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TRADING STAMPS ACT (NORTHERN IRELAND) 1965

TRADING STAMPS ACT (NORTHERN IRELAND) 1965 - LONG TITLE

An Act to make provision with respect to trading stamps, including
provision for regulating the issue, use and redemption of trading
stamps; to provide for regulating the business of issuing and
redeeming trading stamps; and for purposes connected with the matters
aforesaid.{1}
[23rd March 1965]
Restrictions on persons who may carry on business as promoters of
trading stamp schemes.

TRADING STAMPS ACT (NORTHERN IRELAND) 1965 - SECT 1

1.(1) No person other than a company or an industrial and provident
society shall carry on business as the promoter of a trading stamp
scheme.

[(2) If and so long as a private company carries on business as
the promoter of a trading stamp scheme, the company shall be deemed
not to be a private company for the purposes of the following
provisions of the Companies Act (Northern Ireland) 1960, that is to
say

(a)section 122 (documents to be annexed to annual return);

(b)section 137 (duty to forward to registrar copies of certain
resolutions and agreements);

(c)section 155(2)(b) (disqualification of auditors);

(d)section 181(1) (prohibition of loans to directors).]

(3) Section 359(3) of the Companies Act (Northern Ireland), 1960,
shall not apply to any company registered in Great Britain where
and so long as such company carries on business as the promoter of
a trading stamp scheme in Northern Ireland.

(4) Any person who carries on business in contravention of
subsection (1) shall be guilty of an offence and shall be liable

(a)on conviction on indictment to a fine of any amount, and

(b)on summary conviction to a fine not exceeding one hundred pounds.

(5) In this and the next following section

"company" means a company formed and registered under the Companies
Act (Northern Ireland) 1960 or an existing company within the
meaning of that Act, and a company which carries on business as
the promoter of a trading stamp scheme in Great Britain under the
Trading Stamps Act, 1964, and which has an established place of
business in Northern Ireland;

"private company" has the same meaning as in the Companies Act
(Northern Ireland) 1960; and;

"industrial and provident society" means a society registered in
Northern Ireland under the Industrial and Provident Societies Act
1893.

TRADING STAMPS ACT (NORTHERN IRELAND) 1965 - SECT 2
Statements required on face of trading stamps.

2.[(1) No person shall after the coming into force of this section
issue any trading stamp, or cause any trading stamp to be issued,
or deliver any trading stamp to any person in connection with the
sale of any goods, the bailment of any goods under a hire-purchase
agreement or the performance of any services, unless such trading
stamp bears on its face in clear and legible characters a value
expressed in or by reference to current coin of the realm.]

(2) As from the coming into force of this section it shall be the
duty of a company or industrial and provident society carrying on
business as the promoter of a trading stamp scheme to secure that
all trading stamps issued under the scheme bear on their face in
clear and legible characters

(a)in the case of a company, either the name of the company or a
business name registered in respect of the company under the
Registration of Business Names Act 1916;

(b)in the case of an industrial and provident society, the name of
the society.

(3) A person who contravenes subsection (1) or subsection (2) shall
be guilty of an offence and shall on summary conviction be liable
to a fine not exceeding

(a)in the case of an offence by a promoter of a trading stamp
scheme, one hundred pounds, and

(b)in the case of an offence by some other person, twenty pounds.

TRADING STAMPS ACT (NORTHERN IRELAND) 1965 - SECT 3
Redemption of trading stamps for cash.

3.(1) If the holder of any number of redeemable trading stamps
which have an aggregate cash value of not less than [25p] so
requests, the promoter of the trading stamp scheme shall redeem them
by paying over their aggregate cash value.

(2) The holder may exercise his right under the foregoing subsection

(a)by presenting the stamps at any reasonable time at the promoter's
registered office, or, if the promoter has no registered office in
Northern Ireland, at any office of the promoter in Northern Ireland;

(b)by sending the stamps by post to the office mentioned in
paragraph (a) with sufficient instructions as to the manner in which
the cash value is to be paid over,

(3) The obligation under this section in the case of an aggregate
cash value which includes a fraction of a [new penny] shall be
arrived at by taking the sum to the nearest [new penny] below the
aggregate cash value.

[(4) In this section "redeemable trading stamps" means trading stamps
delivered after the coming into force of this section in accordance
with a trading stamp scheme on or in connection with either

(a)the purchase of any goods,

(b)the bailment or (in Scotland) the hiring of any goods under a
hire-purchase agreement, or

(c)the obtaining of any services for money,

(5) Subject to subsection (6) this section shall also apply to
trading stamps so delivered before the date of the coming into
force of this section if a cash value is stated on their face.

(6) This section shall not apply

(a)to trading stamps which have been so delivered before the date
of the coming into force of this section and which show on their
face that they were so delivered before that date, or

(b)to trading stamps which have been so delivered not later than
six months after the passing of this Act and which show on their
face, instead of any reference to any kind of value to the holder,
a value indicating the sum paid on the purchase or other
transaction in connection with which they were delivered or some
other value which, having regard to the terms of the trading stamp
scheme, it would be unreasonable to take as their value for the
purposes of redemption under this section.

(7) Any agreement under which the rights conferred by this section
on holders of redeemable trading stamps are surrendered or modified
shall be void.[

TRADING STAMPS ACT (NORTHERN IRELAND) 1965 - SECT 4
Warranties to be implied on redemption of trading stamps for goods.

4.(1) In every redemption of trading stamps for goods,
notwithstanding any terms to the contrary on which the redemption is
made, there is

(a)an implied warranty on the part of the promoter of the trading
stamp scheme that he has a right to give the goods in exchange;

(b)an implied warranty that the goods are free from any charge or
encumbrance not disclosed or known to the person obtaining the goods
before, or at the time of, redemption and that that the person
will enjoy quiet possession of the goods except so far as it may
be disturbed by the owner or other person entitled to the benefit
of any charge or encumbrance so disclosed or known;

(c)an implied warranty that the goods are of merchantable quality,
except that there is no such warranty

(i)as regards defects specifically drawn to the attention of the
person obtaining the goods before or at the time of redemption; or

(ii)if that person examines the goods before or at the time of
redemption, as regards defects which that examination ought to
reveal.

(2) Goods of any kind are of merchantable quality within the
meaning of this section if they are as fit for the purpose or
purposes for which goods of that kind are commonly bought as it is
reasonable to expect having regard to any description applied to
them and all the other relevant circumstances.]

TRADING STAMPS ACT (NORTHERN IRELAND) 1965 - SECT 5
Catalogues and stamp books to include name and address of promoter.

5.(1) Every catalogue published by or on behalf of the promoter of
a trading stamp scheme which indicates (whether by reference to a
stated number of filled stamp books or otherwise) the number of
trading stamps required to obtain anything described in the
catalogue, and every stamp book published by or on behalf of the
promoter of such a scheme, shall contain a prominent statement of
the name of the promoter and the address of the promoter's
registered office and, if the promoter has no registered office in
Northern Ireland, of his established place of business in Northern
Ireland.

(2) If the promoter of a trading stamp scheme publishes, issues or
distributes a catalogue or stamp book which fails to comply with
any of the requirements of this section, he shall be guilty of an
offence and shall be liable on summary conviction to a fine not
exceeding one hundred pounds.

TRADING STAMPS ACT (NORTHERN IRELAND) 1965 - SECT 6
Advertisements referring to value of trading stamps.

6.(1) It shall be unlawful for the promoter of a trading stamp
scheme, or for any person carrying on a trade or business in which
a trading stamp scheme is operated, after the coming into force of
this section to issue or publish, or cause to be issued or
published, an advertisement in any medium which conveys, or purports
to convey, the cash value of any trading stamps in terms which are
misleading or deceptive or in terms which in any misleading or
deceptive manner identify the worth of any trading stamps with what
the holder pays or may pay to obtain them.

(2) A person who contravenes this section shall be guilty of an
offence and shall be liable on summary conviction to a fine not
exceeding fifty pounds.

(3) For the purposes of this section an advertisement issued by way
of display or exhibition in a public place shall be treated as
issued on every day on which it is so displayed or exhibited, but
in proceedings brought by virtue of this subsection in a case where
the display or exhibition began before the date of the coming into
force of this section, it shall be a defence to show that the
defendant had taken all reasonable steps to secure that the display
or exhibition was terminated before that date.

TRADING STAMPS ACT (NORTHERN IRELAND) 1965 - SECT 7
Display of information in shops.

7.(1) In the case of every shop in which a trading stamp scheme
is operated

(a)there shall be kept posted a notice stating the cash value of
the trading stamps issued under the scheme and giving such
particulars as will enable customers readily to ascertain the number
of trading stamps, if any, to which they are entitled on any
purchase or other transaction, and

(b)if any current catalogue has been published for the trading stamp
scheme by or on behalf of the promoter, a copy of that catalogue
shall be kept where it can be conveniently consulted by customers.

(2) A notice under this section shall be posted in such characters
and in such a position as to be conveniently read by customers.

(3) If without reasonable excuse any of the foregoing provisions of
this section are not complied with in the case of any shop, the
occupier or other person having control of the shop shall be guilty
of an offence and shall be liable on summary conviction to a fine
not exceeding twenty pounds.

(4) If any person pulls down, ... any notice posted in pursuance
of this section, he shall be guilty of an offence and shall be
liable on summary conviction to a fine not exceeding twenty pounds.

(5) In this section "current catalogue" means any such catalogue as
is described in section 5(1), being a catalogue which has not been
superseded or withdrawn.

TRADING STAMPS ACT (NORTHERN IRELAND) 1965 - SECT 8
Prohibition of giving animals in redemption of trading stamps.

8. If any person offers to give or gives any animal in or towards
the redemption of any trading stamp, he shall be guilty of an
offence and shall be liable on summary conviction to a fine not
exceeding #20.

TRADING STAMPS ACT (NORTHERN IRELAND) 1965 - SECT 9
Interpretation.

9. In this Act the following expressions have the meanings hereby
assigned to them respectively, that is to say

"cash value" means, in relation to any trading stamp, the value
stated on such stamp;

["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;]

"goods" includes vehicles, vessels, aircraft and animals, and
generally includes articles and property of any description;

["hire-purchase agreement" means an agreement, other than a
conditional sale agreement, under which

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

(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

(i)the exercise of an option to purchase by that person,

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

<(iii)the happening of any other specified event;]

Definition repealed by 1974 c.39 s.192 sch.5 Pt.II

"to redeem" means, in relation to any trading stamps, to exchange
such stamps (whether by delivering up the stamps or by suffering
the same to be cancelled or otherwise howsoever) for money or for
goods or for any other benefit, allowance, concession or advantage
(but not including the service or repair by the seller or
manufacturer of the goods upon or in connection with the purchase
of which the stamps are delivered or the replacement of such goods
if defective); and the expressions "redeemable" and "redemption" shall
be construed accordingly;

"shop" includes any premises, and any vehicle, stall or place other
than premises, on or in which any retail trade or business is
carried on;

"stamp" means any stamp, coupon, voucher, token or similar device,
whether adhesive or not, other than lawful money of the realm;

"stamp book" means a book or similar article in or to which it is
intended that trading stamps shall be affixed;

["trading stamp" means a stamp which is, or is intended to be,
delivered to any person on or in connection with either

(i)the purchase of any goods, or

(ii)the bailment of any goods under a hire-purchase agreement,

(a)it is delivered or is intended to be delivered to a person (in
this definition called "the purchaser") on or in connection with the
purchase of any goods by the purchaser, or the bailment to him of
any goods, and

(b)it is intended to be, and is not, redeemable from any person
other than

(i)the person (in this definition called "the seller") from whom the
purchaser purchased those goods or who bailed those goods to him,
or

(ii)any person from whom the seller (whether directly or indirectly)
acquired those goods, and

(c)in the case where a business is carried on by six or more
retail establishments, the stamp is one of a kind obtainable at no
more than six of those retail establishments, and not obtainable by
the public elsewhere, and the arrangements under which it is
redeemable are entirely separate from arrangements under which any
other stamps, whether trading stamps or not, are redeemable,

"trading stamp scheme" means any arrangements for making trading
stamps available for use in shops or elsewhere, together with
arrangements for their redemption, and "promoter", in relation to a
trading stamp scheme, includes, in a case where a person carrying
on a retail trade or business assumes responsibility for the
redemption of trading stamps, that person.

TRADING STAMPS ACT (NORTHERN IRELAND) 1965 - SECT 10
Short title and commencement.

10.(1) This Act may be cited as the Trading Stamps Act (Northern
Ireland) 1965.

(2) Commencement