- Latest available (Revised)
- Original (As enacted)
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Hallmarking Act 1973. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
(1)In this Act, unless the context otherwise requires, “approved hallmarks” means—
(a)marks struck by an assay office in the United Kingdom, whether before or after the commencement of this Act, under the law for the time being in force, or
(b)marks struck by the Wardens and Commonalty of Goldsmiths of the City of Dublin before 1st April 1923, or
(c)marks struck by an assay office under the law of a country outside the United Kingdom, being marks designated for the purposes of this section by order of the Secretary of State as marks recognised pursuant to any international convention or treaty to which Her Majesty’s Government in the United Kingdom is a party [F1, or
(d)marks struck in an EEA State other than the United Kingdom, being marks which—
(i)have been struck by an independent body in accordance with the law of that State; and
(ii)provide information which is equivalent to the information provided by the marks mentioned in section 4(1)(a)(i) and (ii) of this Act and which is intelligible to consumers in the United Kingdom.]
(2)Marks within subsection (1)(c) above are in this Act called “convention hallmarks”[F2, and marks within subsection (1)(d) above are in this Act called “EEA hallmarks”.].
[F3(2A)In this section “EEA State” has the meaning given to it in Schedule 1 to the Interpretation Act 1978]
(3)The Secretary of State may by order make such provision as appears to him appropriate for enabling articles submitted to an assay office in the United Kingdom to be struck with marks which, pursuant to any [F4convention or treaty falling within subsection (1)(c) above], will, or will with other marks, be accorded recognition under the law of any other country, and for making consequential or incidental provisions, including provision for excluding or modifying any of the provisions of this Act.
(4)For the purposes of this Act an article is unhallmarked—
(a)if it does not bear the approved hallmarks and the sponsor’s mark, or
(b)if the article has been the subject of any improper alteration.
(5)In this Act “improper alteration” means an addition, alteration or repair which has been made to an article bearing approved hallmarks and—
(a)which contravened section 5 of this Act, or
(b)which was made before the coming into force of that section,and would have required the consent of an assay office if that section had been in force, or
(c)in the case of an article which bears a convention hallmark [F5or an EEA hallmark], would have required that consent if the addition, alteration or repair had been made in the United Kingdom:
Provided that paragraphs (b) and (c) of this subsection shall not apply if, after the making of the addition, alteration or repair, the article has been re-assayed and struck with any further approved hallmark.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: