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S.I. 560 of 2001
Hallmarking (Approved Hallmarks) Regulations, 2001
I, Tom Kitt, Minister
of State at the Department of Enterprise, Trade and Employment, in
exercise of the powers conferred on me by
section 3 of the Hallmarking Act, 1981 (
No. 18 of 1981 ), as adapted by the Enterprise and Employment
(Alternation of Name of Department and Title of Minister) Order, 1997 (
S.I. No. 305 of 1997 ), and the Enterprise, Trade and Employment
(Delegation of Ministerial Functions) (No. 2) Order, 1997 (
S.I. No. 330 of 1997 ), and after consultation with the Company
referred to in the said section 3, hereby make the following
regulations:
1. These
Regulations may be cited as the Hallmarking (Approved Hallmarks)
Regulations, 2001.
2. In these
Regulations -
“Common Control Mark”
means the mark described in Annex II of the Convention on the Control
and Marking of Articles of Precious Metals, done at Vienna on 15
November, 1972, as amended, to which the State is a party;
“the Company” has the
meaning assigned to it by the
Hallmarking Act, 1981 ;
“Dublin Assay Office” means the assay office of the Company;
“standards of fineness” means standards prescribed by the Hallmarking
(Irish Standards of Fineness) Regulation, 2001 (S.I. No. of 2001).
3. (1) The
following marks are prescribed as approved hallmarks to be applied to
all articles of precious metal other than imported articles to which
international hallmarks, as defined by paragraph (3) of this Regulation,
have already been applied:
(a) the appropriate mark used by the Dublin Assay Office, that is
to say for articles of gold, silver or platinum the figure of Hibernia
in a rectangular shield with chamfered corners, illustrated as follows:-
(b) a mark denoting the relevant standard of fineness and applied
in the Dublin Assay Office, and
(c) a sponsor's or market's mark.
(2) A mark or letter denoting the year of hallmarking of the
article may be applied in the Dublin Assay Office.
(3) The following marks are prescribed as international hallmarks:
(a) a mark that has been notified in accordance with the Convention
as being the mark of an assay office for the purposes of the Convention
in the territory of a Contracting State (other than the State), and
(b) a mark consisting of a Common Control Mark applied in an assay
office referred to in paragraph (a) of this Regulation, that is to say a
mark consisting of the representation of a balance together with the
number in Arabic numerals showing the standard of fineness of the
article in parts per thousand in relief on a lined background surrounded
by a shield indicating the nature of the precious metal as follows:
-for platinum articles:
-for gold articles:
-for silver articles:
4. The following
fineness marks are prescribed as approved hallmarks to be applied to
articles of precious metal consisting of or containing gold and
comprising gold vessel, gold plate or manufacture of gold:
(a) where such an article is of a standard of fineness of 9 carats,
a mark consisting of the figure “375” in a rectangular shield with
chamfered corners at one side, illustrated as follows:-
(b) where such an article is of a standard of fineness of 10
carats, a mark consisting of the figure “417” in a rectangular shield
with chamfered corners at one side, illustrated as follows:-
(c) where such an article is of a standard of fineness of 14
carats, a mark consisting of the figure “585” in a rectangular shield
with chamfered corners at one side, illustrated as follows:-
(d) where such an article is of a standard of 18 carats, a mark
consisting of the figure “750” in a rectangular shield with chamfered
corners at one side, illustrated as follows:-
(e) where such an article is of a standard of fineness of 20
carats, a mark consisting of the figure “833” in a rectangular shield
with chamfered corners at one side, illustrated as follows:-
(f) where such an article is of a standard of fineness of 22
carats, a mark consisting of the figure “916” in a rectangular shield
with chamfered corners at one side, illustrated as follows:-
(g) where such an article is of a standard of fineness of 23.78
carats, a mark consisting of the figure “990” in a rectangular shield
with chamfered corners at one side, illustrated as follows:-
(h) where such an article is of a standard of fineness of 23.98
carats, a mark consisting of the figure “999” in a rectangular shield
with chamfered corners at one side, illustrated as follows:-
5. The following
fineness marks are prescribed as approved hallmarks to be applied to
articles of precious metal consisting of or containing silver and
comprising silver vessel, silver plate or manufacture of silver:
(a) where such an article is of a standard of fineness of 800 parts
of fine silver in every 1,000 parts by weight in the article, a mark
consisting of the figure “800” in an oval, illustrated as follows:-
(b) where such an article is of a standard of fineness of 925 parts
of fine silver in every 1,000 parts by weight in the article, a mark
consisting of the figure “925” in an oval, illustrated as follows:-
(c) where such an article is of a standard of fineness of 958.4
parts of fine silver in every 1,000 parts by weight in the article, a
mark consisting of the figure “958.4” in an oval, illustrated as
follows:-
(d) where such an article is of a standard of fineness of 999 parts
of fine silver in every 1,000 parts by weight in the article, a mark
consisting of the figure “999” in an oval, illustrated as follows:-
6. The following
fineness marks are prescribed as approved hallmarks to be applied to
articles of precious metal consisting of or containing platinum:-
(a) Where such an article is of the standard of fineness of “850”
parts in every 1,000 parts, a mark consisting of a pentagonal shield,
illustrated as follows:-
(b) Where such an article is of the standard of fineness of “900”
parts in every 1,000 parts, a mark consisting of a pentagonal shield,
illustrated as follows:-
(c) Where such an article is of the standard of fineness of “950”
parts in every 1,000 parts, a mark consisting of a pentagonal shield,
illustrated as follows:-
(d) Where such an article is of the standard of fineness of “999”
parts in every 1,000 parts, a mark consisting of a pentagonal shield,
illustrated as follows:-
7. Where a person
who brings or causes to be brought to the Dublin Assay Office an article
of precious metal consisting of platinum imported into the State for an
application to the article of a mark prescribed by Regulation 6 of these
Regulations he or she shall duly complete a statement in the form set
out in the Second Schedule to the Hallmarking of Imported Plate Order,
1935 (S.R. & O.,
No. 254 of 1935 ), and that form shall from the commencement of
these Regulations apply to gold, silver and platinum.
8. The following
Regulations are hereby revoked:
(a) the Hallmarking (Approved Hallmarks) Regulations, 1983 (
S.I. No. 327 of 1983 ), and
(b) the Hallmarking (Approved Hallmarks) (Amendment) Regulations,
1990 (
S.I. No. 139 of 1990 ).
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GIVEN under my Hand
13th December, 2001. |
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TOM KITT |
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________________
Minister of State at the Department of Enterprise, Trade and
Employment. |
EXPLANATORY NOTE.
(This not is not part of the Instrument and does not purport to be a
legal instrument.)
The
purpose of these Regulations is to prescribe the hallmarks and fineness
marks which can be applied to articles of precious metal consisting of
or containing gold, silver and platinum by the Dublin Assay Office.
These Regulations revoke and replace the Hallmarking (Approved
Hallmarks) Regulations, 1983 (
S.I. No. 327 of 1983 ), and the Hallmarking (Approved Hallmarks)
(Amendment) Regulations, 1990 (
S.I. No. 139 of 1990 ).
No.
18/1981:
HALLMARKING ACT, 1981
ARRANGEMENT OF SECTIONS
1 Definitions.
2 Approved hallmarks.
3 Regulations prescribing approved hallmarks.
4 International hallmarks.
5 False descriptions of certain articles.
6 Permissible descriptions of unhallmarked articles.
7 Regulations prescribing standards of fineness.
8 Application of certain enactments to platinum.
9 Sponsor's Mark.
10 Restriction of section 59 of Customs Act, 1842.
11 Restriction of section 10 of Revenue Act, 1883.
12 Addition, etc to hallmarked articles.
13 Penalties for forgery, etc. of certain dies and stamps.
14 Charges by Company.
15 Repeals.
16 Regulations to be laid before Houses of Oireachtas.
17 Expenses.
18 Short title and commencement.
SCHEDULE
AN ACT TO AMEND THE LAW RELATING TO THE ASSAYING AND HALLMARKING OF
GOLD AND SILVER, TO EXTEND THAT LAW TO ARTICLES OF PLATINUM, AND TO
PROVIDE FOR OTHER CONNECTED MATTERS.
[2nd
June, 1981]
BE IT ENACTED BY THE OIREACHTAS FOLLOWS:
Definitions.
1.—In this Act
"the Act of 1913" means the Forgery Act, 1913;
"approved hallmark" has the meaning assigned to it by section 2 of
this Act;
"articles of precious metal" means articles consisting of or
containing gold, silver or platinum or alloys of gold, silver or
platinum;
"Assay Master" means the Assay Master for the time being appointed by
the Company;
"the Charter" means the Charter granted to the Company on the 22nd
day of December, 1637;
"the Company" means the Company described in the Charter as the
Wardens and Commonalty of Goldsmiths of the city of Dublin;
"forgery" has the same meaning as in the Act of 1913, and cognate
words shall be construed accordingly;
"international hallmark" has the meaning assigned to it by section 2
( c ) of this Act;
"Irish standards of fineness" has the meaning assigned to it by
section 7 of this Act;
"the Minister" means the Minister for Industry, Commerce and Tourism;
"sponsor", in relation to an article of precious metal, means the
maker, worker of or dealer in such an article;
"sponsor's mark" has the meaning assigned to it by section 9 of this
Act.
Approved hallmarks.
2.—(1) For the purposes of this Act each of the following
shall be an approved hallmark—
( a ) a mark lawfully struck by the Assay Master, whether before
or after the commencement of this Act, in accordance with regulations
made under section 3 of this Act,
( b ) a mark lawfully struck in an assay office in the United
Kingdom before the 21st day of February, 1927,
( c ) a mark, to be known as an "international hallmark", which
is prescribed by regulations under section 3 of this Act as a mark
recognised by the Government or the Minister under a treaty or
international convention to which the State or the Government is a party
and which relates to precious metals and is lawfully struck—
(i) by the Assay Master, or
(ii) in a country other than the State, but is not a mark referred to in
paragraph ( b ) of this subsection.
(2) References in the Charter to stamps or marks applied to gold or
silver shall be construed as references to approved hallmarks.
Regulations prescribing
approved hallmarks.
3.—(1) The Minister may, after consultation with the Company,
make regulations prescribing an approved hallmark for articles of
precious metal specified in the regulations or substituting a mark for a
mark struck before the commencement of this Act, and from the
commencement of the regulations the provisions of this Act applying to
an approved hallmark shall apply to the articles of precious metal so
specified or to marks so substituted.
(2) Regulations under this section may prescribe different marks for
articles manufactured in the State and for articles imported into the
State.
(3) Regulations under this section may prescribe an international
hallmark as an approved hallmark.
(4) Regulations under this section may contain such consequential or
ancillary provisions as appear to the Minister to be necessary or
desirable.
International hallmarks.
4.—(1) Notwithstanding any enactment passed before the
commencement of this Act, an article of precious metal manufactured in
the State may, at the option of the sponsor, bear either an
international hallmark referred to in section 2 (1) (c) (i) of
this Act or a mark referred to in section 2 (a) of this Act, or
both.
(2) Notwithstanding any enactment passed before the commencement of
this Act, an imported article of precious metal which bears an
international hallmark referred to in section 2 (1) (c) (ii) of
this Act and which conforms to the Irish standards of fineness shall not
require further assaying or hallmarking in the State.
(3) Notwithstanding subsection (2) of this section, the Assay Master
may at his discretion carry out such random or periodical tests as he
thinks necessary or desirable to ensure conformity with the Irish
standards of fineness, or to detect forgery.
False descriptions of
certain articles.
5.—Subject to section 6 of this Act, a person who in the
course of trade or business applies to any article which is not of
precious metal a description indicating or specifying that the article
is made wholly or partly of gold, silver or platinum, or who supplies or
offers to supply or has in his possession for sale such an article to
which such a description is applied, is guilty of the offence under
section 2 of the Merchandise Marks Act, 1887, of applying a false trade
description.
Permissible descriptions of
unhallmarked articles.
6.—(1) Section 5 of this Act does not apply to a description
which is permissible under this Act.
(2) A description is permissible under this Act if it complies with
the following conditions:
( a ) it is confined either expressly or by implication to the
colour of the article;
( b ) if it consists of or includes the word "gold", that word is
qualified by the word "plated" or by the word "rolled";
( c ) if it consists of or includes the word "silver" or the word
"platinum", whichever of those words is used is qualified by the word
"plated";
( d ) where the description is in writing and the word "plated"
or the word "rolled" is used, that word is at least as large as the rest
of the description.
(3) Subsection (2) of this section does not apply if the description
is false or is applied to an article for which the description is
inappropriate.
Regulations prescribing
standards of fineness.
7.—(1) The Minister may, after consultation with the Company,
make regulations prescribing standards of fineness (to be known, and
referred to in this Act, as "Irish standards of fineness") for articles
of precious metal specified in the regulations and for the solders of
such articles.
(2) On and from the commencement of regulations under this section
the references in the Charter and in section 3 of the Plate Assay
(Ireland) Act, 1807, to standards of fineness of gold and silver and the
references in section 22 of the Plate Assay Act, 1783, to standards of
fineness of gold shall be construed as references to the corresponding
Irish standards of fineness.
Application of certain
enactments to platinum.
8.—(1) From the commencement of this Act every reference to
gold or silver in an enactment specified in subsection (2) of this
section shall be construed as including a reference to platinum.
(2) The enactments referred to in subsection (1) of this section are—
( a ) the Charter of the Company,
( b ) the Plate Assay Act, 1783,
( c ) the Customs Act, 1842,
( d ) the Plate Assay (Ireland) Act, 1807,
( e ) section 10 of the Revenue Act, 1883,
( f ) the Hall-marking of Foreign Plate Act, 1904,
( g ) the Act of 1913.
Sponsor's Mark.
9.—(1) Subject to subsection (2) of this section, where a
sponsor proposes to submit an article of precious metal to the Assay
Master to be struck with an approved hallmark, the sponsor shall cause
the article to be struck with a distinctive mark of the sponsor (to be
known and referred to in this Act as a "sponsor's mark"), of such design
as may be approved by the Assay Master.
(2) Notwithstanding subsection (1) of this section, the Assay Master
and a sponsor may make arrangements for the sponsor's mark to be struck
by the Assay Master as soon as practicable after the submission to him
of the article for the striking of an approved hallmark.
(3) The Company shall keep a register of sponsors' marks struck on
articles submitted to the Assay Master for striking with an approved
hallmark or struck by the Assay Master under subsection (2) of this
section.
(4) Registration of a sponsor's mark shall be valid for a period of
ten years from the date of registration and such registration may, on
application to the Company, be renewed every ten years.
(5) The Company may, with the consent of the Minister, charge such
fee for registration or renewal of registration, and for entering an
impression of a sponsor's dies, marks or punches, as shall be specified
in such consent, and shall make such impressions of marks or punches on
plates or sheets of pewter or copper.
(6) Any register of sponsors' marks kept by the Company and in
existence at the commencement of this Act shall cease to be kept not
later than six months after such commencement.
Restriction of section 59
of Customs Act, 1842.
10.—Section 59 of the Customs Act, 1842, does not apply to the
sale, exchange or exposure for sale of gold or platinum silver plate
manufactured outside the State not less than 100 years before the date
of importation.
Restriction of section 10
of Revenue Act, 1883.
11.—Section 10 of the Revenue Act, 1883, does not apply to any
gold, silver or platinum ware imported into the State after the
commencement of this act which is proved to the satisfaction of the
Revenue Commissioners to have been manufactured outside the State not
less than 100 years before the date of importation.
Addition, etc to
hallmarked articles.
12.—(1) Subject to subsections (3) to (5) of this section, a
person who makes an addition, alteration or repair to an article bearing
an approved hallmark, except in accordance with the written consent of
the Assay Master, shall be guilty of an offence under this section.
(2) Subject to subsection (3) of this section, a person who removes,
alters or defaces any approved hallmark struck on an article, except in
accordance with the written consent of the Assay Master, shall be guilty
of an offence under this section.
(3) Notwithstanding subsections (1) and (2) of this section, it shall
not be an offence under this section to batter an article of precious
metal so as to render it fit for re-manufacture only.
(4) Notwithstanding subsection (1) of this section, it shall not be
an offence under this section to make an addition to an article of
precious metal which is not a new article if—
( a ) the character of the article and the purposes for which it
can be used remain unaltered;
( b ) the addition is of the same precious metal as that of the
article;
( c ) the metal added to the article is of a fineness not less
than the Irish standard of fineness for the time being of the article;
and
( d ) the amount of metal added does not exceed the lesser of the
following—
(i) 1 gram of gold, 5 grams of silver or 0.5 grams of platinum (as may
be appropriate);
(ii) 50 per cent of the weight of the article immediately before the
addition was made.
(5) It shall not be an offence under this section to add a coating of
a thickness not exceeding 2 micrometres at any point to the whole or any
part of—
( a ) an article of gold, if the coating is of gold of a fineness
not less than the Irish standard of fineness for the time being for the
article;
( b ) an article of silver, if the coating is of silver of a
fineness not less than the Irish standard of fineness for the time being
or
( c ) an article of silver if the coating is of gold of not less
than the minimum Irish standard of fineness;
( d ) an article of gold, silver or platinum, if the coating is
of rhodium.
(6) In giving any consent under subsection (1) or (2) of this
section, the Assay Master may make it a condition of his consent that
the article or any addition made to it be further assayed and struck
with the sponsor's mark and such approved hallmarks as may be specified
in regulations made by the Minister.
(7) A person who is guilty of an offence under this section shall be
liable on summary conviction to a fine not exceeding £500 or, at the
discretion of the court, to imprisonment for a term not exceeding twelve
months, or both.
Penalties for forgery,
etc. of certain dies and stamps.
13.—(1) Notwithstanding anything in the Act of 1913, the
penalty for forgery under section 5 (4) (b) of the Act of 1913
shall be, in the case of a summary conviction, a fine not exceeding £500
or, at the discretion of the court, imprisonment for a term not
exceeding twelve months, or both, and, in the case of a conviction on
indictment, a fine not exceeding £5,000 or, at the discretion of the
court, imprisonment for a term not exceeding five years, or both.
(2) Notwithstanding anything in the Act of 1913, the penalty for an
offence under section 8 (2) (a) of the Act of 1913 shall be, in
the case of a summary conviction, a fine not exceeding £500 or, at the
discretion of the court, imprisonment for a term not exceeding twelve
months, or both, and, in the case of a conviction on indictment, a fine
not exceeding £5,000 or, at the discretion of the court, imprisonment
for a term not exceeding five years, or both.
(3) Notwithstanding anything in the Plate Assay (Ireland) Act, 1807,
or in any other enactment, the penalty for a felony under section 16 of
that Act or for any other offence under that section shall be, in the
case of a summary conviction, a fine not exceeding £500 or, at the
discretion of the court, imprisonment for a term not exceeding twelve
months, or both, and, in the case of a conviction on indictment, a fine
of £5,000 or, at the discretion of the court, imprisonment for a term
not exceeding five years, or both.
(4) References in the Act of 1913 to dies shall include portions of a
die.
Charges by Company.
14.—The Company may make such charges, in respect of the
assaying and the striking with approved hallmarks of articles of
precious metals submitted to the Assay Master for assaying and striking,
as the Minister from time to time approves.
Repeals.
15.—Each enactment mentioned in column (2) of the Schedule to
this Act is hereby repealed to the extent specified in column (3) of
that Schedule.
Regulations to be laid
before Houses of Oireachtas.
16.—Every regulation under this Act shall be laid before each
House of the Oireachtas as soon as practicable after it is made and, if
a resolution annulling the regulation is passed by either House within
the next 21 days on which that House has sat after the regulation has
been laid before it, the regulation shall be annulled accordingly, but
without prejudice to the validity of anything previously done under the
regulation.
Expenses.
17.—The expenses incurred by the Minister in the
administration of this Act shall, to such extent as may be sanctioned by
the Minister for Finance, be paid out of moneys provided by the
Oireachtas.
Short title and
commencement.
18.—(1) This Act may be cited as the
Hallmarking Act, 1981 .
(2) This Act shall come into operation on such day as the Minister
appoints by order.
Section 15
SCHEDULE
ENACTMENTS REPEALED
|
Session and
Chapter, or Year and Number
(1) |
Short title
(2) |
Extent of Repeal
(3) |
| 23 and 24 Geo. III, c. 23. |
Plate Assay Act, 1783. |
Sections 6, 11 and 18. |
| 5 and 6 Vic., c.56. |
Customs (Amendment) Act, 1842. |
Section 6. |
| 17 and 18 Vic., c.96. |
Gold and Silver Wares Act, 1854. |
Sections 1, 2 and 4. |
| 50 and 51 Vic., c.28. |
Merchandise Marks Act, 1887. |
Section 8. |
| 1931, No. 10. |
Plate Assay (Amendment) Act, 1931 . |
Sections 1, 2 and 4. |
ACTS
REFERRED TO
| Customs Act, 1842 |
1842, c. 47 |
| Customs (Amendment) Act, 1842, |
1842, c. 56 |
| Forgery Act, 1913, |
1913, c. 27 |
| Gold and Silver Wares Act, 1854, |
1854, c. 96 |
| Hall-marking of Foreign Plate Act, 1904, |
1904, c. 6 |
| Merchandise Marks Act, 1887, |
1887, c. 28 |
| Plate Assay Act, 1783, |
1783, c. 23 |
|
Plate Assay (Amendment) Act, 1931 , |
1931, No. 10 |
| Plate Assay (Ireland) Act, 1807, |
1807, c. 15 |
| Revenue Act, 1883, |
1883, c. 55 |
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