Proposed legislation aims to strengthen product regulation across the UK

The Product Regulation and Metrology Bill [HL] has moved to the Committee Stage in the House of Commons where it will be scrutinised in further detail. The Bill is based off EU law, and these proposed changes intend to update the legislation to create a flexible UK-specific framework. 

The aim of the Bill is to strengthen the UK’s product safety and regulatory framework, allowing it to adapt and cover new technologies (such as AI) and online marketplaces. 

Product Regulation and Metrology Bill 

The Product Regulation and Metrology Bill intends to act as a major reform of the UK’s product regulation framework. Laws based on EU standards are aimed to be future-proofed and specified to the UK’s needs following our exit from the European Union. 

In this reform, a degree of flexibility is intended to protect businesses and consumers. Having an adaptable piece of legislation that takes into account both traditional and retailers and a wide range of online marketplaces ensures individuals and businesses are held accountable, regardless of their method of selling a product. 

The Consumer Protection Act 1987 and the Weights and Measures Act 1985 are two key pieces of legislation that will likely be impacted by this Bill. The Bill states how these both were created prior to a large shift in consumer behaviours and technological changes, so the new proposed bill will bring these two up to date and allow them to adapt to any changes in the future. 

Enforcement is a key topic in the Bill, and the aim to allow for greater data sharing between regulators and market surveillance authorities is said to enable swifter, more comprehensive enforcement that take into account modern challenges. 

Potential implications 

The Bill is currently in the Committee Stage, meaning it is still subject to amendments and additions, but as it currently stands this Bill could lead to increased powers for enforcement bodies and enhanced compliance. 

The current Bill includes mentions of: 

• Cost recovery: investigations into non-compliance could also lead to individuals or businesses being required to pay additional costs based on the investigation and its outcomes. 
• Fines: non-compliance could lead to fines or civil penalties, with increased standards requiring businesses to ensure they are compliant to avoid these. 
• Prosecution: a prison sentence not exceeding two years may be possible for certain offenses following investigation and indictment. 

Much of the information is already covered by existing legislation and met by the majority of businesses operating in the UK. The intention of the Bill is to future-proof UK legislation, ensuring loopholes are closed and all scenarios are accounted for. 

The requirement for all UK energy products marketed or used in the UK must ‘give accurate readings and operate efficiently and effectively’ – something that is relevant to our industry following recent enforcement by the Office of Product Safety and Standards (OPSS). In creating an adaptable and up-to-date Bill, successful enforcement and widespread compliance can be made easier. 

We will examine the Bill as it progresses further and if any further amendments are made to see if there will be any clauses especially relevant to our industry. In its current state, the Bill’s main aim is to create a responsive, flexible, and adaptable regulatory framework that supports the UK’s wider environmental, consumer protection, and compliance laws. 

It is important for industry to closely monitor bills like this to stay up to date on the latest product standards and requirements.