Hallmarking (Amendment) Act 2019
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Amendment of Principal Act | ||
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9. The Principal Act is amended by the insertion of the following sections after section 6A (inserted by section 99 of the Act of 2007): | ||
“Multi-metal articles | ||
6B. (1) Subject to subsection (2), the following requirements shall apply to a multi-metal article: | ||
(a) both the precious metal, or alloy of precious metal, and non-precious metal of the article shall be clearly visible; | ||
(b) the precious metal, or alloy of precious metal, of the article shall be marked with an approved hallmark; | ||
(c) the non-precious metal of the article shall be— | ||
(i) clearly distinguishable from the precious metal, or alloy of precious metal, of the article by its colour, | ||
(ii) neither coated nor treated to give the appearance of a precious metal or alloy of precious metal, and | ||
(iii) marked with the word ‘METAL’. | ||
(2) Paragraphs (a) and (c) of subsection (1) shall not apply to any non-precious metal of a multi-metal article where that non-precious metal performs a mechanical function for which the precious metal, or alloy of precious metal, of the multi-metal article is unsuitable either for reasons of strength or durability. | ||
(3) The provisions of this Act, the enactments specified in subsection (2) of section 8, and any regulations made thereunder, shall, with any necessary modifications, apply to the precious metal, or alloy of precious metal, of a multi-metal article as if that precious metal or alloy of precious metal were an article of precious metal and, for that purpose, a reference to articles of precious metal shall include a reference to the precious metal, or alloy of precious metal, of a multi-metal article. | ||
Offence relating to supply of multi-metal articles | ||
6C. (1) It shall be an offence for a trader to supply a multi-metal article that does not comply with the requirements specified in subsection (1) of section 6B. | ||
(2) A person guilty of an offence under this section shall be liable on summary conviction— | ||
(a) in the case of a first offence, to a class B fine or to imprisonment for a term not exceeding 6 months or to both, and | ||
(b) in the case of any subsequent offence, to a class A fine or to imprisonment for a term not exceeding 12 months or to both. | ||
(3) Sections 78, 80 and 84 of the Act of 2007 shall apply to an offence under this section as they apply to an offence under that Act and, for that purpose, references in those sections to an offence under that Act shall be construed as including references to an offence under this section. | ||
(4) Sections 10(1), 24, 35 and 36 of the Competition and Consumer Protection Act 2014 shall apply for the purposes of this section and section 6B, subject to the modification that references in those sections to the relevant statutory provisions shall be construed as a reference to this section and section 6B. | ||
(5) In this section— | ||
‘Act of 2007’ means the Consumer Protection Act 2007 ; | ||
‘trader’ and ‘supply’ have the same meanings respectively as they have in section 2 of the Act of 2007.”. |