is comprised or to any other person) shall be liable for the damage if— (a) the person who suffered the damage requests the supplier to identify one or more of the persons (whether still in existence or not) to whom subsection (2) above applies in relation to the product; (b) that request is made within a reasonable period after the damage occurs and at a time when it is not reasonably practicable for the person making the request to identify all those persons; and (c) the supplier fails, within a reasonable period after receiving the request, either to comply with the request or to identify the person who supplied the product to him. F7 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Where two or more persons are liable by virtue of this Part for the same damage, their liability shall be joint and several. (6) This section shall be without prejudice to any liability arising otherwise than by virtue of this Part. Textual Amendments F6 Words in s. 2(2)(c) substituted (31.12.2020) by The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/696) , reg. 1 , Sch. 3 para. 3 (as amended by S.I. 2020/676 , regs. 1(1) , 2 ); 2020 c. 1 , Sch. 5 para. 1(1) F7 S. 2(4) omitted (E.W.) (4.12.2000) by virtue of S.I. 2000/2771 , art. 2(3) and that same provision omitted (S.) (19.7.2001) by virtue of S.S.I. 2001/265 , art. 2(3) Modifications etc. (not altering text) C6 S. 2(2)(b) amended (31.10.1994) by 1994 c. 26 , s. 106(1) , Sch. 4 para. 1(2) ; S.I. 1994/2550 , art. 2