Hallmarking Act 1973

PART II Modifications of Part I of this Schedule for Purposes of Orders Under Section 16(2) Where no Application

11 In relation to any order under section 16(2) of this Act the provisions of Part I of this Schedule shall have effect subject to the following modifications—

(a) For paragraph 1 and for the words in paragraph 2 before “shall publish ” there shall be substituted—

“1 Before making an order under subsection (2) of section 16 of this Act the Secretary of State—

(1) shall in the case of an order under paragraphs (a) or (b) of that subsection consult the Council and shall, in the case of an order under paragraph (c) of that subsection, consult the assay office the subject of the proposed order;

(2)”;

(b) Paragraphs 3 and 9 shall be omitted ;

(c) In paragraphs 4 and 5 for reference to the applicants there shall be substituted reference to the Secretary of State ;

(d) For paragraph 6 there shall be substituted the following paragraph—

“6 The Secretary of State may make an order in the terms of the draft or in those terms as modified in such manner as he thinks fit, but where he proposes to make any modification which appears to him substantially to affect the character of the order he shall take such steps as appear to him to be sufficient and reasonably practicable for informing persons likely to be concerned, and shall not make the order until such period for consideration of, and comment upon, the proposed modification as he thinks reasonable has elapsed”;

(e) in paragraph 7—

(i) for the word “application” where it first occurs there shall be substituted the word “order ”;

(ii) the words “on the application ” shall be omitted ;

(iii) in paragraph (b) for the words “the applicants ” there shall be substituted the words “such of them the Council and any assay office as might have been applicants for such an order under section 16(1) of this Act ”