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An Act to make fresh provision for the composition, assaying, marking and description of articles of, or containing, precious metals, and as to agencies for the implementation and enforcement thereof; and for purposes connected with those matters.
[25th July 1973]
C1Act modified (19.7.1995) by 1995 c. v, s. 3 and by 1995 c. vi, s. 3.
Act modified (29.2.1996) by 1996 c. i, s. 1, Sch. para. 3.
I1Act wholly in force at 1. 1. 1975 see s. 24(2)
(1)Subject to the provisions of this Act, any person who, in the course of a trade or business—
(a)applies to an unhallmarked article a description indicating that it is wholly or partly made of gold, silver or platinum, or
(b)supplies, or offers to supply, an unhallmarked article to which such a description is applied,
shall be guilty of an offence.
(2)Subsection (1) above shall not apply to a description which is permitted by Part I of Schedule 1 to this Act.
(3)Subsection (1) above shall not apply to an article within Part II of the said Schedule.
(4)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2(4A)Subsection (4B) applies in any case where—
(a)the giving of a description of the fineness (whether in parts per thousand or otherwise) of any precious metal constitutes advertising within the meaning of the Business Protection from Misleading Marketing Regulations 2008, and
(b)the description is false to any extent or degree (except by understating the fineness).
(4B)In any such case, the giving of the description is to be treated as satisfying the requirements of regulation 3(2) of those Regulations (requirements for advertising to be misleading).
(4C)Subsection (4D) applies in any case where—
(a)the giving of a description of the fineness (whether in parts per thousand or otherwise) of any precious metal constitutes a commercial practice within the meaning of the Consumer Protection from Unfair Trading Regulations 2008, and
(b)the description is false to any extent or degree (except by understating the fineness).
(4D)In any such case, the giving of the description is to be treated as satisfying the conditions in regulation 5(2) of those Regulations (conditions for a commercial practice to be a misleading action).]
(5)Part III of the said Schedule shall apply for construing descriptions relating to the fineness of precious metals.
(6)The provisions of this section have effect subject to Part IV of the said Schedule.
(7)For the purposes of this section—
(a) “advertisement” includes a catalogue, a circular and a price list,
(b)section 4 of the Act of 1968 (which defines “applies a trade description”) shall apply to paragraphs (a) and (b) of subsection (1), for the interpretation of references to a description being applied to any article, as it applies for the interpretation of references in that Act to applying a trade description,
(c)a person exposing articles for supply, or having articles in his possession for supply, “offers to supply” them.
(8)Where in an advertisement a description is used in relation to any class of articles, the description shall be taken as referring to all articles of the class, whether or not in existence at the time the advertisement is published—
(a)for the purpose of determining whether an offence has been committed under subsection (1)(a) above, and
(b)where articles of the class are supplied or offered to be supplied by a person publishing or displaying the advertisement, also for the purpose of determining whether an offence has been committed under subsection (1)(b) above;
and section 5(3) of the Act of 1968 (defining goods of the class in question) shall apply for determining whether any articles are of a class to which a description used in an advertisement relates.
(9)Section 39(2) of the Act of 1968 (descriptions in publications or broadcasts) shall apply for the purposes of this section.
F1S. 1(4) repealed (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 30(1)(3), Sch. 2 para. 16(2), Sch. 4 Pt. 1 (with reg. 28(2)(3))
F2S. 1(4A)-(4D) inserted (26.5.2008) by The Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277), reg. 30(1), Sch. 2 para. 16(3) (with reg. 28(2)(3))
(1)In this Act, unless the context otherwise requires, “approved hallmarks” means—
(a)marks struck by an assay office in the United Kingdom, whether before or after the commencement of this Act, under the law for the time being in force, or
(b)marks struck by the Wardens and Commonalty of Goldsmiths of the City of Dublin before 1st April 1923, or
(c)marks struck by an assay office under the law of a country outside the United Kingdom, being marks designated for the purposes of this section by order of the Secretary of State as marks recognised pursuant to any international convention or treaty to which Her Majesty’s Government in the United Kingdom is a party [F1, or
(d)marks struck in an EEA State other than the United Kingdom, being marks which—
(i)have been struck by an independent body in accordance with the law of that State; and
(ii)provide information which is equivalent to the information provided by the marks mentioned in section 4(1)(a)(i) and (ii) of this Act and which is intelligible to consumers in the United Kingdom.]
(2)Marks within subsection (1)(c) above are in this Act called “convention hallmarks”[F2, and marks within subsection (1)(d) above are in this Act called “EEA hallmarks”.].
[F3(2A)In this section “EEA State” has the meaning given to it in Schedule 1 to the Interpretation Act 1978]
(3)The Secretary of State may by order make such provision as appears to him appropriate for enabling articles submitted to an assay office in the United Kingdom to be struck with marks which, pursuant to any [F4convention or treaty falling within subsection (1)(c) above], will, or will with other marks, be accorded recognition under the law of any other country, and for making consequential or incidental provisions, including provision for excluding or modifying any of the provisions of this Act.
(4)For the purposes of this Act an article is unhallmarked—
(a)if it does not bear the approved hallmarks and the sponsor’s mark, or
(b)if the article has been the subject of any improper alteration.
(5)In this Act “improper alteration” means an addition, alteration or repair which has been made to an article bearing approved hallmarks and—
(a)which contravened section 5 of this Act, or
(b)which was made before the coming into force of that section,and would have required the consent of an assay office if that section had been in force, or
(c)in the case of an article which bears a convention hallmark [F5or an EEA hallmark], would have required that consent if the addition, alteration or repair had been made in the United Kingdom:
Provided that paragraphs (b) and (c) of this subsection shall not apply if, after the making of the addition, alteration or repair, the article has been re-assayed and struck with any further approved hallmark.
F1S. 2(1)(d) and preceding word inserted (1.1.1999) by S.I. 1998/2978, reg. 2(2).
F2Words in s. 2(2) inserted (1.1.1999) by S.I. 1998/2978, reg. 2(3).
F3S. 2(2A) substituted (6.4.2007) by The Hallmarking Act 1973 (Amendment) Regulations 2007 (S.I. 2007/872), reg. 2(2)
F4Words in s. 2(3) substituted (1.1.1999) by S.I. 1998/2978, reg. 2(5).
F5Words in s. 2(5)(c) inserted (1.1.1999) by S.I. 1998/2978, reg. 2(6).
(1)Before an article is submitted to an assay office to be struck with the approved hallmarks there shall be struck on the article a mark indicative of the manufacturer or sponsor and known as the sponsor’s mark:
Provided that the assay office and the manufacturer or sponsor of an article may make arrangements for the sponsor’s mark to be struck by that assay office upon submission of the article to be struck with the approved hallmarks.
(2)After 31st December 1975 all sponsors’ marks for the time being in use shall cease to be authorised for striking on any article intended to be struck with the approved hallmarks and thenceforth a sponsor’s mark shall be authorised (whether or not of the same design as any sponsor’s mark which was authorised before 1st January 1976) only if it is for the time being registered under the following provisions of this section with an assay office by which the article is intended to be so struck.
Any sponsor’s mark which is registered under this section shall include the initial letters of the name or names of the manufacturer or sponsor and shall be of such design as may be approved by an assay office:
Provided that nothing in this paragraph shall apply to the registration on or before 31st December 1975 by a manufacturer or sponsor (or to the renewal from time to time thereafter of that registration) of the same mark as until that date has been authorised for use by him in terms of subsection (2) of this section.
(b)An assay office shall maintain a register of sponsors’ marks for the time being registered and approved by that assay office under this section
(4)Upon application for registration or renewal of the registration of any sponsor’s mark under this section with an assay office, there shall be payable by the applicant such reasonable fee as for the time being is specified in regulations made by the Council and any application shall be made in such form accompanied by such particulars and exhibits as may be so specified.
(5)Registration or renewal of the registration of any sponsor’s mark under this section shall be subject to the approval, provision and recording from time to time (in accordance with regulations made by the Council) of such punches or other equipment as may be specified in such regulations.
(6)Any assay office may register under this section their own sponsor’s mark, being of such design as may be approved by resolution of the Council; and in any case where a person submits an article to an assay office for striking with the approved hallmarks and that assay office are of opinion that they would not be justified in requiring that person to register and strike a sponsor’s mark in accordance with the foregoing provisions of this section, the sponsor’s mark of that assay office may be struck on the article.
(7)The registration of a sponsor’s mark under this section shall cease to have effect after the expiration of the period of ten years following registration but without prejudice to the making of any application for renewal of such registration.
(8)Any person who without authority strikes an article with a mark purporting to be a sponsor’s mark authorised under this section shall be guilty of an offence.
(1)Subject to the provisions of this section and of Schedule 2 to this Act, any article of precious metal, which is submitted to an assay office for hallmarking and which upon assay is found in all its parts to be of a standard of fineness not less than the minimum fineness for that precious metal, shall be struck by that assay office with the approved hallmarks, namely—
(a)as respects articles comprised of a single precious metal (and governed by Part I of the said Schedule 2)—
(i)the assay office mark as specified in paragraph 1 of the said Schedule appropriate to the assay office specified in column (1) opposite to such mark;
(ii)the standard mark specified in paragraph 2 of the said Schedule as respects an article of the precious metal specified opposite thereto in column (1) of the said paragraph assaying to a standard of fineness specified in column (2) of the said paragraph and also so opposite;
[F1(iii)the pictorial mark, or one of the pictorial marks, specified in paragraph 3 of the said Schedule as respects an article of the precious metal specified opposite thereto in column (1) of the said paragraph assaying to a standard of fineness specified in column (2) of the said paragraph and also so opposite;
(iv)the date letter directed pursuant to paragraph 4 of the said Schedule; and
(v)the mark (if any) directed pursuant to paragraph 5 of the said Schedule;]
(b)as respects articles comprised of two or more precious metals and satisfying the conditions of Part II of the said Schedule 2, marks struck in accordance with that Part; and
(c)as respects articles comprised of precious metal and other materials and satisfying the conditions of Part III of the said Schedule 2, marks struck in accordance with that Part;
and, as respects all such articles, in compliance with any directions given by the Council pursuant to Part IV of the said Schedule with respect to any shield or other border by which any approved hallmark is to be enclosed.
[F2(2)Each of the approved hallmarks mentioned in subsection (1)(a)(iii), (iv) and (v) above shall be struck by an assay office on an article only if a request to that effect is made by the person who submits the article to the assay office; but the absence of any such approved hallmark on an article by virtue of this subsection shall not in itself render the article unhallmarked for the purposes of this Act.]
(3)No article shall be struck with the approved hallmarks unless—
(a)the assay office are of opinion that the use of any solder [F3or adhesive] is not excessive;
(b)except in a case where the assay office otherwise permit, any solder used in an article of—
(i)gold, is gold of a fineness not less than the standard of fineness of the article:
Provided that solder used in any article—
(a)of a standard of fineness of 916.6 [F4or above] may be of a fineness not less than 750; and
(b)of filigree work or being a watch case and in either case of a standard of fineness of 750, may be of a fineness not less than 740; and
(c)of white gold of a standard of fineness of [F5not less than 585 and not more than 750], may be of a fineness not less than 500;
(ii)silver, is silver of a fineness not less than 650;
(iii)platinum, is gold, silver, platinum or palladium or a combination of two or more thereof and is of a fineness or (as the case may be) of a combined fineness not less than [F6the standard of fineness of the article]; and
(c)solder of a fineness less than the standard of fineness of the article [F7or adhesive] is used in a quantity not more than is necessary for joining parts of the article and is not used for strengthening, weighting, filling or otherwise.
[F8(3A)An article comprised of more than one precious metal part shall be struck with the approved hallmarks only if the assay office are of the opinion that a person will be able to determine, when the article is hallmarked, which part is made of which precious metal.]
F9(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)If—
(a)an assay office have refused to hallmark an article submitted to them for hallmarking under this section; and
(b)the person submitting the article has referred the matter to the Council in writing;
the Council shall consider the case and, if they are of the opinion that the assay office were acting unreasonably in refusing to hallmark the article, they shall direct the assay office to strike the article with the approved hallmarks.
(6)It shall be the duty of an assay office to whom a direction has been given under subsection (5) above to comply with the direction.
The Secretary of State may, after consulting the Council and such other persons as he thinks fit, make regulations wholly or partly varying, supplementing or replacing the foregoing provisions of this section and the provisions of Schedule 2 to this Act; and upon the coming into operation of regulations made under this subsection those provisions, or such of them as may be specified in such regulations together with any regulations or directions made or given under those provisions, shall have effect as so varied or supplemented or (as the case may be) shall cease to have effect.
(b)Regulations made under this subsection may contain such transitional, incidental, supplementary or consequential provision as the Secretary of State considers necessary or expedient for the purpose of the regulations, including provision applying, extending, excluding or amending, or repealing or revoking, with or without savings, any provision of this Act or an instrument under this Act.
F1S. 4(1)(a)(iii)(iv)(v) substituted (1.1.1999) for s. 4(1)(a)(iii) and the word “and” immediately preceding it by S.I. 1998/2978, reg. 2(7).
F2S. 4(2) substituted (1.1.1999) for s. 4(1A)(2) by S.I. 1998/2978, reg. 2(8).
F3Words inserted by S.I. 1986/1757, reg. 2(b)
F4Words in s. 3(b)(i)(a) inserted (1.1.1999) by S.I. 1998/2978, reg. 2(9).
F5Words substituted by S.I. 1986/1757, reg. 2(c)
F6Figure in s. 4(3)(b)(iii) substituted (1.1.1999) by S.I. 1998/2978, reg. 2(10).
F7Words inserted by S.I. 1986/1757, reg. 2 (d)
F8S. 4(3A) inserted (6.4.2007) by The Hallmarking Act 1973 (Amendment) Regulations 2007 (S.I. 2007/872), reg. 2(3)
F9S. 4(4) omitted (1.1.1999) by S.I. 1998/2978, reg. 2(11).
C1S. 4 modified by S.I. 1976/730, art. 5(2), 6 (which S.I. was revoked (1.4.2002) by S.I. 2002/506, art. 1(2))
C2S. 4 modified (1.4.2002) by The Hallmarking (International Convention) Order 2002 (S.I. 2002/506), arts. 5(2), 6
(1)Subject to subsections (3) to (5) below, it shall be an offence for any person to make an addition, alteration or repair to an article bearing approved hallmarks, except in accordance with the written consent of an assay office.
(2)Subject to subsection (3) below, it shall be an offence for any person to remove, alter or deface any mark struck on an article, except in accordance with the written consent of an assay office.
For the purposes of this subsection “mark” means a sponsor’s mark, any approved hallmark, the word “filled”, the word “metal” or any other word for the time being prescribed by or under section 4 of, or Schedule 2 to, this Act.
(3)It shall not be an offence under subsection (1) or (2) above to batter an article so as to render it fit only for remanufacture.
(4)It shall not be an offence under subsection (1) above to make an addition to an article which is not a new ware if the character of the article, and the purposes for which it can be used, remain unaltered and—
(a)the addition is of the same precious metal as that of the article;
(b)the metal added to the article is of a fineness not less than the standard of fineness of the article; and
(c)the amount of metal added does not exceed the lesser of—
(i)1 gram of gold, 5 grams of silver or 0·5 grams of platinum, as the case may be; and
(ii)50 per cent. of the weight of the article immediately before the addition was made.
(5)It shall not be an offence under subsection (1) above to add a coating, of a thickness not exceeding 2 micrometres at any point, to the whole or any part of—
(a)an article of gold, if the coating is of gold of a fineness not less than the standard of fineness of the article; or
(b)an article of silver, if the coating is of silver of a fineness not less than the standard of fineness of the article; or
(c)an article of silver, if the coating is of gold of not less than the minimum fineness; or
(d)an article of gold, silver or platinum, if the coating is of rhodium.
(6)In giving any consent for the purposes of subsection (1) or (2) above, an assay office may make it a condition of the consent that the article concerned, or any addition made to it, be further assayed and struck with—
(a)the sponsor’s mark; and
(b)such of the approved hallmarks as may be specified in directions issued by the Council for the purposes of this subsection or, in the absence of any such directions, such of the approved hallmarks as may be determined by the assay office.
(7)If—
(a)an application for consent under subsection (1) or (2) above has been refused by an assay office; and
(b)the applicant has referred the matter to the Council, in writing;
the Council shall consider the case and, if they are of the opinion that the assay office were acting unreasonably in withholding the consent applied for, they shall direct the assay office to grant the consent.
(8)Without prejudice to subsection (6) above, it shall be the duty of an assay office to whom a direction has been given under subsection (7) above to comply with the direction.
(1)Any person who—
(a)with intent to defraud or deceive, makes a counterfeit of any die or mark; or
(b)removes any mark from an article of precious metal with intent to transpose it to any other article (whether of precious metal or not) or affixes to any article (whether of precious metal or not) any mark which has been removed from an article of precious metal; or
(c)utters any counterfeit of a die or any article bearing a counterfeit of a mark; or
(d)without lawful authority or excuse, has in his custody or under his control anything which is, and which he knows or believes to be, a counterfeit of a die or an article (whether of precious metal or not) which bears a counterfeit of any mark,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400, or on conviction on indictment to a fine or imprisonment for a term not exceeding ten years.
(2)In subsection (1) above—
“die” means the whole or part of any plate, tool or instrument by means whereof any mark of the nature of a sponsor’s mark or a hallmark is struck on any metal; and
“mark” means any mark of the nature of a sponsor’s mark or hallmark.
(3)For the purposes of subsection (1) above, a person utters any counterfeit die or article bearing a counterfeit of a mark if, knowing or believing the die or mark, as the case may be, to be a counterfeit, he supplies, offers to supply, or delivers the die or article.
(4)Sections 5(4)(b), 8(2)(a) and 16(2)(d) of the M1Forgery Act 1913, and so much of section 6 of that Act as relates to any die used for the marking or stamping of gold or silver plate, or gold or silver wares, shall cease to have effect.
(1)Subject to subsection (2) of this section, an assay office may at their discretion cancel, or obliterate any mark of the character of a hallmark (whether appearing to be an approved hallmark or to be a mark which in the opinion of the assay office is likely to be confused with such a hallmark) which an article coming into their custody or possession bears and which the assay office are satisfied—
(a)has not been struck thereon by an assay office according to law; or
(b)is not a true description because the article appears to have been the subject of an improper alteration.
(2)Notwithstanding anything in any enactment, an assay office shall not, otherwise than by leave of the owner or other person appearing to have the control of any article, obliterate any ancient mark but shall cancel the same in a manner authorised under subsection (3) of this section.
(3)The Council may issue directions to assay offices as to the manner in which an ancient mark may be cancelled under the last foregoing subsection.
(4)If it be proved that an assay office have—
(a)cancelled, or obliterated any mark (as described in subsection (1) of this section), which has been struck by an assay office according to law on an article which has not been the subject of an improper alteration; or
(b)obliterated any ancient mark upon an article,
the assay office (but not any other person) shall be liable in damages to any person interested in the article.
(5)In any action brought against an assay office in pursuance of subsection (4) of this section it shall be a defence for them to prove that they had reasonable cause to believe that the circumstances specified respectively in paragraphs (a) or (b) of that subsection did not exist.
(6)It shall be an offence for any person knowingly or any dealer to supply or offer to supply any article bearing any mark of the character of a hallmark and which under subsection (1) of this section may, if the article is in the possession of an assay office, be cancelled, obliterated or defaced, unless the article has been first submitted to an assay office to enable them at their discretion so to cancel, obliterate or deface that mark.
(7)In this section “ancient mark” means a mark of the character of a hallmark appearing to an assay office to have been struck or incorporated before 22nd December 1854 (whether or not by an assay office according to law at the time of its marking or incorporation) upon or into an article which has not since been the subject of any improper alteration.
Hallmarking Act 1973