Wireless Telegraphy Act 1967

2 Notification and recording of transactions. E+W+S+N.I.

(1) [F1 Subject to subsections (1A) and (2) of this section, every television dealer who, after the end of twenty-eight days from the date on which he became such a dealer]—

(a) sells a television set by retail;

(b) lets a television set on hire or hire-purchase; or

(c) arranges for a television set to be sold or let as aforesaid to any person by another television dealer,

shall, in relation to that sale or letting, give to [F2 the [F3 Secretary of State]][F2 the BBC] a notification containing the particulars specified in Part I of the Schedule to this Act and make a record of the particulars specified in Part II of that Schedule.

[F4 (1A) Subsection (1) of this section shall not apply to a television dealer in whose case the following conditions are satisfied, that is to say —

(a) that he is such a dealer by reason only that he sells or lets, or holds himself out as willing to sell or let, television sets in pursuance of arrangements made by another television dealer; and

(b) that all payments of or towards the price or by way of rent in respect of any television set sold or let by him are received or collected on his behalf by the dealer who arranged for the sale or letting to be made.

(1B) A television dealer in whose case the conditions specified in subsection (1A) of this section cease to be satisfied shall be treated for the purposes of subsection (1) of this section as having become a television dealer when those conditions ceased to be satisfied in his case]

(2) In relation to any sale or letting as respects which [F5 subsection (1) of this section] is required to be complied with by the dealer who arranges for the sale or letting to be made, the other dealer concerned—

(a) shall not be required to comply with that subsection; but

(b) shall, unless all payments of or towards the price or by way of rent in respect of the sale or letting are to be received or collected on his behalf by the first-mentioned dealer, make a record of the particulars specified in Part III of the Schedule to this Act.

(3) Any notification to be given to [F2 the [F3 Secretary of State]][F2 the BBC] under this section shall be in the prescribed form and shall be given to [F6 him][F6 them] within twenty-eight days from the date of the sale or letting to which it relates; and any such notification to be given by any dealer shall be given to [F2 the [F3 Secretary of State]][F2 the BBC] at such address as [F6 he][F6 they] may have directed by a notice in writing given to that dealer or, if no such notice has been given, at the prescribed address.

(4) Any record under this section may be made either in the prescribed form or in any other form which enables the matters recorded to be readily ascertained by any person to whom the record is produced for inspection; and any matter required to be recorded by virtue of Part II or III of the Schedule to this Act shall be recorded within the time specified in relation thereto in that Part of the Schedule.

(5) Any record made under this section by any person shall be kept at a place at which he carries on business and, unless he previously ceases to be a television dealer, shall be preserved by him—

(a) if it relates to a sale and the price is not payable by instalments, for twelve months from the date of the sale;

(b) if it relates to a sale and the price is payable by instalments or to a letting, for twelve months from the date when the last instalment or payment of rent is due.

(6) The person having charge of any place where records are kept under this section shall at any time during normal business hours, if so required by a person duly authorised in that behalf by [F2 the [F3 Secretary of State]][F2 the BBC], produce the records for inspection.

(7) The [F3 Secretary of State] may by regulations amend or delete any provision of the Schedule to this Act or add any further provision thereto.

Annotations:

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Amendments (Textual)

F1 Words in s. 2(1) substituted (16.8.1996) by S.I. 1996/1864, reg. 4(2).

F2 Words “the BBC” substituted (1.4.1991) for the words “the Secretary of State” by virtue of Broadcasting Act 1990 (c. 42, SIF 96), s. 180, Sch. 18 Pt. II para. 1(b)

F3 Words substituted by virtue of Post Office Act 1969 (c. 48, SIF 96), s. 3(1)(i) and S.I. 1974/691, arts. 2, 3(3).

F4 S. 2(1A)(1B) inserted (16.8.1996) by S.I. 1996/1864, reg. 4(3).

F5 Words in s. 2(2) substituted (16.8.1996) by S.I. 1996/1864, reg. 4(4).

F6 Word “them” substituted (1.4.1991) for the word “him” and word “they” substituted (1.4.1991) for the word “he” by Broadcasting Act 1990 (c. 42, SIF 96), s. 180, Sch. 18 Pt. II para. 3.