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Link to original content: http://www.legislation.gov.uk/ukpga/1972/45/schedules/1991-02-01
Version Superseded: 22/07/2004
Point in time view as at 01/02/1991.
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Section 1.
1(1)It shall not be lawful, in selling any goods or exchanging any article or thing for any other article or thing or soliciting orders for goods of any description in the course of a business carried on by any person, for any representation that, or implying that, blind or otherwise disabled persons, or any description of such persons,—
(a)are employed in the production, preparation or packing of the goods, article or thing or,
(b)benefit (otherwise than as users of the goods, article or thing) from the sale of the goods or the exchange of the article or thing or the carrying on of the business,
to be made in the course of visits from house to house, or by post or by telephone; and any person who contravenes this subsection shall be liable—
(i)on summary conviction, to a fine not exceeding £400; and
(ii)on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.
(2)The foregoing subsection shall not apply where the business is being carried on—
(a)by a local authority, or
(b)by any fund, institution, association or undertaking which is registered or exempted from registration under the M1War Charities Act 1940 or that Act as extended by section forty-one of the M2National Assistance Act 1948, or
(c)by a company, association or body providing facilities under section fifteen of the M3Disabled Persons (Employment) Act 1944 in pursuance of arrangements under subsection (2) of that section, or
(d)by any body of persons exempted by the Secretary of State for Employment (hereinafter referred to as “the Secretary of State”) from the operation of the foregoing subsection, being a body appearing to the Secretary of State to be carrying on business without profit to its members,
or where the person carrying on the business is substantially disabled and all goods, articles or things with respect to which the representation is made were produced by his own labour.
(3)In England or Wales a local authority may institute proceedings for an offence under this section.
(4)Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(5)In this section “house” includes a place of business, and “local authority” means . . . F1 the council of a county, . . . F2or county district or a London borough or the Common Council of the City of London, or, in Scotland, a county or town council.
Textual Amendments
F1Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17
F2The definition “county borough” in s. 1(5) of Trading Representations (Disabled Persons) Act 1958 (as set out in this Schedule) repealed by Local Government Act 1972 (c. 70, SIF 81:1), s. 272, Sch. 30
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