Hallmarking (Hallmarking Act Amendment) Regulations 1998
| Jurisdiction | UK Non-devolved |
| Citation | SI 1998/2978 |
| Year | 1998 |
1998 No. 2978
HALLMARK
The Hallmarking (Hallmarking Act Amendment) Regulations 1998
Made 3rd December 1998
Laid before Parliament 4th December 1998
Coming into force 1st January 1999
The Secretary of State, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to articles made of, comprising or resembling precious metals, in exercise of the powers conferred on him by that section and, having consulted the British Hallmarking Council and such other persons as he thinks fit, in exercise of his powers under section 4(7) of the Hallmarking Act 19733, hereby makes the following Regulations:—
Citation and Commencement
1. These Regulations may be cited as the Hallmarking (Hallmarking Act Amendment) Regulations 1998 and shall come into force on 1st January 1999.
Amendment of the Hallmarking Act 1973
2.—(1) The Hallmarking Act 1973 shall be amended as follows.
(2) In section 2, there shall be inserted after the words “United Kingdom is a party” in paragraph (c) of subsection (1), the words—
“, or
(d)
(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.”
(3) In section 2, there shall be inserted at the end of subsection (2), the words—
“, and marks within subsection (1)(d) above are in this Act called “EEA hallmarks”.”
(4) In section 2, after subsection (2), there shall be inserted—
S-2A “2A In this section “EEA State” means a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.”
(5) In section 2, for the words “such convention or treaty” in subsection (3) there shall be substituted “convention or treaty falling within subsection (1)(c) above”.
(6) In section 2, after the words “bears a convention hallmark” in subsection (5)(c) there shall be inserted the words “or an EEA hallmark”.
(7) In section 4, in subsection (1)(a), for sub-paragraph (iii), and the word “and” immediately preceding it, there shall be substituted—
“(iii)
“(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)
(iv) the date letter directed pursuant to paragraph 4 of the said Schedule; and
(v)
(v) the mark (if any) directed pursuant to paragraph 5 of the said Schedule;”.
(8) In section 4, for subsections (1A) and (2) there shall be substituted—
“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.”
(9) In section 4, after the figure “916.6” in subsection (3)(b)(i)(a), there shall be inserted the words “or above”.
(10) In section 4, for the figure “950” in subsection (3)(b)(iii) there shall be substituted “the standard of fineness of the article”.
(11) In section 4, subsection (4) shall be omitted.
(12) In section 22(1), there shall be inserted after the definition of “dealer”—
““EEA hallmark” has the meaning given by section 2 of this Act;”.
(13) In section 22(1), in the definition of “minimum fineness” (contained within the definition of “fineness”), for the figure “925” there shall be substituted the figure “800” and for the figure “950” there shall be substituted the figure “850”.
(14) In section 22(1), in the definition of “sponsor’s mark” there shall be inserted after the words “as a sponsor’s mark for the purposes of this Act” in paragraph b(ii)—
“; or
(c)
(c) a mark struck on an article in an EEA State which indicates the manufacturer or sponsor of the article;”.
(15) For Part I of Schedule 2 there shall be substituted—
“PART I
ARTICLES COMPRISED OF A SINGLE PRECIOUS METAL
1. Assay office mark
Assay office |
Assay office mark |
(1) |
(2) |
London… |
A leopard’s head |
Edinburgh… |
A castle |
Birmingham… |
An anchor |
Sheffield… |
A rose |
2. Standard mark
Precious metal |
Standard of fineness |
Standard mark |
(1) |
(2) |
(3) |
Gold |
375 |
The figures 375 |
Gold |
585 |
The figures 585 |
Gold |
750 |
The figures 750 |
Gold |
916.6 |
The figures 916 |
Gold |
990 |
The figures 990 |
Gold |
999 |
The figures 999 |
Silver |
800 |
The figures 800 |
Silver |
925 |
The figures 925 |
Silver |
958.4 |
The figures 958 |
Silver |
999 |
The figures 999 |
Platinum |
850 |
The figures 850 |
Platinum |
900 |
The figures 900 |
Platinum |
950 |
The figures 950 |
Platinum |
999 |
The figures 999 |
3. Optional pictorial mark
Precious metal |
Standard of fineness |
Pictorial mark |
(1) |
(2) |
(3) |
Gold |
375 |
A crown |
Gold |
585 |
A crown |
Gold |
750 |
A crown |
Gold |
916.6 |
A crown |
Gold |
990 |
A crown |
Gold |
999 |
A crown |
Silver |
925 |
A lion passant. In the case of an article struck by the Edinburgh Assay Office, the reference to a lion passant shall be treated as a reference to a lion rampant. |
Silver |
958.4 |
The figure of Britannia or a lion passant. In the case of an article struck by the Edinburgh Assay Office, the reference to a lion passant shall be treated as a reference to a lion rampant. |
Silver |
999 |
The figure of Britannia or a lion passant. In the case of an article struck by the Edinburgh Assay Office, the reference to a lion passant shall be treated as a reference to a lion rampant. |
Platinum |
950 |
An orb surmounted by a cross |
Platinum |
999 |
An orb surmounted by a cross |
4. Optional date letter
Such distinct variable letter of the alphabet to denote the year in which the article is marked as may be for the time being directed in writing by the Council.
5. Optional additional mark
Such mark (if any) as may be for the time being directed in writing by the Council.”
Consequential Amendments
3. The Schedule to this Order which contains consequential amendments to The Hallmarking (International Convention) Order 19764has effect.
Kim Howells
Parliamentary Under-Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry
3rd December 1998
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