Trading Stamps Act, 1980

Restrictions on persons who may carry on business as promoters of trading stamps.

2.—(1) It shall be unlawful for any person or body of persons other than a company which has a place of business in the State to carry on business as the promoter of a trading stamp scheme.

(2) Notwithstanding the provisions of section 128 of the Companies Act, 1963 , that section shall apply to a private company which carries on business as the promoter of a trading stamp scheme.

(3) Any person who carries on business as the promoter of a trading stamp scheme in contravention of subsection (1) of this section shall be guilty of an offence and shall be liable on conviction on indictment to a fine not exceeding £5,000.

(4) A Justice of the District Court shall have jurisdiction to try summarily an offence referred to in subsection (3) of this section if—

(a) the Justice is of opinion that the facts proved against a defendant charged with such an offence constitute a minor offence fit to be tried summarily,

(b) the Director of Public Prosecutions consents,

and

(c) the defendant (on being informed by the Justice of his right to be tried by jury) does not object to being tried summarily,

and, upon conviction under this subsection, the said defendant shall be liable to a fine not exceeding £500.

(5) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence under this section as if, in lieu of the penalties specified in subsection (3) of that section, there were specified therein the penalty provided for by subsection (4) of this section, and the reference in subsection (2) (a) of that section to the penalties provided for in subsection (3) of that section shall be construed accordingly.