§ 6 Clause 19, page 16, line 39, at beginning insert ("(a)")
7 Clause 19, page 16, line 40, at end insert—
(b) prescribe tolerances relating to any such indications of performance for the purposes of this section.")
§ 8 Page 17, line 2, at end insert ("unless the performance of any appliance to which the indication relates falls outside the tolerances prescribed in relation to that indication.").
§ Lord Skelmersdale
My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 6 to 8 en bloc. The Bill as previously considered in your Lordships' House contained an enabling power for the Secretary of State to exempt from trade descriptions law indications of performance, such as energy consumption, which a manufacturer might be required to put on an appliance in association with a type approval mark. The purpose of this provision was to ensure that manufacturers were not open to prosecution under the Trade Descriptions Act 1968 every time the performance of one of their appliances deviated "to a material degree" from the performance particulars.
The Government accepted in another place, however, that it was not necessary to exempt indications of performance entirely from trade descriptions law. The essential point is simply to ensure that a manufacturer is not open to prosecution where there is a reasonable deviation in the performance of one of his appliances. But where the deviation seems unreasonable then there is a case, in the interests of protecting consumers, for applying the provisions of the Trade Descriptions Act.
This amendment was therefore introduced so as to enable the Secretary of State to prescribe tolerances around the indications of performance which a manufacturer might be required to supply in association with a type approval mark. The manufacturer will be liable to prosecution for a breach of the Trade Descriptions Act only if the performance of an appliance falls outside these tolerances.
§ Moved, That this House doth agree with the Commons in the said amendments.—(Lord Skelmersdale.)
§ On Question, Motion agreed to.