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Addition, etc. to hallmarked articles.
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12.—(1) Subject to subsections (3) to (5) of this section, a person who makes an addition, alteration or repair to an article bearing an approved hallmark, except in accordance with the written consent of the Assay Master, shall be guilty of an offence under this section.
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(2) Subject to subsection (3) of this section, a person who removes, alters or defaces any approved hallmark struck on an article, except in accordance with the written consent of the Assay Master, shall be guilty of an offence under this section.
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(3) Notwithstanding subsections (1) and (2) of this section, it shall not be an offence under this section to batter an article of precious metal so as to render it fit for re-manufacture only.
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(4) Notwithstanding subsection (1) of this section, it shall not be an offence under this section to make an addition to an article of precious metal which is not a new article if—
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(a) the character of the article and the purposes for which it can be used remain unaltered;
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(b) the addition is of the same precious metal as that of the article;
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(c) the metal added to the article is of a fineness not less than the Irish standard of fineness for the time being of the article;
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and
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(d) the amount of metal added does not exceed the lesser of the following—
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(i) 1 gram of gold, 5 grams of silver or 0.5 grams of platinum (as may be appropriate);
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(ii) 50 per cent of the weight of the article immediately before the addition was made.
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(5) It shall not be an offence under this section to add a coating of a thickness not exceeding 2 micrometres at any point to the whole or any part of—
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(a) an article of gold, if the coating is of gold of a fineness not less than the Irish standard of fineness for the time being for the article;
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(b) an article of silver, if the coating is of silver of a fineness not less than the Irish standard of fineness for the time being or
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(c) an article of silver if the coating is of gold of not less than the minimum Irish standard of fineness;
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(d) an article of gold, silver or platinum, if the coating is of rhodium.
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(6) In giving any consent under subsection (1) or (2) of this section, the Assay Master may make it a condition of his consent that the article or any addition made to it be further assayed and struck with the sponsor's mark and such approved hallmarks as may be specified in regulations made by the Minister.
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(7) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a term not exceeding twelve months, or both.
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