{
  "url": "https://openlegislation.uk/birmingham-assay-office-order-1989/article-3",
  "json_url": "https://openlegislation.uk/birmingham-assay-office-order-1989/article-3.json",
  "legislation": "uksi/1989/900",
  "legislation_title": "The Birmingham Assay Office Order 1989",
  "legislation_url": "https://openlegislation.uk/birmingham-assay-office-order-1989",
  "path": "article/3",
  "kind": "article",
  "number": "3",
  "heading": "Alteration of constitution",
  "text": "(1) As from the appointed day the Company shall consist of thirty-six guardians, being persons appearing to have a concern with the continuance of any Assay Office operated by the Company; and in their appointment regard shall be had to the need for securing that the guardians shall include persons who are suitably experienced and qualified as follows:–\n(a) six or more persons (but not more than nine), by virtue of their engagement wholly or mainly in trading in, or manufacture of, articles of precious metal;\n(b) two or more persons, by virtue of their knowledge of, and experience in, organisations established, or activities carried on, for the protection of consumers;\n(c) two or more persons, by virtue of their knowledge of, and experience in, the enforcement of consumer protection legislation;\n(d) one or more persons, by virtue of their employment full time in the management of the Office;\n(e) one or more persons, by virtue of their full time employment by the Company, but not being employed full time in the management of the Office.\n(2) Before making appointments in accordance with paragraph (1) of this article, the guardians shall undertake such consultations as are appropriate.\n(3) The guardians holding office immediately before the appointed day–\n(a) shall, after consultation with the British Hallmarking Council, which shall be given at least one month’s written notice of the guardians' proposals, appoint persons as guardians (who may include persons from their own number who are suitably qualified and experienced) pursuant to paragraph (1) of this article who are to hold office as from that day; and\n(b) shall retire from the office they held before the appointed day at the end of the general meeting of the Company held on that day.\n(4) The guardians first appointed under paragraph (3) of this article shall be appointed as respects–\n(a) nine, until the end of the annual meeting of the Company held in 1990;\n(b) nine, until the end of the annual meeting held in 1991;\n(c) nine, until the end of the annual meeting held in 1992; and\n(d) nine, until the end of the annual meeting held in 1993.\n(5) Subject as regards the appointment of the guardians first appointed, to paragraphs (3) and (4) of this article, appointments of persons as guardians shall be made at a general meeting by the guardians holding office for the time being; and, subject to the provisions of this Order, any guardian so appointed shall, unless he shall previously die or resign or be removed from office, hold office until the end of the fourth annual meeting following the meeting at which he is appointed.\n(6) Before taking up his appointment every guardian shall sign an undertaking in a form from time to time approved by the Company that he will diligently fulfil the duties of his office and not disclose, otherwise than as may be necessary in the course of his office or with the consent in writing of the person having a right so to disclose, information respecting either any trade secret or procedure used in carrying on a particular undertaking (whether of the Company or otherwise) or any pattern, design or invention of or relating to any article brought to be assayed, being information given to him or obtained by him by virtue of his office. Failure to sign the said undertaking shall disqualify the guardian from office as guardian.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1989/900/article/3",
    "retrieved_at": "2026-10-29T15:43:54.512260+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}