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Hallmarking Act 1973

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  1. Introductory Text

  2. 1. Prohibited descriptions of unhallmarked articles.

  3. 2. Meaning of approved hallmarks, etc.

  4. 3. Sponsors’ marks.

  5. 4. Approved hallmarks.

  6. 4A.Assay office carrying on business outside the United Kingdom

  7. 5. Alterations to hallmarked articles.

  8. 6. Counterfeiting, etc. of dies and marks.

  9. 7. Treatment by assay offices of unauthorised marks.

  10. 8. Offences.

  11. 9. Enforcement of Act.

  12. 10. Treatment of articles following convictions.

  13. 11. Dealers to exhibit notices as to hallmarks.

  14. 12. Charges for assaying and hallmarking, etc.

  15. 13. The British Hallmarking Council.

  16. 14. Power to alter, etc., constitution of Council.

  17. 15. Functions of assay offices, etc.

  18. 16. Orders constituting, dissolving, etc., or conferring powers on assay offices.

  19. 17. Application of Act to other metals by order.

  20. 18. Local Acts and instruments.

  21. 19. Reports and accounts.

  22. 20. Local inquiries.

  23. 21. Regulations and orders.

  24. 22. Interpretation.

  25. 23. Repeals.

  26. 24. Short title, commencement and extent.

  27. SCHEDULES

    1. SCHEDULE 1

      Unhallmarked Articles

      1. Part I Permissible Descriptions

        1. 1.(1) Subject to the provisions of this paragraph—

        2. 2.A description is permissible if it is implicitly or in...

      2. Part II Exempted Articles

        1. 1.An article which is intended for despatch to a destination...

        2. 2.An article which is outside the United Kingdom, or which...

        3. 3.Any coin which is, or was formerly at any time,...

        4. 4.Any article which has been used, or is intended to...

        5. 5.Any battered article fit only to be remanufactured.

        6. 6.Any article of gold silver, or palladium thread.

        7. 7.Any raw material (including any bar, plate, sheet, foil, rod,...

        8. 8.Any manufactured article which is not substantially complete, and which...

        9. 9.Any article which is wholly or mainly of platinum, and...

        10. 9A.Any article which is wholly or partly of palladium, and...

        11. Articles exempt if of minimum fineness

          1. 10.Any article which— (a) is wholly or mainly of gold...

          2. 11.Subject to paragraph 14AA below, any musical instrument, where the...

          3. 12.(1) Subject to paragraph 14AA and subject to the provisions...

          4. 12A.(1) Subject to paragraph 14AA, any article—

          5. 12B.(1) Subject to paragraph 14AA, any article—

          6. 12C.(1) Subject to paragraph 14AA, any article—

          7. 12D.(1) Subject to paragraph 14AA, any article—

          8. 13.Subject to paragraph 14AA below, any article , except an...

          9. 14.Subject to paragraph 14AA below, any article which is of...

          10. 14A.(1) Subject to paragraph 14AA and subject to the provisions...

          11. 14AA.Paragraphs 11 to 14A above do not apply to any...

          12. 14B. Exempted Articles

        12. Existing exemptions

          1. 15.The following articles of gold, if manufactured before 1st January...

          2. 16.(1) Subject to the exceptions below, the following articles of...

          3. 17.Articles of gold or silver manufactured before 1st January 1975,...

        13. Articles manufactured before a given date

          1. 18.Where under this Part of this Schedule an exemption depends...

      3. Part III Use of the Words “Carats”, “Sterling” and “Britannia”

        1. 1.This Part of this Schedule applies for the purposes of...

        2. 2.(1) A description indicating that an article, or the metal...

        3. 3.(1) A description of an article, or of the metal...

      4. Part IV Power to Amend

        1. 1.(1) The Secretary of State may by order—

    2. SCHEDULE 2

      Approved Hallmarks

      1. PART I ARTICLES COMPRISED OF A SINGLE PRECIOUS METAL

        1. 1.Assay office mark Assay office Assay office mark (1) (2)...

        2. 2.Standard mark Precious metal Standard of fineness Standard mark (1)...

        3. 3.Optional pictorial mark Precious metal Standard of fineness Pictorial mark...

        4. 4.Optional date letter Such distinct variable letter of the alphabet...

        5. 5.Optional additional mark Such mark (if any) as may be...

      2. PART 2 ARTICLES COMPRISED OF TWO OR MORE PRECIOUS METALS

        1. 6.An article comprised of two or more precious metals shall...

        2. 7.The article shall be struck with— (a) the assay office...

        3. 8.(1) The person who submits the article to an assay...

        4. 9.(1) This paragraph applies if— (a) an assay office have...

        5. 10.(1) This paragraph applies to the striking of hallmarks other...

        6. 11.(1) If the person who submits the article to the...

        7. 12.Any small working parts contained within an article which for...

        8. 13.Where any article of gold, silver , platinum or palladium...

        9. 14.Where any article of silver , platinum or palladium is...

        10. 15.For the purposes of this Part and Part 3—

      3. PART 3 ARTICLES COMPRISED OF PRECIOUS METAL PARTS AND OTHER MATERIALS

        1. 16.(1) A mixed material article shall not be hallmarked unless,...

        2. 17.A mixed material article with only a single precious metal...

        3. 18.A mixed material article comprised of two or more precious...

        4. 19.For the purposes of this Part— (a) “ base metal...

      4. Part IV General

        1. 20.Each of the marks comprising the approved hallmarks shall be...

    3. SCHEDULE 3

      Provisions as to Offences

      1. Penalties for offences

        1. 1.A person guilty of an offence under this Act for...

      2. Time limit for prosecutions

        1. 2.(1) No prosecution for an offence under this Act shall...

      3. Offences by corporations

        1. 3.(1) Where an offence under this Act which has been...

      4. Offences due to fault of other person

        1. 4.Where the commission by any person of an offence under...

      5. Innocent publication of advertisement

        1. 5.In proceedings for an offence under this Act committed by...

      6. Defence in proceedings under section 1

        1. 6.In any proceedings for an offence under section 1 of...

    4. SCHEDULE 4

      The British Hallmarking Council

      1. Constitution

        1. 1.The Council shall consist of not less than sixteen nor...

        2. 2.(1) Ten of the members of the Council shall be...

        3. 3.(1) Six of the members of the Council shall be...

        4. 4.Members shall be appointed under the preceding provisions of this...

        5. 5.(1) Not more than two members of the Council may...

        6. 6.A person wholly or mainly employed by an assay office,...

        7. 7.The first meeting of the Council shall be held on...

        8. 8.(1) A member of the Council may at any time,...

        9. 9.(1) The Council shall elect a person to serve as...

        10. 10.A person retiring from or resigning office as the chairman...

        11. 11.The powers of the Council or any committee thereof may...

        12. 12.Questions arising at any meeting of the Council or of...

        13. 13.The chief executive of an assay office and any other...

        14. 14.(1) The Council may in any standing orders made by...

      2. Committees

        1. 15.The Council may appoint a technical committee and one or...

      3. Standing Orders

        1. 16.The Council may make standing orders for regulating the proceedings...

      4. Incorporation, etc.

        1. 17.(1) The Council shall be a body corporate with perpetual...

      5. Expenses and Accounts

        1. 18.(1) The expenses of the Council (which may include reasonable...

        2. 19.(1) The Council shall keep proper accounts of all sums...

        3. 20.The Council may pay to the chairman of the Council...

      6. Officers and Servants

        1. 21.The Council shall appoint a secretary and such other officers...

    5. SCHEDULE 5

      Powers and Duties of Assay Offices

      1. Submission of new wares for assaying and hallmarking

        1. 1.An assay office may refuse to assay or mark any...

      2. Assaying and hallmarking

        1. 2.(1) Upon receipt of any article submitted to an assay...

      3. Inspections by H.M. Mint

        1. 3.(1) Her Majesty’s Mint may at any time and from...

      4. Safe custody of marks

        1. 4.(1) Each assay office shall be responsible both for the...

    6. SCHEDULE 6

      Procedures for Orders

      1. Part I Orders Under Section 16(1) on Application

        1. 1.Before making application for an order under subsection (1)(b) of...

        2. 2.On application for any order to which this Part of...

        3. 3.Not later than the date on which the said notice...

        4. 4.The applicants shall also publish in the Gazette a notice...

        5. 5.The applicants shall, at the request of any person interested,...

        6. 6.The Secretary of State may make an order in the...

        7. 7.If, before the expiration of the twenty-eight days referred to...

        8. 8.On the making of an order to which this Part...

        9. 9.The costs incurred by the Secretary of State in connection...

        10. 10.In this Part of this Schedule “the Gazette” means in...

      2. Part II Modifications of Part I of this Schedule for Purposes of Orders Under Section 16(2) Where no Application

        1. 11.In relation to any order under section 16(2) of this...

    7. SCHEDULE 7

      Enactments Repealed

      1. Part I—Public General Acts

        1. Acts of Parliament of Ireland

      2. Part II—Local Acts

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