In July 2024, the new UK government included the Product Safety and Metrology (PSM) Bill in its first King’s Speech. Among the stated purposes of the Bill is “to enable the UK to keep pace with technological advances, such as AI, and address challenges, such as the fire risk associated with e-bikes and lithium-ion batteries”.

The PSM Bill is largely an enabling piece of legislation which would give the Secretary of State powers to make regulations designed to reduce or mitigate risks associated with products and ensuring that products operate effectively. There will also be powers to regulate in a manner “which corresponds, or is similar, to a provision of relevant EU law for the purpose of reducing or mitigating the environmental impact of products” and to treat meeting “a requirement of relevant EU law specified in product regulations” as satisfactory for UK regulatory purposes. Other clauses of the bill deal with updating the metrology regime - weights and measures - and set out requirements to share information about products with regulators and the enforcement powers of regulators relating to product safety.

“Product” is widely defined in the bill as “a tangible item that results from a method of production”, a definition that would not cover digital products such as software or apps. It is also noteworthy that the schedule to the bill lists a range of specifically excluded products such as food, animal feed and fertiliser, plants, aircraft, military equipment, and medicines and medical devices. 

The bill permits Ministers to make regulations to amend certain parts of the Consumer Protection Act 1985, but not part 1 of that Act which sets out the regime of strict liability for consumer products derived from the 1985 European Product Liability Directive. Although the PSM Bill cannot therefore update the law on product liability, the need for reform of the current regime has been recognised by, among others, the Law Commission, who recommended in January 2022 that the government “should review product liability law (including the Consumer Protection Act 1987) to take account of the challenges of emerging technologies. The review should cover product liability as a whole, rather than be confined to automated vehicles.” 

The need to update and reform the UK’s product liability regime is further underlined not only by the by the EU having agreed a new Product Liability Directive in March 2024 but also in the previous UK government’s consultation “Smarter Regulation: UK Product Safety Review” which closed last October. So while the PSM Bill may go some way to addressing important aspects of product safety, it does not answer the consultation’s question “whether the civil product liability regime remains fit for purpose?”

The PSM Bill was published on 4 September. Just two days later, the Lords debated the Lithium-ion Battery Safety Bill, a private member’s bill specifically targeting the marketing and safe use, storage and charging of batteries in devices such as e-bikes and scooters. In responding to the debate, Business & Trade Minister Baroness Jones said that her department was “already working across government to identify the key aspects of lithium-ion battery safety” adding that the PSM Bill “will enable us, where necessary, to make regulatory change to keep our product safety framework up to date.”

It is possible to envisage the concerns behind the private member’s bill informing and influencing the shape of the PSM Bill, particularly since its explanatory notes mention “fire risks associated with e-bikes” and given the specific reference to lithium batteries quoted at the beginning of this article.

If so, the more specific private member’s bill might not make much significant further legislative progress. For the time being, however, it is due to be scheduled for clause-by-clause scrutiny in the coming weeks whereas the general principles of the PSM Bill will be considered on 8 October.