Chapter 4: Supplementary provision Section 54: Meaning of "UK consumer connectable product"
This Section defines the meaning of "UK consumer connectable product". It is defined as a relevant connectable product that meets either of the conditions within subsection (2) or subsection (3).
	Subsection (2) sets out the first condition - condition A. Condition A captures relevant connectable products that are or have been made available to UK consumers and that are not "used" at the point at which they are made available to customers.
	Subsection (3) sets out the second condition - condition B. Condition B captures relevant connectable products that are or have been made available to businesses, where the products are not "used" at the point at which they are made available to customers and where products identical to it meet Condition A. Unused products that are made available to any UK customer, where other products in that product line have been, or are being made available to UK customers, will meet Condition B.
	Duties predicated on a relevant person’s intent or knowledge that a relevant connectable product is or will be a "UK consumer connectable product" will cease to apply if a product that has previously been supplied to a customer is made available to UK customers again. This applies principally to products in a "used" condition (i.e. they have been "supplied" before). This Section also provides that duties continue to apply in relation to returned or reconditioned (when reconditioned by or on behalf of the manufacturer as per the provisions in subsections (7) and (8)) products.
	Subsection (10) provides a power for the Secretary of State to make regulations to repeal the conditions in subsections (2)(b) and (3)(b) which prevent duties from applying to used products and to amend any provisions of the product security part of the Act that are necessary or appropriate consequent to the repeal of subsections (2)(b) and (3)(b). Regulations made in the exercise of this power will be subject to the affirmative resolution procedure by virtue of subsection (11).
Example of when a product sold to businesses may also be a "UK consumer connectable product"
A product may meet the definition of "UK consumer connectable product" even if it is solely aimed at business customers. A smart camera is advertised to business users but not to consumers in the UK because the distributor selling the camera only sells to businesses. However, products identical to it (e.g. a smart camera of the same make and model) has been advertised (made available) to consumers in the UK by another distributor. This means the product should also be considered a "UK consumer connectable product" and must meet Part 1 security requirements. The distributor must also meet all relevant duties under Part 1.
As with condition A, if this camera has been supplied to customers (this means end users who can be either consumers or business users) before being advertised (made available to consumers in the UK), the camera will not be a consumer connectable product. The presumption is that products that have been supplied to users would have been used and used products are out of scope.
Intention for Section 54
This ensures that all products that may reasonably be expected to be used by consumers are subject to the same security requirements, even where a particular individual product has not been directly made available to consumers.