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Section 10 Selling of articles containing unclean materials.

England, Wales and Scotland

(1)

Subject to the provisions of this and the next following section, if any person has in his possession for the purpose of sale, or offers or exposes for sale, or sells, any article which—

(a)

is upholstered or otherwise lined or stuffed with filling materials to which this Act applies which are not clean, and

(b)

is of a kind which ought to be upholstered or stuffed or lined on premises registered under this Act,

he shall be guilty of an offence.

(2)

Nothing in subsection (1) of this section shall make it an offence for a person to have in his possession for the purpose of sale, or offer or expose for sale, or sell, any second-hand article.

(3)

Nothing in subsection (1) of this section shall render liable any auctioneer acting in the course of his business on behalf of another or any person acting as the servant of an auctioneer in the course of his business but this subsection shall be without prejudice to the liability of any person on whose behalf the auctioneer was acting.

(4)

In any proceedings under this section it shall be a defence for the defendant to prove—

(a)

that he purchased the article to which the proceedings relate as one which contained no filling materials to which this Act applies which were not clean within the meaning of this Act and with a written warranty to that effect; and

(b)

that he had no reason to believe at the time of the alleged offence that any filling materials to which this Act applies in the article were not clean; and

(c)

that the article at the time of the alleged offence was in the same state as when he purchased it.

(5)

In any proceedings under this section it shall be a defence for the defendant to prove—

(a)

that the filling materials alleged not to be clean were put into the article on premises occupied by him and registered under this Act and were purchased by him as being clean within the meaning of this Act or, in the case of rag flock, as coming from premises licensed under this Act and, in either case, with a written warranty to that effect; and

(b)

that he had no reason to believe at the time of the alleged offence that the materials were not clean, or, as the case may be, that the rag flock came from some other place; and

(c)

that, in any case, those materials were when put in the article in the same state as when he purchased them.

(6)

Where the defendant is a servant or agent of the person who purchased the article or materials under a warranty, he shall be entitled to rely on the provisions of either of the two last foregoing subsections in the same way as his employer or principal would have been entitled to do if he had been the defendant.

F1(7)

References in this section to a sale or to selling include references to a bailment or (in Scotland) hiring under a hire-purchase agreement or to an agreement to sell under a conditional sale agreement.

In this subsection—

  • “conditional sale agreement” means an agreement for the sale of goods under which the purchase price or part of it is payable by instalments, and the property in the goods is to remain in the seller (notwithstanding that the buyer is to be in possession of the goods) until such conditions as to the payment of instalments or otherwise as may be specified in the agreement are fulfilled; and

  • “hire-purchase agreement” means an agreement other than a conditional sale agreement, under which—

    1. (a)

      goods are bailed or (in Scotland) hired in return for periodical payments by the person to whom they are bailed or hired, and

    2. (b)

      the property in the goods will pass to that person if the terms of the agreement are complied with and one or more of the following occurs—

    3. (i)

      the exercise of an option to purchase by that person.

    4. (ii)

      the doing of any other specified act by any party to the agreement,

    5. (iii)

      the happening of any other specified event.

Annotations

Textual amendments

F1

S. 10(7) substituted by Consumer Credit Act 1974 (c. 39), s. 192(4), Sch. 4 Pt. I para. 11

Notes on the whole Act

Textual amendments

F1

Act repealed (6.1.1997) by S.I. 1996/3097, art. 2