Trading Stamps Act 1964

10 Interpretation

(1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—

• " cash value " means, in relation to any trading stamp, the value stated on such stamp;

• " corporation " means any body corporate, whether incorporated in Great Britain or elsewhere ;

• " goods " includes vehicles, vessels, aircraft and animals, and generally includes articles and property of any description;

• " purchase " includes acquisition by way of hire-purchase within the meaning of the Advertisements (Hire-Purchase) Act 1957;

• " to redeem " means, in relation to any trading stamps, to exchange such stamps (whether by delivering up the stamps or by suffering the same to be cancelled or otherwise howsoever) for money or for goods or for any other benefit, allowance, concession or advantage (but not including the service or repair by the seller or manufacturer of the goods upon or in connection with the purchase of which the stamps are delivered or the replacement of such goods if defective); and the expressions " redeemable " and " redemption " shall be construed accordingly;

• " shop " includes any premises, and any vehicle, stall or place other than premises, on or in which any retail trade or business is carried on;

• " stamp " means any stamp, coupon, voucher, token or similar device, whether adhesive or not, other than lawful money of the realm;

• " stamp book " means a book or similar article in or to which it is intended that trading stamps shall be affixed;

• " trading stamp " means a stamp which is, or is intended to be, delivered to any person upon or in connection with the purchase by that person of any goods (other than a newspaper or other periodical of which the stamp forms part or in which it is contained) and is, or is intended to be, redeemable (whether singly or together with other such stamps) by that or some other person:

  Provided that a stamp shall not be deemed to be a trading stamp if—

  (a)

  it is delivered or is intended to be delivered to a person (in this definition called "the purchaser ") upon or in connection with the purchase of any goods by the purchaser, and

  (b)

  it is not intended to be, and is not, redeemable from any person other than (i) the person (in this definition called " the seller")' from whom the purchaser purchased those goods or (ii) any person from whom the seller (whether directly or indirectly) acquired those goods, and

  (c)

  in the case where a business is carried on at six or more separate retail establishments, the stamp is one of a kind obtainable at no more than six of those retail establishments, and not obtainable by the public elsewhere, and the arrangements under which it is redeemable are entirely separate from arrangements under which any other stamps, whether trading stamps or not, are redeemable, and references in this definition to the purchase of goods include references to the obtaining of services for money;

• " trading stamp scheme " means any arrangements for making trading stamps available for use in shops or elsewhere, together with arrangements for their redemption, and " promoter ", in relation to a trading stamp scheme, includes, in a case where a person carrying on a retail trade or business assumes responsibility for the redemption of trading stamps, that person.

(2) For the purposes of this Act, a person shall be deemed to be a director of a corporation if he occupies in relation thereto the position of a director, by whatever name called, or is a person in accordance with whose directions or instructions the directors of the corporation or any of them act:

Provided that a person shall not, by reason only that the directors of a corporation act on advice given by him in a professional capacity, be taken to be a person in accordance with whose directions or instructions those directors act.