What will happen with the law as Britain leaves the EU?

Much of the UK’s current legislation is derived from the European Union. When the UK leaves the EU there needs to be a level of continuity. To provide this the Government intends to introduce the Great Repeal Bill which will do three things:

  1. Repeal the European Communities Act 1972. This legislation provides legal authority for EU law to have effect as national law in the UK. This will no longer be the case after Brexit.
  2. Bring all EU laws onto the UK statute books. This means that laws and regulations made over the past 40 years while the UK was a member of the EU will continue to apply after the Prime Minister triggered Article 50 on 29 March.
  3. Create powers to make secondary legislation. Technical problems will arise as EU laws are put on the statute book. For instance, many EU laws mention EU institutions in which the UK will no longer participate after Brexit, or mention “EU law” itself, which will not be part of the UK legal system after Brexit. There will not be time for Parliament to scrutinise every change, so the bill will give ministers some powers to make these changes by secondary legislation, which is subject to less scrutiny by MPs.

Can I apply a CE mark to toys that I am selling?

All new toys that are supplied in the course of a business must be marked with a CE mark (other details also need to be given).

The CE marking on a product is a declaration by the manufacturer of conformity with the law (i.e. amongst other things the CE mark declares that the toy is safe.)

If you are manufacturing the toys and selling them, then you must apply a CE mark. Clearly you must make sure that the product complies with the legal requirements that apply and be able to demonstrate this compliance.

If you are buying toys from a supplier within the EU then you should make sure that they are already CE marked.

If your supplier is outside the EU then you will need to ensure that they comply with the law and then apply the CE mark and your contact details as the importer (into the EU).

 

I have an online shop which is aimed at the UK marketplace but what happens if someone outside of the UK buys one of the products and in particular where do I stand with returns, postage and faulty goods?

This is a minefield, essentially you should make sure that you are crystal clear about which territories/countries/areas you are going to do business in. Don’t ‘accept’ a customer order from, or enter into a legally binding contract with, someone outside your catchment area.
You should also specify where you will make deliveries, if applicable, and don’t rely on the fact that your website is in English to restrict the sales.
Your terms and conditions of business should be carefully crafted to comply with legal obligations particularly if you are making sales to consumers. Beware the proposed EU rules on geographical discrimination in terms of pricing.
If the buyer is in the EU then you will need to comply with EU consumer legislation with respect to returns etc, however as this is harmonised across the EU as long as you comply with UK law you should be OK.
You may wish to ask us to review and amend your terms and conditions to ensure they are current >read more…