Hallmarking Act 1973

2 Meaning of approved hallmarks, etc.

(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 Gold smiths 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.

(2) Marks within subsection (1)(c) above are in this Act called “convention hallmarks ”.

(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 such convention or treaty, 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 hall mark, 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.