Standard view

9 Interpretation

In this Act the following expressions have the meanings hereby assigned to them respectively, that is to say—

• “cash value” means, in relation to any trading stamp, the value stated on such stamp;

• [F1 “conditional sale agreement” means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled;]

• “goods” includes vehicles, vessels, aircraft and animals, and generally includes articles and property of any description;

• [F1 “hire-purchase agreement” means an agreement, other than a conditional sale agreement, under which—

  (a)

  goods are bailed in return for periodical payments by the person to whom they are bailed, and

  (b)

  the property in the goods will pass to that person if the terms of the agreement are complied with and one or more of the following occurs—

  (b)

  (i)

  the exercise of an option to purchase by that person,

  (ii)

  the doing of any other specified act by any party to the agreement,

  (iii)

  the happening of any other specified event;]

• Definition repealed by 1974 c. 39

• “to redeem” means, in relation to any trading stamps, to exchange such stamps (whether by delivering up the stamps or by suffering the same to be cancelled or otherwise howsoever) for money or for goods or for any other benefit, allowance, concession or advantage (but not including the service or repair by the seller or manufacturer of the goods upon or in connection with the purchase of which the stamps are delivered or the replacement of such goods if defective); and the expressions “redeemable” and “redemption” shall be construed accordingly;

• “shop” includes any premises, and any vehicle, stall or place other than premises, on or in which any retail trade or business is carried on;

• “stamp” means any stamp, coupon, voucher, token or similar device, whether adhesive or not, other than lawful money of the realm;

• “stamp book” means a book or similar article in or to which it is intended that trading stamps shall be affixed;

• [F1 “trading stamp” means a stamp which is, or is intended to be, delivered to any person on or in connection with either—

  (i)

  the purchase of any goods, or

  (ii)

  the bailment of any goods under a hire-purchase agreement,

  (other than the purchase of a newspaper or other periodical of which the stamp forms part or in which it is contained) and is, or is intended to be, redeemable (whether singly or together with other such stamps) by that or some other person:

• Provided that a stamp shall not be deemed to be a trading stamp if—

  (a)

  it is delivered or is intended to be delivered to a person (in this definition called “the purchaser” ) on or in connection with the purchase of any goods by the purchaser, or the bailment to him of any goods, and

  (b)

  it is intended to be, and is not, redeemable from any person other than—

  (b)

  (i)

  the person (in this definition called “the seller” ) from whom the purchaser purchased those goods or who bailed those goods to him, or

  (ii)

  any person from whom the seller (whether directly or indirectly) acquired those goods, and

  (c)

  in the case where a business is carried on by six or more retail establishments, the stamp is one of a kind obtainable at no more than six of those retail establishments, and not obtainable by the public elsewhere, and the arrangements under which it is redeemable are entirely separate from arrangements under which any other stamps, whether trading stamps or not, are redeemable,

  and references in this definition to the purchase of goods include references to the obtaining of services for money;]

• “trading stamp scheme” means any arrangements for making trading stamps available for use in shops or elsewhere, together with arrangements for their redemption, and “promoter” , in relation to a trading stamp scheme, includes, in a case where a person carrying on a retail trade or business assumes responsibility for the redemption of trading stamps, that person.