Consumer Safety (Jersey) Law 2006

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A decision made to approve the recommendations for the Safety Order and Appointed Day Act for the Consumer Safety (Jersey) Law 2006.

Ministerial Decision

Subject:	Consumer Safety (Jersey) Law 2006 Safety Order and Appointed Day Act
Decision Reference:	MD-E-2006-0067		Exempt clause(s):
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:
Written report – Title	Consumer Safety (Jersey) Law 2006 Safety Order and Appointed Day Act
Written report – Author (name and job title)	Trevor Le Roux, Director - Consumer Affairs
Decision(s): The Minister has approved the recommendations as detailed in the attached report.
Reason(s) for decision: To ensure that when the Consumer Safety (Jersey) Law 2006 is registered in Jersey, the appropriate subordinate legislation is ready to be enacted.
Action required: Trevor Le Roux to send appropriate drafting instructions to the Law Draftsman.
Signature: Senator Philip Ozouf (Minister)		Date of Decision:

Consumer Safety (Jersey) Law 2006

Minister For Economic Development

Consumer Safety ( Jersey ) Law 2006

Safety Order and Appointed Day Act

1. The Issue

1.1. The Consumer Safety Law was passed by the States in September 2005. It is currently with the UK authorities prior to receiving Royal Assent. The Minister is asked to decide what safety Orders to introduce when the Consumer Protection (Jersey) Law 1964 and existing safety Orders are repealed. Approval is also required to enable an Appointed Day Act to be drafted.

2. The Facts

2.1. The Consumer Safety (Jersey) Law 2006 will help to ensure that consumer goods imported to Jersey and placed on retail sale, comply with product safety standards applicable in the UK and throughout the rest of the European Union. The Law introduces a general safety requirement for the first time and will replace the outdated Law of 1964.

2.2. One of the benefits of the general safety requirement is that safety Orders detailing specific safety standards should only be required to be made in exceptional circumstances. There are currently nine safety Orders in force prescribing various safety requirements on products as diverse as upholstered furniture and cosmetics.

2.3. The most recent safety Order to be made was the Consumer Protection (Protective Helmets) (Jersey) Order 2004 which changed the safety standard applicable to motorcycle helmets offered for sale by retailers and importantly, also excludes the sale of all other helmets which do not meet this standard.

2.4. Due to the broad effect of the general safety requirement within the new safety law, it is considered that only one Ministerial safety Order should be drafted to be introduced at the same time as the law comes into force. This should maintain the current specific safety standard requirements for motorcycle rider protective helmets.

2.5. Article 36(2) of the new safety law provides that the law shall come into force on such day as the States may by Act appoint. Therefore the Minister is required to authorise the drafting of an Appointed Day Act.

3. Recommendations

3.1. It is recommended that the Minister authorises the Director, Consumer Affairs, to instruct the Law Draftsman to draft a safety Order which maintains the current provisions of the Consumer Protection (Protective Helmets) (Jersey) Order 2004. This Order should come into force at the same time as the new Consumer Safety Law.

3.2. It is also recommended that the Minister authorises the Director, Consumer Affairs, to instruct the Law Draftsman to draft an Appointed Day Act for approval by the States, the commencement date for the Consumer Safety Law to be 28 days after the Act is adopted.

Trevor Le Roux

Director, Consumer Affairs

Economic Development Department.

10th April 2006.