In the King’s Speech earlier this week, King Charles did not explicitly announce the Product Safety and Metrology Bill (the ‘Bill’), but detail on this Bill was contained in the Government’s briefing notes. This Bill will be introduced with the objective of maintaining the UK’s global leadership in product regulation and consumer protection whist addressing safety challenges and encouraging economic growth opportunities.

Most of the UK’s product safety framework is derived from EU law developed over the past four decades. The Bill aims to change this by “enabling [the UK] to make the sovereign choice to mirror or diverge from updated EU rules, so that we can maintain high product safety while supporting businesses and economic growth”. 

What does the Bill aim to achieve?

As well as amending existing product safety laws, the Product Safety and Metrology Bill includes updates to the legal metrology framework (which governs the accuracy of weights and measures for purchased goods), to “allow for technological progress, including in support of net-zero aims and infrastructure”. 

It is implied that the Bill will capture changes that the new Government considers should have been made to align with new and proposed EU reforms, including, for example, the new EU General Product Safety Regulation (EU) 2023/988 or the new Product Liability Directive. Further, as most product safety legislation falls within the scope of the Windsor Framework, EU changes to product regulation only apply in Northern Ireland, resulting in divergence within the UK internal market as EU laws are updated. This Bill will give the Government specific powers to make changes to legislation to manage divergence and take a UK-wide approach, where it is in the UK’s interests to do so.

What will the Bill cover?

It is expected that the Bill will support growth, provide regulatory stability and deliver more protection for consumers by addressing the following key areas:

Product Risks and Opportunities: To enable the UK to allow technology to flourish the Bill will provide powers for effective regulation of high-risk products, such as AI, e-bikes and lithium-ion batteries (both of which are increasingly recognised as a fire risk), 

Supply Chain Business Models: Identifying new and emerging business models in the supply chain and ensuring clear responsibilities for those involved in product supply (e.g., online marketplaces) which will better protect consumers. Without these powers, overseas suppliers can easily place unsafe goods on the UK market via online platforms.

EU Product Regulations: The Bill will allow the UK to respond swiftly to safety challenges without being bound by EU regulations. This flexibility ensures that safety standards remain robust while accommodating innovation. Further by enabling divergence from EU rules where necessary (including ending the UK’s recognition of EU product regulations), the government will aim to use this to foster economic growth. 

Compliance and Enforcement: Modern, digital borders require changes in compliance and enforcement. Regulators and market surveillance authorities will have greater data-sharing capabilities. This enables targeted interventions and better monitoring of non-compliance.

Legal Metrology Framework: Updating the legal metrology framework ensures accurate weights and measures for purchased goods. This will boost consumer and business confidence, support technological progress (e.g., net zero aims), and maintain accurate energy meters.

Who will be affected by the Bill?

This proposed Bill will likely have a large impact across the UK consumer market. Products in scope of the Bill are used by every person in the country, covering nearly all manufactured products. The Government estimates that there are at least 220,000 UK businesses currently affected by product safety legislation, with an estimated market turnover of just under £280 billion.

We expect that all manufacturers, distributors, and sellers of products in the UK will need to comply with safety standards and regulations and will be caught in some way by these new regulations. 

What will enforcement look like under the bill?

The notes state that the Bill will “enable the Government and its regulators to tackle non-compliance and target interventions by allowing greater sharing of data between regulators and market surveillance authorities, and future-proof the nature and capacity of the Regulator, ensuring it can provide national leadership on product safety and metrology issues.” This may include a greater role and enforcement powers for the Office for Product Safety & Standards.

Takeaways

The Product Safety and Metrology Bill represents a strategic move for the UK. It reaffirms the UK’s commitment to safety, sovereignty, and economy. As the Bill progresses, businesses and consumers alike should stay informed about its implications.

If you would like any further information or have queries on the content of this article, please contact Richard Hugo.

This article was written by Abbie McGregor.