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The Hallmarking Act 1973 (Amendment) Regulations 2007

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Regulation 2(6)

SCHEDULE

This schedulenoteType=Explanatory Memorandum has no associated

Parts 2 and 3 of Schedule 2 are substituted as follows.

PART 2ARTICLES COMPRISED OF TWO OR MORE PRECIOUS METALS

6.  An article comprised of two or more precious metals shall not be hallmarked unless, upon assay, each precious metal is of a standard of fineness not less than the minimum fineness for that precious metal.

7.  The article shall be struck with—

(a)the assay office mark, and

(b)the appropriate standard mark for each precious metal.

8.  (1)  The person who submits the article to an assay office may request the assay office to strike the marks mentioned in paragraph 7 on a particular precious metal part.

(2) The assay office must comply with such a request unless they think that, in consequence of doing so, it would not be clear which part of the article is made of which precious metal.

9.  (1)  This paragraph applies if—

(a)an assay office have refused to hallmark an article in accordance with a request under paragraph 8(1), and

(b)the person making the request refers the matter in writing to the Council.

(2) The Council may direct the assay office to comply with the request.

(3) The assay office must comply with the direction.

10.  (1)  This paragraph applies to the striking of hallmarks other than in accordance with a request under paragraph 8.

(2) Each standard mark must be struck on the precious metal part to which it relates.

(3) The assay office mark must be struck together with the standard mark for the least precious metal.

(4) If it is not practical to strike the marks in accordance with sub-paragraphs (2) and (3) they must be struck as follows—

(a)they must be struck together on the least precious metal part,

(b)if sub-paragraph (a) is not practical, they must be struck together on another precious metal part, or

(c)if neither sub-paragraph (a) nor (b) is practical, the assay office mark and the standard mark for the least precious metal must be struck on the least precious metal part and all other hallmarks must be omitted.

11.  (1)  If the person who submits the article to the assay office so requests, the assay office must, if it is practical to do so—

(a)strike the marks set out in section 4(1)(a)(iii) for the least precious metal part, and

(b)strike the marks set out in section 4(1)(a)(iv) and (v).

(2) The absence of an approved hallmark as mentioned in sub-paragraph (1) does not render the article unhallmarked for the purposes of this Act.

12.  Any small working parts contained within an article which for technical reasons are of a lower standard of fineness or of a less precious metal than the remainder of the article shall, if it is practicable to strike a mark on those parts, be struck with the standard mark only but shall otherwise be ignored for the purpose of determining which hallmarks are to be struck on the remainder of the article.

13.  Where any article of gold, silver or platinum is coated in whole or in part with rhodium the rhodium shall be ignored for the purpose of determining which hallmarks are to be struck.

14.  Where any article of silver or platinum is coated in whole or in part with gold the gold coating shall be ignored for the purpose of determining which hallmarks are to be struck.

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

(a)platinum is more precious than silver or gold and gold is more precious than silver and “least precious” and “less precious” shall be construed accordingly,

(b)“assay office mark” means the mark determined in accordance with section 4(1)(a)(i), and

(c)“standard mark” means the mark determined in accordance with section 4(1)(a)(ii) as if the precious metal part comprised a single article.

PART 3ARTICLES COMPRISED OF PRECIOUS METAL PARTS AND OTHER MATERIALS

16.  (1)  A mixed material article shall not be hallmarked unless, upon assay, each precious metal is of a standard of fineness not less than the minimum fineness for that precious metal and sub-paragraph (2) or (3) applies.

(2) If the article includes base metal the base metal part must be clearly distinguishable in appearance (either by the colour of that part or by having struck on it the name of that metal, or the word “metal”, in a manner which complies with any regulations made by the Council) from any precious metal.

(3) If the article does not include base metal the condition in sub-paragraph (4) or (5) must apply.

(4) The condition in this sub-paragraph is that—

(a)the other materials must be clearly distinguishable from any precious metal part,

(b)they must not be plated so as to resemble any precious metal or be of a colour which resembles any precious metal,

(c)their extent must be clearly visible, and

(d)the precious metal part must be of a thickness of not less than 100 micrometres.

(5) The condition in this sub-paragraph is that in respect of any article in which the other materials are wholly or mainly enclosed by precious metal—

(a)the article has been so manufactured as to be capable of being hallmarked before it is filled, and

(b)there has been struck on the article the word “filled” in a manner which complies with any regulations made by the Council.

(6) Paragraph (b) of sub-paragraph (5) does not apply in the case of the handle to a knife, fork or spoon if the quantity of filling in the handle is not more than is necessary for joining.

17.  A mixed material article with only a single precious metal part shall be hallmarked on the precious metal part as if it were a separate article.

18.  A mixed material article comprised of two or more precious metal parts shall be hallmarked on a precious metal part in accordance with Part 2.

19.  For the purposes of this Part—

(a)“base metal” means any metal other than gold, silver or platinum, and

(b)“mixed material article” means an article comprised of one or more precious metal parts and one or more other materials..

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