UNITED KINGDOM STATUTORY INSTRUMENT
2007 No. 872
HALLMARK
The Hallmarking Act 1973 (Amendment) Regulations 2007
Made 15th March 2007
Laid before Parliament 16th March 2007
Coming into force 6th April 2007
The Secretary of State, in exercise of his powers under section 4(7) of the Hallmarking Act 1973and section 2(2) of the European Communities Act 1972, makes the following Regulations.
In accordance with section 4(7) of the Hallmarking Act 1973, the Secretary of State has consulted the British Hallmarking Council and such other persons as he thinks fit.
The Secretary of State is a Minister designatedfor the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to articles made of, comprising or resembling precious metals.
S-1
Citation and commencementCitation and commencement
1. These Regulations may be cited as the Hallmarking Act 1973 (Amendment) Regulations 2007 and shall come into force on 6th April 2007.
Amendment of the Hallmarking Act 1973
2.—(1) The Hallmarking Act 1973 is amended as follows.
(2) In section 2, there is substituted for subsection (2A)—
“2A In this section “EEA State” has the meaning given to it in Schedule 1 to the Interpretation Act 1978”.
(3) In section 4, after subsection (3) there is inserted—
“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.”.
(4) In paragraph 12 of Part 2 of Schedule 1 after sub-paragraph (2) there is inserted—
“3 In relation to an article manufactured before 1st January 2008 the reference to Part 3 of Schedule 2 to this Act is to that Part as it had effect immediately before 6th April 2007 (the date of the coming into force of the Hallmarking Act 1973 (Amendment) Regulations 2007).”.
(5) In paragraph 14A of Part 2 of Schedule 1 after sub-paragraph (2) there is inserted—
“3 In relation to an article manufactured before 1st January 2008 the reference to Part 3 of Schedule 2 to this Act is to that Part as it had effect immediately before 6th April 2007 (the date of the coming into force of the Hallmarking Act 1973 (Amendment) Regulations 2007).”.
(6) For Parts 2 and 3 of Schedule 2 there are substituted the new Parts contained in the Schedule.
(7) In Part 4 of Schedule 2 paragraph 7 is renumbered paragraph 20.
Jim Fitzpatrick
Parliamentary Under-Secretary of State for Employment Relations and Postal Services
Department of Trade and Industry
15th March 2007
SCHEDULE
Regulation 2(6)
SCHEDULE
Parts 2 and 3 of Schedule 2 are substituted as follows.
“PART 2
ARTICLES COMPRISED OF TWO OR MORE PRECIOUS METALS
An article comprised of two or more precious metals shall not be hallmarked unless, upon assay, each precious metal is of a standard of fineness not less than the minimum fineness for that precious metal.
The article shall be struck with—
the assay office mark, and
the appropriate standard mark for each precious metal.
The person who submits the article to an assay office may request the assay office to strike the marks mentioned in paragraph 7 on a particular precious metal part.
The assay office must comply with such a request unless they think that, in consequence of doing so, it would not be clear which part of the article is made of which precious metal.
This paragraph applies if—
an assay office have refused to hallmark an article in accordance with a request under paragraph 8(1), and
the person making the request refers the matter in writing to the Council.
The Council may direct the assay office to comply with the request.
The assay office must comply with the direction.
This paragraph applies to the striking of hallmarks other than in accordance with a request under paragraph 8.
Each standard mark must be struck on the precious metal part to which it relates.
The assay office mark must be struck together with the standard mark for the least precious metal.
If it is not practical to strike the marks in accordance with sub-paragraphs (2) and (3) they must be struck as follows—
they must be struck together on the least precious metal part,
if sub-paragraph (a) is not practical...
