SCHEDULES
SCHEDULE 1 Unhallmarked Articles
Part I Permissible Descriptions
1
1
Subject to the provisions of this paragraph—
a
“gold” is permissible if qualified by the word “plated” or “rolled”;
b
“silver” is permissible if qualified by the word “plated”;
c
“platinum” is permissible if qualified by the word “plated”.
2
If the description is in writing the lettering of “plated” or “rolled” is to be at least as large as any other lettering in the description.
3
This paragraph does not apply if the description is false or is applied to an article for which the description is inappropriate.
2
A description is permissible if it is implicitly or in express terms confined to the colour of the article.
Part II Exempted Articles
1
An article which is intended for despatch to a destination outside the United Kingdom.
2
An article which is outside the United Kingdom, or which is in course of consignment from outside the United Kingdom to an assay office in the United Kingdom.
3
Any coin which is, or was formerly at any time, current coin of the United Kingdom or any other territory.
4
Any article which has been used, or is intended to be used, for medical, dental, veterinary, scientific or industrial purposes.
F15
Any battered article fit only to be remanufactured.
6
Any article of gold or silver thread.
7
Any raw material (including any bar, plate, sheet, foil, rod, wire, strip or tube) or bullion.
8
Any manufactured article which is not substantially complete, and which is intended for further manufacture.
9
Any article which is wholly or mainly of platinum, and which was manufactured before 1st January 1975.
Articles exempt if of minimum fineness
F210
Any article which—
a
is wholly or mainly of gold or of silver or of gold and silver assaying in all its gold parts not less than 375 parts per thousand and in all its silver parts less than 800 parts per thousand; and
11
F4Subject to paragraph 14AA below, any musical instrument, where the description is applied to the mouthpiece, and the mouthpiece is of minimum fineness.
F512
1
F6Subject to paragraph 14AA and subject to the provisions of this paragraph, any article containing only one precious metal, being a metal of minimum fineness and of a weightless than that specified in the following table:
gold | 1 gram |
silver | 7·78 grams |
platinum | 0·5 gram. |
2
This paragraph does not apply to any article containing materials other than precious metal, unless the article satisfies the conditions for hallmarking of Part III of Schedule 2 to this Act.
F173
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).
F1612A
1
Subject to paragraph 14AA, any article—
a
which contains silver of minimum fineness, and
b
in which the total weight of the metal is less than 7.78 grams.
2
This paragraph does not apply to any article—
a
which contains gold, or platinum, of the minimum fineness,
b
which contains any precious metal that is not of the minimum fineness, or
c
which contains materials other than precious metal, unless the article satisfies the conditions for hallmarking of Part 3 of Schedule 2 to this Act.
12B
1
Subject to paragraph 14AA, any article—
a
which contains gold of minimum fineness, and
b
in which the total weight of the metal is less than 1 gram.
2
This paragraph does not apply to any article—
a
which contains platinum of the minimum fineness, or
b
which contains any precious metal that is not of the minimum fineness, or
c
which contains materials other than precious metal, unless the article satisfies the conditions for hallmarking of Part 3 of Schedule 2 to this Act.
12C
1
Subject to paragraph 14AA, any article—
a
which contains platinum of minimum fineness, and
b
in which the total weight of the metal is less than 0.5 gram.
2
This paragraph does not apply to any article—
a
which contains any precious metal that is not of the minimum fineness, or
b
which contains materials other than precious metal, unless the article satisfies the conditions for hallmarking of Part 3 of Schedule 2 to this Act.
F713
14
F10Subject to paragraph 14AA below, any article which is of minimum fineness and which is imported temporarily (whether as a trade sample, or as intended for exhibition otherwise) and for the time being remains under the control of the Commissioners of Customs and Excise.
F1114A
1
F12Subject to paragraph 14AA and subject to the provisions of this paragraph, any article, any precious metal in which is of minimum fineness, and which either—
a
contains gold and platinum but not silver, and the weight of the gold parts of which exceeds 50 per cent. of the total weight of the precious metals in the article, that total weight being less than 1 gram; or
b
contains silver and either gold or platinum or both gold and platinum, and the weight of the silver parts of which exceeds 50 per cent. of the total weight of the precious metals in the article, that total weight being less than 7·78 gra
2
This paragraph does not apply to any article containing materials other than precious metal, unless the article satisfies the conditions for hallmarking of Part III of Schedule 2 to this Act.
F183
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).
F13F1414AA
Paragraphs 11 to 14A above do not apply to any article in which solder containing precious metal is used unless the solder is of a standard of fineness equivalent to that which would be required under section 4(3) of this Act if the article were submitted to an assay office for hallmarking.
14B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
Existing exemptions
15
The following articles of gold, if manufactured before 1st January 1975 and (except in the case of articles mentioned in sub-paragraph (d) below) of minimum fineness—
a
rings, except wedding rings, pencil cases, lockets, watch chains and thimbles,
b
articles consisting entirely of filigree work,
c
articles so heavily engraved or set with stones that it is impossible to mark them without damage,
d
jewellers works, that is the actual setting only in which stones or other jewels are set, and jointed sleeper earrings.
16
1
Subject to the exceptions below, the following articles of silver, if manufactured before 1st January 1975, and (except in the case of articles mentioned in paragraph (e) below) of minimum fineness:
a
lockets, watch chains and stamped medals,
b
mounts the weight of which is less than 15·55 grams.,
c
articles consisting entirely of filigree work,
d
silver articles the weight of which is less than 7·78 grams.,
e
jewellers works, that is the actual setting only in which stones or other jewels are set.
2
The following articles are not exempt under sub-paragraph (1) above—
a
necks and collars for bottles on cruet stands,
b
buttons and studs, seals, wine labels, shoe clasps, buckles, or patch boxes,
c
salt spoons, shovels or ladles, teaspoons, tea strainers, caddy ladles or spoons,
d
ornaments for cabinets, knife cases, tea caddies, bridles, stands or frames.
17
Articles of gold or silver manufactured before 1st January 1975, other than articles mentioned in paragraphs 15 or 16 above, and being of such descriptions as, under any enactment in force immediately before the passing of this Act, to be specifically exempt from hallmarking.
Articles manufactured before a given date
18
Where under this Part of this Schedule an exemption depends on the date of manufacture, or the date of any alteration, the manufacture or alteration shall be presumed to be after that date until the contrary is proved.
Part III Use of the Words “Carats”, “Sterling” and “Britannia”
1
This Part of this Schedule applies for the purposes of section 1 of this Act, this Schedule and the Act of 1968.
2
1
A description indicating that an article, or the metal in an article, is of so many carats is to be presumed to be an indication that the article or metal is of gold, and that its fineness is that specified in the following table for that number of carats.
2
This paragraph shall not apply if (as in a case where the article is a precious stone) the word ’carat’ is used as a measure of weight for precious stones, and not as a measure of fineness.
Number of carats | indicates gold of a standard of fineness of |
---|---|
9 | 375 parts per thousand |
12 | 500 parts per thousand |
14 | 585 parts per thousand |
15 | 625 parts per thousand |
18 | 750 parts per thousand |
22 | 916·6 parts per thousand |
and so in proportion for any other number of carats.
3
1
A description of an article, or of the metal in an article, as “sterling” or (except in the phrase “Britannia metal”) “Britannia” is to be presumed to be an indication that the article, or the metal, is of silver.
2
If “sterling” is the word used, the description is to be presumed to be an indication that the silver is of a standard of fineness of 925.
3
If the word used is “Britannia” the description is to be presumed to be an indication that the silver is of a standard of fineness of 958·4.
Part IV Power to Amend
1
1
The Secretary of State may by order—
a
prescribe any cases or circumstances in which subsection (1) of section 1 of this Act is, or is not, to apply, and
b
add to, amend or repeal all or any of the provisions of Part I, Part II or Part III of this Schedule, and
c
make any consequential amendments in section 1 of this Act.
2
An order under this paragraph—
a
may contain such supplemental or incidental provisions as appear to the Secretary of State to be expedient or necessary, and
b
shall be subject to annulment in pursuance of a resolution of either House of Parliament.