Mock Auctions Act 1961

1 Penalties for promoting or conducting mock auctions.

(1) . it shall be an offence to promote or conduct, or to assist in the conduct of, a mock auction at which one or more lots to which this Act applies are offered for sale.

(2) Any person guilty of an offence under this Act shall be liable—

(a) on summary conviction to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding three months, or to both such a fine and such imprisonment;

(b) on conviction on indictment, to a fine not exceeding one thousand pounds or to imprisonment for a term not exceeding two years, or to both such a fine and such imprisonment.

(3) Subject to the following provisions of this section, for the purposes of this Act a sale of goods by way of competitive bidding shall be taken to be a mock auction if, but only if, during the course of the sale—

(a) any lot to which this Act applies is sold to a person bidding for it, and either it is sold to him at a price lower than the amount of his highest bid for that lot, or part of the price at which it is sold to him is repaid or credited to him or is stated to be so repaid or credited, or

(b) the right to bid for any lot to which this Act applies is restricted, or is stated to be restricted, to persons who have bought or agreed to buy one or more articles, or

(c) any articles are given away or offered as gifts.

(4) A sale of goods shall not be taken to be a mock auction by virtue of paragraph (a) of the last preceding subsection, if it is proved that the reduction in price, or the repayment or credit, as the case may be,—

(a) was on account of a defect discovered after the highest bid in question had been made, being a defect of which the person conducting the sale was unaware when that bid was made, or

(b) was on account of damage sustained after that bid was made.