Consumer Protection Act 2007
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Amendment of Hallmarking Act 1981. |
99.— The following sections are substituted for sections 5 and 6 of the Hallmarking Act 1981 : | |
“False representations in relation to certain articles. | ||
5.— (1) Subject to section 6 of this Act, a commercial practice that involves a representation that an article which is not of precious metal is made wholly or partly of gold, silver or platinum is a misleading commercial practice under section 43 (1) and (2) of the Consumer Protection Act 2007. | ||
(2) A trader who engages in any misleading commercial practice described in subsection (1) is guilty of an offence under section 47 of the Consumer Protection Act 2007. | ||
Permissible representations in relation to certain articles. | ||
6.— (1) Section 5 of this Act does not apply to a representation which is permissible under this Act. | ||
(2) A representation is permissible under this Act if it complies with the following conditions: | ||
(a) it is confined either expressly or by implication to the colour of the article; | ||
(b) if it consists of or includes the word ‘gold’, that word is qualified by the word ‘plated’ or the word ‘rolled’; | ||
(c) if it consists of or includes the word ‘silver’ or the word ‘platinum’, whichever of those words is used is qualified by the word ‘plated’; | ||
(d) where the representation is in writing and the word ‘plated’ or ‘rolled’ is used, that word is at least as large as the rest of the representation. | ||
(3) Subsection (2) of this section does not apply if the representation is false or is applied to an article for which the representation is inappropriate. | ||
Construction of certain expressions in sections 5 and 6. | ||
6A.— In sections 5 and 6 of this Act, ‘commercial practice’, ‘representation’ and ‘trader’ have the same meaning as they have in the Consumer Protection Act 2007.”. |