NOVEMBER Candidates should attempt to answer two questions. Total allocation of marks is 50 marks. Suggested time allocation is 90 minutes.

Transcription

1 NOVEMBER 2018 Candidates answering the questions from the Scottish or Welsh law viewpoint: Please ensure you write Scottish or "Welsh" on the front of your examination booklet. The examiners may expect candidates to show knowledge of legislation which is in place but not in force (i.e. has been enacted) and regulations which have been made but are not yet in force, if they are directly relevant to the subjectmatter of the examination. There are three sections to the examination paper: Section A Section B Section C Consists of five questions. Candidates should attempt to answer all questions. Total allocation of marks is 25 marks. Suggested time allocation is 45 minutes. Consists of two questions. Candidates should attempt to answer one question. Total allocation of marks is 25 marks. Suggested time allocation is 45 minutes. Consists of three questions. Candidates should attempt to answer two questions. Total allocation of marks is 50 marks. Suggested time allocation is 90 minutes. Total time allowed three hours (plus ten minutes reading time). The Product Safety paper is a closed book; no materials are permitted to be taken into the examination room. The examination paper has six pages, including this front sheet. 1

2 Section A Candidates should attempt to answer all questions - total of 25 marks. 1. Briefly explain why a producer of consumer goods must label their products with warnings against every foreseeable hazard. Include, in your answer, where any applicable warnings should be placed. 2. List five practical examples that would give an enforcing authority grounds to issue a compliance notice under Regulation 48 of The Electrical Equipment (Safety) Regulations Using practical examples, briefly explain the purpose and nature of The Mutual Recognition Regulation (EC) 764/2008 and outline the action you should take if you consider that the Regulation has been infringed. 4. Using practical examples, briefly explain the term economic operator contained in Regulation (EU) 2016/425 on Personal Protective Equipment (PPE). 5. Briefly explain, with examples, what is meant by the terms supply and placing on the market, in the context of product safety legislation. Section A total of 25 marks. End of Section A. 2

3 Section B Candidates should attempt to answer one from two questions - total of 25 marks. 6. EU-derived product safety legislation is more comprehensive and offers a higher level of protection to consumers than domestic legislation. Critically evaluate this statement, using examples of Regulations. (25 marks) 7. Both The General Product Safety Regulations 2005 and the New Approach (CE marking) directives impose a number of responsibilities and obligations on producers and distributors of consumer products. They have also introduced a range of measures available to market surveillance authorities, to enable swift corrective action to be undertaken when things go wrong. Critically assess whether these measures have led to improved protection of consumers against unsafe products. (25 marks) Section B total of 25 marks. End of Section B. 3

4 Section C Candidates should attempt to answer two from three questions - total of 50 marks. 8. You are asked by a local group of letting agents to assist them in running a seminar for prospective landlords. They would like you to deliver a presentation to the audience on what their obligations are under Trading Standards Product Safety legislation. Prepare an outline content and structure plan of what your presentation would include. You should highlight the important elements of the legislation, and also give examples of good practice to help the delegates comply with the law. (25 marks) Section C is continued over the page. 4

5 9. Answer all parts. As part of your authority s market surveillance programme, the above inflatable toy was sampled for testing. It was found that the plastic material of the toy contains diisononyl phthalate (DINP) - measured value up to 33.5% by weight. This phthalate may harm the health of children, causing possible damage to the liver. Additionally, the valve of the toy became detached with a force of 50 Newtons and fits totally within the small parts truncated cylinder. It was imported by Ron Green Toys Ltd, a business based in your area. (a) (b) Detail the steps that you would now take, and the evidence that you would gather, to investigate the matter further. (9 marks) Detail the information that you would expect to find in the technical file relating to the product. (7 marks) (c) Outline the enforcement action that you would take. (9 marks) (total 25 marks) Section C is continued over the page. 5

6 10. Answer all parts. You receive information from a manufacturer Garden Comfort Company, based in your area regarding a garden shredder which has caused a serious injury to a consumer. The consumer was using the shredder in her garden when it started spontaneously, trapping her hand in the shredder and causing deep lacerations to the hand. She had to attend the local Accident and Emergency department for treatment. Two thousand of these shredders were made by Garden Comfort Company, of which fifteen hundred have been sold. (a) Outline your advice in respect of the action that should be taken immediately in respect of the shredder. You seize one of the remaining shredders for examination by an accredited test house who reports that the shredder is unsafe in that the locking mechanism was faulty and poses a serious hazard. (b) (c) On receipt of this test report, what actions do you require Garden Comfort Company to now take? What offences may have been committed by the Garden Comfort Company? Explain, in detail, what systems you would expect the Garden Comfort Company to have in place to avail themselves of a defence of all reasonable precautions and due diligence. (15 marks) (total 25 marks) Section C total of 50 marks. END OF EXAMINATION PAPER. 6