Consumer Protection Act 1987 offences
Consumer Protection Act 1987 offences

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Consumer Protection Act 1987 offences
  • Application of the Consumer Protection Act 1987
  • Consumer Protection Act offences against the safety regulations
  • Meaning of 'supply'
  • Statutory defence of 'due diligence'
  • Liability of those other than the principal offender
  • Enforcement of the Consumer Protection Act breaches

Application of the Consumer Protection Act 1987

Part II of the Consumer Protection Act 1987 (CPA 1987) provides regulation making powers for the Secretary of State concerning the safety of specific products. Selling or offering for sale those specific products in breach of any provisions under Part II is an offence.

Section 11(1) provides for the making of 'safety regulations'. These are that:

  1. goods must be safe

  2. unsafe goods must not be made available to persons generally or to particular classes of person, and

  3. appropriate information must be, and inappropriate information must not be, provided

Consumer Protection Act offences against the safety regulations

Although a breach of the 'safety regulations' is not an offence itself, section 12 provides for offences where there is a contravention of non-compliance or a failure to provide information in accordance with requirements of the 'safety regulations'. These include where safety regulations:

  1. prohibit a person from supplying or offering or agreeing to supply any goods, or from exposing or possessing any goods for supply—a person shall be guilty of an offence if he contravenes the prohibition

  2. require a person who makes or processes any goods in the course of carrying on a business to carry out a particular test or use a particular procedure in connection with the making or processing of the goods with