Schedule 11: Construction products regulations Paragraphs 3 - 9 - Construction products with designated standards or technical assessments Background
The current regulatory regime for construction products derives from EU law. This power will allow the Secretary of State to extend or amend that regime, or replace it.
	The Grenfell Tower Inquiry and internal and external investigations relating to construction product advertising have highlighted the severe consequences of misleading product performance claims. This power will also allow the Secretary of State to impose requirements in regulations on the making of claims or statements about the performance of construction products, including those made in advertising products, and for relevant authorities to investigate, enforce against and sanction non-compliance with such regulations.
Example 1
Products subject to a designated standard or a UK technical assessment are currently covered by existing EU harmonised standards, and in the future new designated standards and technical assessments can be added. This could happen where the EU creates new EU harmonised standards, and the Secretary of State chooses to designate them. The Secretary of State is also able to choose to designate other new standards, including UK and international standards. Going forward, there will now be flexibility to change this regime for the UK. The Secretary of State may want to revise the regulations for these products to reflect national wishes and concerns, and to ensure that it continues to meet the needs of the UK market.
Example 2
A product subject to a designated standard is placed on the UK market. Marketing material, or advertising about the performance of the product is misleading. For example, claims are made that the product will comply with certain building regulations, but in fact it doesn’t. The Secretary of State will be able to take powers in regulations which would allow the relevant authorities to take action in relation to such a misleading performance claim, initially by requiring the misleading information to be corrected. This could go as far as requiring the product to be removed from the market until the misleading claims are rectified, with the potential for penalties up to, and including, fines or even imprisonment in certain circumstances.