The National Savings Stamps Regulations 1969

Statutory Instruments

1969 No. 1343

BORROWING AND SECURITIES

The National Savings Stamps Regulations 1969

Made

22nd September 1969

Laid before Parliament

30th September 1969

Coming into Operation

1st October 1969

The Treasury, in exercise of the powers conferred on them by section 122 of the Post Office Act 1969, and of all other powers enabling them in that behalf, hereby make the following Regulations:—

1.  These Regulations may be cited as the National Savings Stamps Regulations 1969, and shall come into operation on 1st October 1969.

2.—(1) In these Regulations “ national savings stamp” has the meaning assigned to it by section 35(1) of the Finance Act 1961 as amended by section 112 of the Post Office Act 1969.

(2) Any reference in these Regulations to the provisions of any enactment shall be construed, unless the context otherwise requires, as a reference to those provisions as amended by any other enactment.

(3) The Interpretation Act 1889 shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.

3.  The provisions of the Stamp Duties Management Act 1891 and section 63 of the Post Office Act 1953, as set out and modified in the Schedule to these Regulations, shall apply to national savings stamps:

Provided that the provisions of section 13 of the Stamp Duties Management Act 1891, to the extent that they are printed in italics in the said Schedule, shall apply only in Scotland.

B. K. O'Malley

J. McCann

Two of the Lords Commissioners of Her Majesty's Treasury

22nd September 1969

Regulation 3

SCHEDULE PROVISIONS APPLIED WITH MODIFICATIONS TO NATIONAL SAVINGS STAMPS

THE STAMP DUTIES MANAGEMENT ACT 1891

Enactment and subject-matter	Modified provision applied
Section 3 (power to grant licences to deal in stamps).	(1) The Director of Savings may, in his discretion, grant a licence to any person to deal in stamps at such places and subject to such conditions as may be specified in the licence. (2) . . . (3) . . . (4) One licence . . . only shall be required for any number of persons in partnership, and a licence may at any time be revoked by the Director of Savings.
Section 4 (penalty for unauthorised dealing in stamps etc.)	(1) If any person . . . deals in any manner in stamps, without being duly authorised or licensed so to do, or, being so licensed, acts in contravention of his licence, he shall for every such offence be liable to a fine not exceeding £20. (2) If any person who is not . . . duly authorised or licensed to deal in stamps has or puts upon his premises either in the inside or on the outside thereof, or upon any board or any material whatever exposed to public view, and whether the same be affixed to his premises or not, any letters importing or intending to import that he deals in stamps, or is authorised or licensed so to do, he shall be liable to a fine not exceeding £10.
Section 13 (certain offences in relation to stamps).	Every person who does, or causes or procures to be done, or knowingly aids, abets, or assists in doing any of the acts following, that is to say:— (1) Forges a die or stamp; (2) Prints or makes an impression upon any material with a forged die; (3) Fraudulently prints or makes an impression upon any material from a genuine die; (4) . . . (5) . . . (6) . . . (7) . . . (8) Knowingly sells or exposes for sale or utters or uses any forged stamp or any stamp which has been fraudulently printed or impressed from a genuine die; (9) Knowingly, and without lawful excuse (the proof whereof shall lie on the person accused), has in his possession any forged die or stamp or any stamp which has been fraudently printed or impressed from a genuine die . . . , shall be guilty of an offence and shall on conviction on indictment be liable to imprisonment for a term not exceeding fourteen years.
Section 16 (proceedings for detection of forged dies etc.)	On information given before a justice upon oath that there is just cause to suspect any person of being guilty of any of the offences aforesaid, such justice may, by a warrant under his hand, cause every house, room, shop, building or place belonging to or occupied by the suspected person, or where he is suspected of being or having been in any way engaged or concerned in the commission of any such offence, or of secreting any machinery, implements or utensils applicable to the commission of any such offence, to be searched, and if upon such search any of the said several matters and things are found, the same may be seized and carried away, and shall afterwards be delivered over to the Director of Savings.
Section 17 (proceedings for detection of stamps stolen or obtained fraudulently).	(1) Any justice having jurisdiction in the place where any stamps are known or supposed to be concealed or deposited may, upon reasonable suspicion that the same have been stolen or fraudulently obtained, issue his warrant for the seizure thereof, and for apprehending and bringing before himself or any other justice within the same jurisdiction the person in whose possession or custody the stamps may be found, to be dealt with according to law. (2) If the person does not satisfactorily account for the possession of the stamps or it does not appear that the same were purchased by him . . . from some person duly authorised or licensed to deal in stamps, the stamps shall be forfeited and shall be delivered over to the Director of Savings. (3) Provided that if at any time within six months after the delivery any person makes out to the satisfaction of the Director of Savings that any stamps so forfeited were stolen or otherwise fraudulently obtained from him, and that the same were purchased by him . . . from some person duly authorised or licensed to deal in stamps, such stamps may be delivered up to him.
Section 25 (mode of granting licences).	Any licence . . . to be granted by the Director of Savings under this Act . . . may be granted by such officer or person as the Director of Savings may authorise in that behalf.
Section 26 (recovery of fines).	All fines imposed by this Act may be proceeded for and recovered in the same manner and, in the case of summary proceedings, with the like power of appeal as any fine or penalty under any Act relating to the excise.
Section 27 (definitions).	In this Act . . . the expression “material”includes every sort of material upon which words or figures can be expressed; . . . the expression “die” includes any plate, type, tool or implement whatever used under the direction of the Director of Savings in the making of national savings stamps . . . and also any part of any such plate, type, tool or implement; the expressions “forge” and “forged” includes counterfeit and counterfeited; the expression “stamp” means , in relation to a national savings stamp, an adhesive stamp; . . . the expression “justice” means justice of the peace.
Section 63 (prohibition of fictitious stamps).	(1) A person shall not— (a) make, knowingly utter, deal in or sell any fictitious stamp; (b) have in his possession, unless he shows a lawful excuse, any fictitious stamp; or (c) make or, unless he shows a lawful excuse, have in his possession any die, plate, instrument or materials for making any fictitious stamp. (2) A person shall not knowingly use any fictitious stamp for the purpose of purchasing national savings certificates, premium savings bonds or any other securities or for any other purpose for which national savings stamps may be used. (3) If any person acts in contravention of the foregoing provisions of this section, he shall be liable on summary conviction to a fine not exceeding £20. (4) Any stamp, die, plate, instrument or materials found in the possession of any person in contravention of subsection (1) of this section may be seized and shall be forfeited. (5) The importation into the United Kingdom— (a) of any facsimile, imitation or representation, whether on paper or otherwise, of any national savings stamp; or (b) of any die, plate, instrument or materials for making such a facsimile, imitation or representation, is hereby prohibited. (6) In this section the expression “fictitious stamp” means any facsimile, imitation or representation, whether on paper or otherwise, of any national savings stamp.

EXPLANATORY NOTE

These Regulations apply to national savings stamps, with the necessary modifications, certain provisions of the Stamp Duties Management Act 1891 and section 63 of the Post Office Act 1953. The Regulations replace similar provisions (in Regulation 3 of and Schedule 1 to the Savings Certificates Regulations 1933 (S.R. & O. 1933/1149)) which are being revoked by the Savings Certificates (Amendment) (No. 2) Regulations 1969 (S.I. 1969/1334).