Hallmarking Act 1973 (c. 43)

SCHEDULES

Section 1.

SCHEDULE 1 U.K. Unhallmarked Articles

Part I U.K. Permissible Descriptions

1 (1) Subject to the provisions of this paragraph— U.K.

(a) “gold” is permissible if qualified by the word “plated” or “rolled”;

(b) “silver” is permissible if qualified by the word “plated”;

(c) “platinum” is permissible if qualified by the word “plated”.

(2) If the description is in writing the lettering of “plated” or “rolled” is to be at least as large as any other lettering in the description.

(3) This paragraph does not apply if the description is false or is applied to an article for which the description is inappropriate.

2 U.K. A description is permissible if it is implicitly or in express terms confined to the colour of the article.

Part II U.K. Exempted Articles

1 U.K. An article which is intended for despatch to a destination outside the United Kingdom.

2 U.K. An article which is outside the United Kingdom, or which is in course of consignment from outside the United Kingdom to an assay office in the United Kingdom.

3 U.K. Any coin which is, or was formerly at any time, current coin of the United Kingdom or any other territory.

4 U.K. Any article which has been used, or is intended to be used, for medical, dental, veterinary, scientific or industrial purposes.

[F1 5 U.K. Any battered article fit only to be remanufactured.]

Textual Amendments

F1 Sch. 1 Pt. II para. 5 substituted by S.I. 1975/1883, Sch. para. 1

6 U.K. Any article of gold or silver thread.

7 U.K. Any raw material (including any bar, plate, sheet, foil, rod, wire, strip or tube) or bullion.

8 U.K. Any manufactured article which is not substantially complete, and which is intended for further manufacture.

9 U.K. Any article which is wholly or mainly of platinum, and which was manufactured before 1st January 1975.

Articles exempt if of minimum fineness U.K.

[F2 10 Any article which—

(a) is wholly or mainly of gold or of silver or of gold and silver assaying in all its gold parts not less than 375 parts per thousand and in all its silver parts less than 800 parts per thousand; and

(b) was manufactured before the year 1900 and has not since the beginning of the year 1900 been the subject of any alteration which would be an improper alteration if the article had previously borne approved hallmarks.]

Textual Amendments

F2 Para. 10 substituted by S.I. 1975/1883, Sch. para. 2

11 U.K. [F3 Subject to paragraph 14AA below,] any musical instrument, where the description is applied to the mouthpiece, and the mouthpiece is of minimum fineness.

Textual Amendments

F3 Words inserted by S.I. 1986/1758, art. 2(a)

[F4 12 (1) [F5 Subject to paragraph 14AA and]] subject to the provisions of this paragraph, any article containing only one precious metal, being a metal of minimum fineness and of a weightless than that specified in the following table:

gold	1 gram
silver	7·78 grams
platinum	0·5 gram.

(2) This paragraph does not apply to any article containing materials other than precious metal, unless the article satisfies the conditions for hallmarking of Part III of Schedule 2 to this Act.

Textual Amendments

F4 Para. 12 substituted by S.I. 1982/256, art. 2

F5 Words inserted by S.I. 1986/1758, art. 2(b)

Valid from 01/10/2007

[F6 12A (1) Subject to paragraph 14AA, any article— U.K.

(a) which contains silver of minimum fineness, and

(b) in which the total weight of the metal is less than 7.78 grams.

(2) This paragraph does not apply to any article—

(a) which contains gold, or platinum, of the minimum fineness,

(b) which contains any precious metal that is not of the minimum fineness, or

(c) which contains materials other than precious metal, unless the article satisfies the conditions for hallmarking of Part 3 of Schedule 2 to this Act.

Textual Amendments

F6 Sch. 1 Pt. 2 paras. 12A-12C inserted (1.10.2007) by The Hallmarking Act 1973 (Exemption) (Amendment No. 2) Order 2007 (S.I. 2007/2493), art. 2(4)

Valid from 01/10/2007

12B (1) Subject to paragraph 14AA, any article— U.K.

(a) which contains gold of minimum fineness, and

(b) in which the total weight of the metal is less than 1 gram.

(2) This paragraph does not apply to any article—

(a) which contains platinum of the minimum fineness, or

(b) which contains any precious metal that is not of the minimum fineness, or

(c) which contains materials other than precious metal, unless the article satisfies the conditions for hallmarking of Part 3 of Schedule 2 to this Act.

Textual Amendments

F6 Sch. 1 Pt. 2 paras. 12A-12C inserted (1.10.2007) by The Hallmarking Act 1973 (Exemption) (Amendment No. 2) Order 2007 (S.I. 2007/2493), art. 2(4)

Valid from 01/10/2007

12C (1) Subject to paragraph 14AA, any article— U.K.

(a) which contains platinum of minimum fineness, and

(b) in which the total weight of the metal is less than 0.5 gram.

(2) This paragraph does not apply to any article—

(a) which contains any precious metal that is not of the minimum fineness, or

(b) which contains materials other than precious metal, unless the article satisfies the conditions for hallmarking of Part 3 of Schedule 2 to this Act.]

Textual Amendments

F6 Sch. 1 Pt. 2 paras. 12A-12C inserted (1.10.2007) by The Hallmarking Act 1973 (Exemption) (Amendment No. 2) Order 2007 (S.I. 2007/2493), art. 2(4)

[F7 13 U.K. [F8 Subject to paragraph 14AA below,]] any article [F9 , except an article made of chainwork,] which is wholly of one or more precious metals of minimum fineness and which is so small or thin that it cannot be hallmarked.

Textual Amendments

F7 Para. 13 substituted by S.I. 1975/1883, Sch. para. 4

F8 Words inserted by S.I. 1986/1758, art. 2(a)(c)

F9 Words added by S.I. 1986/1758, art. 2(a)(c)

14 U.K. [F10 Subject to paragraph 14AA below,] any article which is of minimum fineness and which is imported temporarily (whether as a trade sample, or as intended for exhibition otherwise) and for the time being remains under the control of the Commissioners of Customs and Excise.

Textual Amendments

F10 Words inserted by S.I. 1986/1758, art. 2(a)

[F11 14A (1) [F12 Subject to paragraph 14AA and]] subject to the provisions of this paragraph, any article, any precious metal in which is of minimum fineness, and which either—

(a) contains gold and platinum but not silver, and the weight of the gold parts of which exceeds 50 per cent. of the total weight of the precious metals in the article, that total weight being less than 1 gram; or

(b) contains silver and either gold or platinum or both gold and platinum, and the weight of the silver parts of which exceeds 50 per cent. of the total weight of the precious metals in the article, that total weight being less than 7·78 gra

(2) This paragraph does not apply to any article containing materials other than precious metal, unless the article satisfies the conditions for hallmarking of Part III of Schedule 2 to this Act.

Textual Amendments

F11 Para. 14A substituted by S.I. 1982/256, art. 2

F12 Words inserted by S.I. 1986/1758, art. 2(b)

[F13 F14 14AA U.K. Paragraphs 11 to 14A above do not apply to any article in which solder containing precious metal is used unless the solder is of a standard of fineness equivalent to that which would be required under section 4(3) of this Act if the article were submitted to an assay office for hallmarking.]

Textual Amendments

F13 Sch. 1 Pt. II para. 14AA inserted by S.I. 1986/1758, art. 2(d)

F14 Sch. 1 Pt. II para. 14AA inserted by S.I. 1986/1758, art. 2(d)

14B U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

Textual Amendments

F15 Sch. 1 Pt. II para. 14B repealed by S.I. 1982/256, art. 3

Existing exemptions U.K.

15 U.K. The following articles of gold, if manufactured before 1st January 1975 and (except in the case of articles mentioned in sub-paragraph (d) below) of minimum fineness—

(a) rings, except wedding rings, pencil cases, lockets, watch chains and thimbles,

(b) articles consisting entirely of filigree work,

(c) articles so heavily engraved or set with stones that it is impossible to mark them without damage,

(d) jewellers works, that is the actual setting only in which stones or other jewels are set, and jointed sleeper earrings.

16 (1) Subject to the exceptions below, the following articles of silver, if manufactured before 1st January 1975, and (except in the case of articles mentioned in paragraph (e) below) of minimum fineness: U.K.

(a) lockets, watch chains and stamped medals,

(b) mounts the weight of which is less than 15·55 grams.,

(c) articles consisting entirely of filigree work,

(d) silver articles the weight of which is less than 7·78 grams.,

(e) jewellers works, that is the actual setting only in which stones or other jewels are set.

(2) The following articles are not exempt under sub-paragraph (1) above—

(a) necks and collars for bottles on cruet stands,

(b) buttons and studs, seals, wine labels, shoe clasps, buckles, or patch boxes,

(c) salt spoons, shovels or ladles, teaspoons, tea strainers, caddy ladles or spoons,

(d) ornaments for cabinets, knife cases, tea caddies, bridles, stands or frames.

17 U.K. Articles of gold or silver manufactured before 1st January 1975, other than articles mentioned in paragraphs 15 or 16 above, and being of such descriptions as, under any enactment in force immediately before the passing of this Act, to be specifically exempt from hallmarking.

Articles manufactured before a given date U.K.

18 U.K. Where under this Part of this Schedule an exemption depends on the date of manufacture, or the date of any alteration, the manufacture or alteration shall be presumed to be after that date until the contrary is proved.

Part III U.K. Use of the Words “Carats”, “Sterling” and “Britannia”

1 This Part of this Schedule applies for the purposes of section 1 of this Act, this Schedule and the Act of 1968.

2 (1) A description indicating that an article, or the metal in an article, is of so many carats is to be presumed to be an indication that the article or metal is of gold, and that its fineness is that specified in the following table for that number of carats. U.K.

(2) This paragraph shall not apply if (as in a case where the article is a precious stone) the word ’carat’ is used as a measure of weight for precious stones, and not as a measure of fineness.

Table

Number of carats	indicates gold of a standard of fineness of
9	375 parts per thousand
12	500 parts per thousand
14	585 parts per thousand
15	625 parts per thousand
18	750 parts per thousand
22	916·6 parts per thousand

and so in proportion for any other number of carats.

3 (1) A description of an article, or of the metal in an article, as “sterling” or (except in the phrase “Britannia metal”) “Britannia” is to be presumed to be an indication that the article, or the metal, is of silver. U.K.

(2) If “sterling” is the word used, the description is to be presumed to be an indication that the silver is of a standard of fineness of 925.

(3) If the word used is “Britannia” the description is to be presumed to be an indication that the silver is of a standard of fineness of 958·4.

Part IV U.K. Power to Amend

1 (1) The Secretary of State may by order— U.K.

(a) prescribe any cases or circumstances in which subsection (1) of section 1 of this Act is, or is not, to apply, and

(b) add to, amend or repeal all or any of the provisions of Part I, Part II or Part III of this Schedule, and

(c) make any consequential amendments in section 1 of this Act.

(2) An order under this paragraph—

(a) may contain such supplemental or incidental provisions as appear to the Secretary of State to be expedient or necessary, and

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.