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Link to original content: http://www.legislation.gov.uk/ukpga/Eliz2/6-7/49/section/1/1996-04-01
Version Superseded: 27/06/2002
Point in time view as at 01/04/1996. This version of this provision has been superseded.
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[F1(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.
F1(2)The foregoing subsection shall not apply where the business is being carried on—
(a)by a local authority, or
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)by a company, association or body providing facilities under section fifteen of the M1Disabled 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 [F3, in relation to England,] the council of a county, [F4other than a metropolitan county, or of a district or London Borough] or the Common Council of the City of London, [F3in relation to Wales, the council of a county or county borough,] or, in Scotland, a [F5council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].
(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
Textual Amendments
F1S. 1(1)(2) and side-note (shown above as a header) are set out above as having effect (1.1.1973) by virtue of Trade Representations (Disabled Persons) Amendment Act 1972 (c. 45), s. 1(5), Sch.
F2S. 1(2)(b) repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch. 7; S.I. 1992/1900, art. 2(1), Sch. 1 Appendix.
F3Words in s. 1(5) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para.13 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch.2.
F4Words in s. 1(5) substituted (E.W.) (1.4.1974) by Local Government Act 1972 (c. 70, SIF 81:1), s. 251(2), Sch. 29 para. 44(2)
F5Words in s. 1(5) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para.51; S.I. 1996/323, art. 4(1)(b)(c).
F6S. 1(6) repealed by Trading Representations (Disabled Persons) Amendment Act 1972 (c. 45), s. 1(4).
Modifications etc. (not altering text)
C1S. 1 amended (1.1.1973) by Trade Representations (Disabled Persons) Amendment Act 1972 (c. 45), s. 1, and by s. 1(5) of that 1972 Act it is provided that s. 1 of this 1958 Act shall have effect as set out in the Schedule to that 1972 Act (which Schedule is repealed in part (E.W.) (1.4.1974) by Local Government Act 1972 (c. 70) s. 272(1), Sch. 30, and also repealed in part (1.4.1986) by Local Government Act 1985 (c. 51), ss. 1, 102(2)(3), Sch. 17)
C2S. 1(2)(d): functions transferred to the Secretary of State (27.6.2002) by S.I. 2002/1397, art. 7
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