Product Liability (Amendment) Act (Northern Ireland) 2001
Product Liability (Amendment) Act (Northern Ireland) 2001
2001 CHAPTER 13
An Act to amend Part II of the Consumer Protection (Northern Ireland) Order 1987.
[20th July 2001]
Be it enacted by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:
1 Product liability: repeal of exclusion for game and agricultural produce
Product liability: repeal of exclusion for game and agricultural produce
1. The following provisions of Part II of the Consumer Protection (Northern Ireland) Order 1987 (NI 20) (product liability) shall cease to have effect, namely—
(a) in Article 4(2) the definition of ‘agricultural produce’; and
(b) Article 5(4) (exclusion of defect in any game or agricultural produce).
2 Power to modify enactments in consequence of modification of product liability Directive
Power to modify enactments in consequence of modification of product liability Directive
2. In Article 11(1) of the Consumer Protection (Northern Ireland) Order 1987 (NI 20) (power of Secretary of State to modify enactments in consequence of modification of product liability Directive)—
(a) for ‘Secretary of State’ there shall be substituted ‘Department’; and
(b) for ‘him’ there shall be substituted ‘it’.
3 Short title
Short title
3. This Act may be cited as theProduct Liability (Amendment) Act (Northern Ireland) 2001.
EXPLANATORY NOTES
INTRODUCTION
1. These Explanatory Notes relate to the Product Liability (Amendment) Act (Northern Ireland) 2001 which implements European Directive 1999/34. They have been prepared by the Department of Finance and Personnel in order to assist the reader in understanding the Act. They do not form part of the Act and have not been endorsed by the Assembly.
2. These notes need to be read in conjunction with the Act, and are not meant to be a comprehensive description of the Act. A Regulatory Impact Assessment has been prepared and is provided at Annex A.
BACKGROUND AND POLICY OBJECTIVES
Background to the proposals
3. Directive 1999/34 of the European Parliament and of the Council of 10th May 1999 (OJ no. L141, 4.6.99, p. 20) amends Council Directive 85/374/EEC of 25 July 1985 (OJ No. L210, 7.8.85, p. 29) on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (the 1985 Directive). The 1985 Directive was implemented in Northern Ireland by the Consumer Protection (Northern Ireland) Order 1987. Directive 1999/34 extends product liability to primary agricultural products and game.
4. The 1985 Directive introduced a system of strict liability for products that do not provide the safety which people are generally entitled to expect (defined as ‘defective product’). It was implemented by the then Department of Economic Development in the 1987 Order. The Directive places strict liability on producers for death, injury, loss or damage to private property caused by defective products. This means that a person injured by a defective product can sue for damages without having to prove a producer negligent. However, he must prove that the product was defective and that the defect in the product caused the injury.
The Amending Directive
5. The amending Directive (1999/34) means that strict liability will apply to ‘primary agricultural products’ and game as it already does to other products (including processed agricultural products). The 1985 Directive defines ‘primary agricultural products’ as meaning products of the soil, of stock-farming and of fisheries which have not undergone ‘initial processing’. The amendment removes this doubt by applying the system of strict liability to all agricultural products.
6. Producers in this context include farmers, fruit and vegetable growers and fisheries. Importers of such products from non-EU countries are also liable as producers. Others such as wholesalers and retailers would only be liable if they fail to identify the producer to an injured person.
7. The amendment does not change other provisions of the 1985 Directive. A producer of unprocessed agricultural products will...
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