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GLOSSARY
Product rules, also known as product requirements, refer to the measures introduced by member states requiring some alterations with regards the physical aspect of a product or relating to the production process.
PRECEDENTS
1 Management commitment Person with responsibility for the Product Safety Incident Plan (PSIP) [Insert name and contact details of senior person in the organisation in charge of leading, developing and reviewing the policy from time to time and reporting on its operation to the Board] Plan Review Date [Insert date of next plan review] 1.1 [Insert organisation name] seeks to ensure all products it [produces AND/OR distributes] are safe, of good quality and comply with all relevant legislation and standards. [Insert organisation name] assesses those products and takes steps to eliminate, or, where that is not possible, to minimise, any safety risks identified. 1.2 [Insert organisation name] does this through quality assurance, product monitoring[, review of customer complaints and product returns,] and risk assessment, in line with the relevant section of the PSIP. 1.3 The PSIP has been developed with input across the business, including [eg design, production, quality assurance, customer services, legal]. 1.4 [Insert organisation name] communicates with its customers and [suppliers AND/OR distributors AND/OR other supply
PRACTICE NOTES
Introduction This Practice Note describes the consumer product safety corrective action regime in the UK, including in particular: • when and how to notify relevant authorities of a product safety issue • the relevant guidance on conducting risk assessments • what corrective action should, or must, be taken when a product is deemed unsafe Historically, the product safety authorities in the UK have not been particularly proactive. However, the enforcement environment in the UK is continuing to change: • recent years have seen increased political and public focus on product safety, for example, following a series of house fires, culminating in the tragic Grenfell Tower fire • in January 2018, the government established the Office for Product Safety and Standards (OPSS) which is the UK’s national product regulator. Its primary purpose is to protect people and places from product-related harm, enabling trade and growth by ensuring consumers and businesses can buy and sell products
PRACTICE NOTES
This Practice Note addresses the practicalities of product recall and other corrective actions for general consumer products in the EU from the perspective of economic operators under Regulation (EU) 2023/988, the EU General Product Safety Regulation (EU GPSR), which has repealed Directive 2001/95/EC, the EU General Product Safety Directive with effect from 13 December 2024. The EU GPSR entered into force on 12 June 2023 and started to apply on 13 December 2024. It has introduced new requirements to make recalls more effective. The EU GPSR requires economic operators to notify competent national authorities when a product they made available on the market is found to be dangerous, as well as taking action to deal with the identified risk. Depending on the nature of the risk, the national authorities may require further action from businesses such as tracing the concerned product and taking it off the market, informing the public, and as a last resort, organising a product recall. This Practice Note focuses on products that are not covered
PRECEDENTS
1 Internal team Person in charge of Product Safety [Name and contact details of person in the organisation with overall responsibility for product safety and for ensuring that other teams keep and can provide records and information needed for recall as needed] Product Manager [Name and contact details of person in the organisation with overall responsibility for the products] Research and development (and/or design) [Name and contact details of person in the organisation with overall responsibility for research and development, or design, including the responsibility for product traceability] Production [Name and contact details of key person(s) in the organisation in charge of production] Quality
PRACTICE NOTES
This Practice Note details the role and purpose of product standards in the UK. It explains what standards are, including designated standards and EU harmonised standards, and how compliance with them can lead to a presumption of conformity that a product complies with essential requirements. The Practice Note also explains what a recognised standardisation body is, the designation process and how harmonised standards may be used in Great Britain (GB) and Northern Ireland (NI). Since 31 December 2020 (IP Completion Day), NI aligns with relevant EU rules on product regulation as a result of the Northern Ireland Protocol (as amended by the Windsor Framework). Therefore, GB businesses placing products on the NI market need to understand and comply with applicable EU product regulation rules. For further information on the Northern Ireland Protocol, see Practice Note: The Windsor Framework—trade between Northern Ireland, the UK and EU. What are standards? A standard is a technical specification that defines requirements for products, production processes, services or test methods. They are developed by industry and market actors through consensus. By providing a common technical
PRACTICE NOTES
Introduction A production sharing contract (PSC) is a contractual relationship between a host government and a private sector participant (‘investor’) whereby the government contracts with the investor to carry out oil and gas exploration and production activities (E&P activities) in a defined area for a defined period of time. A PSC is distinguished from the other types of upstream petroleum agreement by the fact that the host government always remains the owner of the oil and gas resources in the ground, although title to a share of the produced oil and gas is transferred to the investor at a contractually agreed 'delivery point' to compensate the investor for the E&P activities it has undertaken. For more information on the different types of upstream petroleum agreements, see Practice Note: Understanding upstream petroleum agreements—concessions, production sharing contracts and service contracts. The key provisions in a PSC Each jurisdiction that adopts a PSC as the basis for its upstream petroleum agreement will design its PSC in its own particular way. Common provisions include: • purpose and scope • responsibilities and grant of
GLOSSARY
‘Production account’ means the trust bank account in the joint names of the company and the producer.
PRACTICE NOTES
Elements of the offence It is an offence to produce, to be concerned in the production of, a controlled drug under section 4(2) of the Misuse of Drugs Act 1971 (MDA 1971). The offence is generally triable either way and may therefore be tried in the magistrates’ court or the Crown Court. However, where the statutory minimum sentencing provisions for a third Class A drug trafficking offence apply, the offence is triable only on indictment. The meaning of 'being concerned' in the production of a controlled drug Case law is clear that in order to obtain a conviction for this offence the Crown must prove that the defendant played an identifiable role in the production of the drug (R v Farr). The leading case on this point is the case of Farr. The defendant allowed two people to use his kitchen to produce heroin; there was no prior agreement. The Court of Appeal quashed his conviction, holding that there had to be some identifiable participation in the process
PRACTICE NOTES
Production orders The purpose of a production order is to obtain material relating to a known person or business, such as bank statements and correspondence. The order requires the person specified to either hand over the material contained in the order to an officer or to grant the officer access to that material. It may be served on a person or institution and can be extended to the grant of entry to premises to obtain access to the material. A production order is available for all forms of 'investigation', including confiscation, civil recovery, money laundering, exploitation proceeds, detained cash, detained property and frozen funds and cryptoasset investigations. The dominant purpose test In R (on the application of Bowles) v Southwark Crown Court, (a pre-POCA case), it was held that there was no power to obtain production orders under the predecessor to the Proceeds of Crime Act 2002 (POCA 2002) in furtherance of an investigation into a criminal offence, including an offence of money laundering; they
GLOSSARY
A commercial fundraiser acting to raise funds for charitable or other benevolent or philanthropic purposes and thereby regulated under the Charities Act 1992. The statutory definition is in Section 58 of that Act.
GLOSSARY
An exchange-regulated market operated by the London Stock Exchange for listed depositary receipts and debt targeted at professional investors.