Part 1: Product Security Chapter 1: Security requirements Section 7: Relevant persons
This Section defines the economic actors to which the duties set out in Part 1 apply. "Relevant persons" are defined as manufacturers, importers and distributors of relevant connectable products.
	Subsection (3) defines "manufacturer" as a person who (i) manufactures a product, or has a product designed or manufactured, and (ii) markets that product under their own name or trade mark. A person who markets under their own name or trademark a product manufactured by another person is also a manufacturer.
	Subsection (4) defines "importer" as a person who (a) imports the product into the United Kingdom from another country, and (b) is not a manufacturer of the product.
	Subsection (5) defines "distributor" as any person who (a) makes the product available in the United Kingdom, and (b) is not a manufacturer or an importer of the product.
	Subsection (6) provides that a person will not be considered a distributor if they make the product available by performing a contract consisting of or including the installation of the product in a building or structure. This only applies if products identical to the installed product are or have been made available to consumers outside of such a contract for their installation.
Examples of when smart products are integrated into the performance of a contract
Scenario 1: An electrician is hired by a family to install a "smart" sound control system in their home. The family purchased the product at a local electronics store and the electrician is only hired to install the products that form the smart sound system. The electrician is not considered to be a distributor because they had no part in the supply of the product (the electrician never owned the product so they did not "make it available" to the family.
Scenario 2: An electrician is hired by a family to install a "smart" sound system in their home. The family enters into a contract for the installation of the smart sound system and pays an agreed amount for the project. The electrician decides what specific products and components will be purchased and installed to meet the contract. The electrician buys and instals products that are normally sold to consumers via an online consumer retail website. While the electrician owned the product and made it available to the family, the electrician will not be considered a distributor because products identical to the installed products have been made available to consumers via an online consumer retail website.
Scenario 3: A family hires a company "A" to install a bespoke smart sound system in their home. The family pays for the entire project (including design, production, installation and the products). The products that form the smart sound system can only be purchased from company A as part of a contract that involves their installation. The products are unique and are not made available to consumers in any other way (e.g. they cannot be purchased from a shop without entering into a contract for their installation). Company A is a distributor of the products.
Intention for subsection (6)
This provision is intended to absolve small businesses whose ordinary business is not the sale of products such as electricians, etc. from the potentially burdensome duties of distributors. At the same time, the provision ensures that products such as smart home control systems (which are in most cases only made available through a contract for their installation) are in scope and their users will be protected.