Section 1193 Name suggesting connection with government or public authorityI1
United Kingdom
A person must not, without the approval of the Secretary of State, carry on business in the United Kingdom under a name that would be likely to give the impression that the business is connected with—
Her Majesty's Government, any part of the Scottish administration F1, the Welsh Assembly Government or Her Majesty's Government in Northern Ireland,
any local authority, or
any public authority specified for the purposes of this section by regulations made by the Secretary of State.
For the purposes of this section—
“local authority” means—
- (a)
a local authority within the meaning of the Local Government Act 1972 (c. 70), the Common Council of the City of London or the Council of the Isles of Scilly,
- (b)
a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39), or
- (c)
a district council in Northern Ireland;
- (a)
“public authority” includes any person or body having functions of a public nature.
Regulations under this section are subject to affirmative resolution procedure.
A person who contravenes this section commits an offence.
Where an offence under this section is committed by a body corporate, an offence is also committed by every officer of the body who is in default.
A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale and, for continued contravention, a daily default fine not exceeding one-tenth of level 3 on the standard scale.
Annotations
Textual amendments
- F1
Words in s. 1193(1)(a) inserted (6.11.2009) by The Government of Wales Act 2006 (Consequential Modifications, Transitional Provisions and Saving) Order 2009 (S.I. 2009/2958), art. 11
Commencement
- I1
S. 1193 wholly in force at 1.10.2009; s. 1193 not in force at Royal Assent, see s. 1300; s. 1193 in force for specified purposes at 20.1.2007 by S.I. 2006/3428, art. 3(3) (subject to art. 5, Sch. 1 and with arts. 6, 8, Sch. 5); s. 1193 otherwise in force at 1.10.2009 by S.I. 2008/2860, art. 3(x) (with arts. 5, 7, 8, Sch. 2) (as amended by S.I. 2009/1802, art. 18)
Notes on Part 41
Modifications
- C1
Pt. 41 applied (8.12.2017) by The Risk Transformation Regulations 2017 (S.I. 2017/1212), regs. 1(2), 12(8) (with reg. 189)