The UK’s Product Regulation & Metrology Bill (PRaM), which gives the government powers to create and amend future product regulations (including toy regulations) and online marketplaces, has now completed its passage through the House of Lords and will enter the House of Commons shortly. The timelines to be confirmed but expected to start end of April.
The BTHA has been actively lobbying for changes to the draft Bill in recent months to strengthen the requirements for online marketplaces and their responsibility for product safety. Working in alliance with consumer organisations Which? and Electrical Safety First, plus the Chartered Institute of Trading Standards, we have been successful in gaining government support for some of our suggested amendments (point 1 and 2 below).
An overview of the key government changes to the Bill which have been voted through:
- Adding a statutory consultation requirement for changes to future product regulations – allowing trade associations, businesses, and Parliamentarians to feed in their views on the Government’s approach before regulations are brought forward. This extends to all powers in the Bill and ensures we will be consulted on changes to regulations that impact the toy industry.
- Amending the definition of an ‘online marketplace’ to also include platforms where the marketplace is just a feature of a bigger service e.g., TikTok Shop.
- Requiring Parliamentary approval for a broader range of secondary legislation made under the Bill. This includes the ability to update the definition of an online marketplace as supply chains evolve.
- Reducing the scope of the “Henry VIII powers” which allow the government to change primary legislation by secondary legislation.
Through the Lords we have supported further discussion and amendments by Peers on the duties and liability of online marketplaces for their third-party sellers. These are areas we will be focusing on in the coming months as the Bill progresses through the Commons.
The Bill is still expected to be completed by summer recess (July) and the secondary legislation regulating online marketplaces will be developed and consulted on towards the end of 2025.
For any information or questions, please contact Kerri who is leading on this area of work.
