WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANlZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of IntellectuaI Property Rights IP/N/I/GBRlG/l 
16 July 1996 
(96-2772) 
Original: English 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
United Kingdom 
The present document reproduces 1 the Trade Descriptions Act 1968, as notified by the 
United Kingdom under Article 63.2 of the Agreement (see document IP/N/lIGBRl1). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce Original: anglais 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
Royaume- Uni 
Le present document contient le texte de la Loi de 1968 sur les designations commerciales1, 
notifiee par le Royaume-Uni au titre de l'article 63:2 de l' Accord (voir le document IP/N/lIGBRl1). 
Consejo de los Aspectos de la Propiedad 
Intelectual relacionados con el Comercio Original: ingles 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS DE CONFORMIDAD CON 
EL pARRAFO 2 DEL ARTicULO 63 DEL ACUERDO 
Reino Unido 
En el presente documento se reproduce1 la Ley de Descripciones Comerciales de 1968, notificada 
por el Reino Unido de conformidad con el parrafo 2 del articulo 63 del Acuerdo (vease el documento 
IPIN/lIGBRl1) , 
tIn English only/Anglais seulementlEn ingles solamente. IP/N/lIGBRlG/l 
Page 2 
Trade Descriptions Act 1968 
CHAPTER 29 
ARRANGEMENT OF SECTIONS 
Prohibition of false trade descriptions 
Section 
1. Prohibition of false trade descriptions. 
2 Trade description. 
3. False trade description. 
4. Applying a trade description to goods. 
5. Trade descriptions used in advertisements. 
6. Offer to supply. 
Power to define tenns and to require display, etc. 
of information 
7. Definition orders. 
8. Marking orders. 
9. Information, etc. to be given in advertisements. 
10. Provisions supplementary to sections 8 and 9. 
Misstatenzents other than false trade descriptions 
11. False or misleading indications as to price of goods. 
12. False representations as to royal approval or award, etc. 
13. False representations as to supply of goods or services. 
14. False or misleading statements as to services, etc. 
15. Orders defining terms for purposes of section 14. 
Prohibition of ilnportation of certain goods 
16. Prohibition of importation of goods bearing false indication 
of origin. 
17. Restriction on importation of gooas bearing infringing 
trade marks. 
A 11 IP/N/lIGBRlG/l 
Page 3 
CH. 29 Trade Descriptions Act 1968 
Provisions as to offences 
Section 
18. Penalty for offences. 
19. Time limit for prosecutions. 
20. Offences by corporations. 
21. Accessories to offences committed abroad. 
22. Restrictions on institution of proceedings and adn1ission of 
evidence. 
Defences 
23. Offences due to fault of other person. 
24. Defence of mistake, accident, etc. 
25. Innocent publication of advertisement. 
Enforcement 
26. Enforcing authorities. 
27. Power to make test purchases. 
28. Power to enter premises and inspect and seize goods and 
documents. 
29. Obstruction of authorised officers. 
30. Notice of test and intended prosecution. 
31. Evidence by certificate. 
Miscellaneous and Supplemental 
32. Power to exempt goods sold for export, etc. 
33. Compensation for loss, etc., of goods seized under s. 28. 
34. Trade marks containing trade descriptions. 
35. Saving for civil rights. 
36. Country of origin. 
37. Market research experiments. 
38. Orders. 
39. Interpretation. 
40. Provisions as to Northern Ireland. 
41. Consequential amendments and repeals. 
42. Continuation, for three years, of Orders in Council requiring 
indication of origin. 
43. Short title and commencement. 
SCHEDULES: 
Schedule I-Consequential amendments. 
Schedule 2-Repeals. IP/N/lIGBRlG/l 
Page 4 
Trade Descriptions Act 1968 
ELIZABETH 11 
1968 CHAPTER 29 CH. 29 
An Act to replace the Merchandise Marks Acts 1887 to 
1953 by fresh provisions prohibiting misdescriptions of 
goods, services, accommodation and facilities provided 
in the course of trade; to prohibit false or misleading 
indications as to the price of goods; to confer power 
to require infonnation or instructions relating to goods 
to be marked on or to accompany the goods or to be 
included in advertisements; to prohibit the un­
authorised use of devices or emblems signifying royal 
awards; to enable the Parliament of Northern Ireland 
to make laws relating to ll1erchandise marks; and for 
purposes connected with those matters. [30th May 1968] 
BE IT ENACTED by the Queen1s most Excellent Majesty, by and 
with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament 
assembled, and by the authority of the same, as follows:-
Prohibition ot false trade descriptions 
1.-0) Any oerson who, in the course of a trade or business,- Prohibition of 
( ) li... f 1 d d .. . d false trade a app es a a se tra e escnptlon to any goo s; or descriptions. 
(b) supplies or offers to supply any goods to which a false 
trade description is applied; 
shall, subject to the provisions of this Act, be guilty of an offence. 
(2) Sections 2 to 6 of this Act shall have effect for the 
purposes of this section and for the interpretation of expressions 
used in this section, wherever they occur in this Act. 
264317 B· Trade 
description. 
1920 c. 54. 
1928 c. 19. 
1931 c. 40. 
1964 c. 14. 
1964 c. 28. 
1965 c. 22 
(N.l.). 
1966 c. 15 
(N.I.). 
1926 c. 45. 
1967 c. 22. IP IN/lIGBRlG/l 
Page 5 
CH. 29 Trade Descriptions Act 1968 
2.-( 1) A trade description is an indication, direct or indirect, 
and by whatever means given, of any of the following matters 
with respect to any goods or parts of goods, that is to say-
(a) quantity, size or gauge; 
(b) method of manufacture, production, processing or re­
conditioning; 
(c) composition; 
(cl) fitness for purpose, strength, performance, behaviour or 
accuracy; 
(e) any physical characteristics not included in the preced­
ing paragraphs; 
(f) testing by any person and results thereof; 
(g) approval by any person or conformity with a type 
approved by any person; 
(h) place or date of manufacture, production, processing 
or reconditioning; 
(z) person by whom manufactured, produced, processed or 
reconditioned ; 
(J) other history, including previous o\vnership or use. 
(2) The matters specified in subsection (1) of this section 
shall be taken-
(aY in relation to any animal, to include sex, breed or cross, 
fertility and soundness; 
(b) in relation to any semen, to include the identity and 
characteristics of the animal from which it was taken 
and measure of dilution. 
(3) In this section "quantity" includes length, width, height, 
area, volume, capacity, weight and number. 
(4) Notwithstanding anything in the preceding provisions of 
this section, the following shall be deemed not to be trade 
descriptions, that is to say, any description or mark applied in 
pursuance of-
(a) the Seeds Act 1920 : 
(b) section 2 of the Agricultural Produce (Grading and 
?vlarking) Act 1928 (as amended by the Agricultural 
Produce (Grading and Marking) Amendment Act 1931) 
or any corresponding enactment of the Parliament of 
Northern Ireland; 
(c) the Plant Varieties and Seeds Act 1964 ; 
(cl) the Agriculture and Horticulture Act 1964 ; 
(e) the Seeds Act (Northern Ireland) 1965 ; 
(t) the Horticulture Act <Northern Ireland) 1966 ; 
any description applied in pursuance of the Fertilisers and Feed­
ing Stuffs Act 1926 to an article included in the first column 
of Schedule 1. to that Act, and any mark prescribed by a system 
of classification compiled under section 5 of the Agriculture 
Act 1967. IP/N/lIGBRlG/l 
Page 6 
Trade Descriptions Act 1968 CH. 29 
(5) Notwithstanding anything in the preceding provisions of 
this section, where provision is made under the Food and Drugs 1955 c. 16 
Act 1955, the Food and Drugs (Scotland) Act 1956 or the (4 & 5 Eliz. 2), 
Food and Drugs Act (Northern Ireland) 1958 prohibiting the ~~~~ c. ~~. 
application of a description except to goods in the case of which (N.I.)~· 
the requirements specified in that provision are complied with, 
that description, when applied to such goods, shall be deemed 
not to be a trade description. 
3.-( l)A false trade description is a trade description which False. tr~de 
is false to a material degree. desCriptIOn. 
(2) A trade description which, though not false, is misleading, 
that is to say, likely to be taken for such an indication of 
any of the matters specified in section 2 of this Act as would 
be false to a material degree, shall be deemed to be a false 
trade description. 
(3) Anything which, though not a trade description, is likely 
to be taken for an indication of. any of those matters and, as 
such an indication, would be false to a material degree, shall 
be deemed to be a fals~ trade description. . 
(4) A false indication, or anything likely to be taken as an 
indication which would be false, that any goods comply with 
a standard specified or recognised by any person or implied by 
the approval of any person shall be deemed to be a false trade 
description, if there is no such person or no standard so specified, 
recognised or implied. 
4.-(1) A person applies a trade description to goods if he-Applying a 
() ffi .. k . trade a a. xes or ann~xes .It to or ill any manner mar"s It on or description to 
Incorporates It Wlth- . goods. 
(i) the goods themselves, or . 
(iD anything in, on or with which the goods are 
supplied; or 
(b) places the goods in, on or with anything which the trade 
description has been affixed or annexed to, marked on 
or incorporated with, or places any such thing witli 
the goods; or 
(c) uses the trade description in any manner likely to 
be taken as referring to the goods. 
(2) An oral statement may amount to the use of a trade 
description. 
(3) Where goods are supplied in pursuance of a request in 
which a trade description is used and the circumstances are 
such as to make it reasonable to infer that the goods are CH. 29 IP/NIlIGBRlGI 1 
Page 7 
Trade Descriptions Act 1968 
supplied as goods corresponding to that trade description, the 
person supplying the goods shall be deemed to have applied 
that trade description to the goods. 
Trad~ . 5.-(1) The following provisions of this section shall have 
descr~ptIOns effect where in an advertisement a trade description is used in 
used It?- relation to any class of Goods. advertIsements. 0 
Offer to 
supply. 
Definition 
orders. (2) The trade description shall be taken as referring to all 
goods of the class, whether or not in existence at the time the 
advertisement is published-
(a) for the purpose of determining whether an offence has 
been committed under paragraph (a) of section 1(1) 
of this Act; and 
(b) where goods of the class are supplied or offered to be 
supplied by a person publishing or displaying the 
advertisement, also for the purpose of determining 
whether an offence has been committed under paragrapb 
(b) of the said section 10). 
(3) In determining for the purposes of this section whether 
any goods are of a class to which a trade description used in 
·an advertisement relates regard shall be had not only to the 
form and content of the advertisement but also to the time, 
place, manner and frequency of its publication and all other 
matters making it likely or unlikely that a person to whom the 
goods are supplied would think of the goods as belonging to 
the class in relation to which the trade description is used in 
the advertisement. 
6. A person exposing goods for supply or having goods in 
his possession for supply shall be deemed to offer to supply 
them. 
Power to define terms and to require display, etc. of 
information 
7. Where it appears to the Board of Trade--
(a) that it would be in the interest of persons to whom 
any goods are supplied; or 
(b) that it would be in the interest of persons by whom 
any goods are exported and would not be contrary 
to the interest of persons to whom such goods are 
supplied in the United Kingdom; 
that any expressions used in relation to the goods should be 
understood as having definite meanings, the Board may by 
order assign such meanings efther-
(i) to those expressions when used in the course of a trade 
or business as, or as part of, a trade description 
applied to the goods; or IP/N/lIGBRlG/l 
Page 8 
Trade Descriptions Act 1968 CH. 29 
(ii) to those expressions when so used in such circum-
stances as may be specified in the order; 
and where such a meaning is so assigned to an expression it 
shall be deemed for the purposes of this Act to have that 
meaning when used as mentioned in paragraph (i) or, as the 
case may be, paragraph (ii) of this section. 
8.-(1) \Vhere it appears to the Board of Trade necessary Marking 
or expedient in the interest of persons to whom any goods are orders. 
supplied that the goods should be marked with or accompanied 
by any information· (whether or not amounting to or including 
a trade description) or instruction relating to the goods, the 
Board may, subject to the provisions of this Act, by order 
impose requirements for securing that the goods are so marked 
or accompanied, and regulate or prohibit the supply of goods 
with respect to which the requirements are not complied with; 
and the requirements may extend to the form and manner in 
which the information or instruction is to be given. 
(2) \Vhere an order under this section is in force with respect 
to goods of any description, any person who, in the course of 
any trade or business, supplies or offers to supply goods of that 
description in contravention of the order shall, subject to the 
provisions of this Act, be guilty o~ an offence. 
(3) An order under this section may make different provision 
for different circumstances and may, in the case of goods 
supplied in circumstances where the information or instruction 
required by the order would not be conveyed until a~ter 
delivery, require the whole or part thereof to be also displayed 
near the goods. 
9.-(1) \Vhere it appears to the Board of Trade necessary or Information, 
expedient in the interest of persons to whom any goods are e~c. to. be 
to be supplied that any description of advertisements of the gI;en lp 
goods should contain or refer to any information <whether or a vertlsements. 
not amounting to or including a trade description) relating to 
the goods the Board may, subject to the provisions of this Act, 
by order impose requirements as to the inclusion of that informa-
tion, or of an indication of the means by which it may be 
obtained, in such description of advertisements of the goods 
as may be specified in the order. 
(2) An order under this section may specify the form and 
manner in which any such information or indication is to be 
included in advertisements of any description and may make 
different provision for different circumstances. 
(3) Where an advertisenlent of any goods to be supplied in the 
course of any trade or business fails to comply with any 
requirement imposed under this section, any person who pub­
lishes the advertiseD1ent shall, subject to the provisions of this 
Act, be guilty of an offence. 
A2 
:!6.!327 c· Provisions 
supplementary 
to soctions 
8 and 9. 
False or 
misleading 
indications as 
to price of 
goods. IP 1Nl lIGBRlGI 1 
Page 9 
CH. 29 Trade Descriptions Act 1968 
10.-(1) A requirement imposed by an order under section 8 
or section 9 of this Act in relation to any goods shall not be 
confined to goods manufactured or produced in anyone country 
or anyone of a number of countries or to goods manufactured 
or produced outside anyone or more countries, unless-
(a) it is imposed with respect to a description of goods in 
the case of which the Board of Trade are satisfied 
that the interest of persons in the United Kingdom 
to whom goods of that description are supplied will 
be sufficiently protected if the requirement is so 
confined; and 
(b) the Board of Trade are satisfied that the order is com­
patible with the international obligations of the United 
Kingdom. 
(2) Where any requirements with respect to any goods are 
for the time being imposed by such an order and the Board 
of Trade are satisfied, on the representation of persons appear­
ing to the Board to have a substantial interest in the matter, that 
greater hardship would be caused to such persons if the require­
ments continued to apply than is justified by the interest of 
persons to whom such goods are supplied, the power of the 
'Board to relax or discontinue the requirements by a further order 
may be exercised without the consultation and notice required by 
section 38(3) of this Act. 
Misstatements other than false tra.de descr{;tions 
11.-(1) If any person offering to supply goods of any des­
cription gives, by whatever means, any false indication to the 
effect that the price at which the goods are offered is equal to or 
less than-, 
(a) a recommended price; or 
(b) the price at which the goods or goods of the same 
description were previously offered by him; 
or is less than such a price by a specified amount, he shall, subject 
to the provisions of this Act, be guilty of an offence. 
(2) If any person offering to supply any goods gives, by what­
ever means, any indication likely to be taken as an indication 
that the goods are being offered at a price less than that at 
which they are in fact being offered he shall, subject to the 
provisions of this Act, be guilty of an offence. 
(3) For the purposes of this section-
(a) an indication that goods were previously offered at a 
higher price or at a particular price-
(i) shall be treated as an indication that they were 
so offered by the person giving the indication, unless 
it is expressly stated that they were so offered by IP/NIlIGBRlGI 1 
Page 10 
Trade Descriptions Act 1968 CH. 29 
others and it is not expressed or implied that they 
were, or might have been, so offered also by that 
person; and 
(ii) shall be treated, unless the contrary is 
expressed, as an indication that they were so offered 
\vithin the preceding six months for a continuous 
period of not less than twenty-eight days; 
(b) an indication as to a recommended price-
(i) shall be treated, unless the contrary is 
expressed, as an indication that it is a price recom­
mended by the manufacturer or producer; and 
(ii) shall be treated, unless the contrary is 
expressed, as an indication that it is a price recom­
mended generally for supply by retail in the area 
where the goods are offered; 
(c) anything likely to be taken as an indication as to a 
recommended price or as to the price at which goods 
were previously offered shall be treated as such an 
indication; and 
(cl) a person advertising goods as available for supply shall 
be taken ~s offering to supply them. 
12.-0) If any person, in the course of any trade or business, False 
gives, by whatever means, any false indication, direct or indirect, representations 
that any goods or services supplied by him or any methods as to royal 
adopted by him are or are of a kind supplied to or approved approval or 
by Her Majesty or any member of the Royal Family, he shall, award, etc. 
subject to the provisions of this Act, be guilty of an offence. 
(2) If any person, in the course of any trade or business, 
uses, without the authority of Her Majesty, any device or 
emblem signifying the Queen's Award to Industry or anything so 
nearly resembling such a device or emblem as to be likely to 
deceive, he shall, subject to the provisions of this Act, be gUilty 
of an offence. 
13. If any person, in the course of any trade or business, False 
gives, by whatever means, any false indication, direct or indirect, representations 
that any goods or services supplied by him are of a kind supplied as to supply of 
to .any person he shall, subject to the provisions of this Act, be ~~r~~e~.r 
guIlty of an offence. 
14.-( 1) It shall be an offence for any person in the course False or 
of any trade or business- misleading 
(a) to make a statement which he knows to be false' or statem~nts as , to servIces, 
(b) recklessly to make a statement which is false; etc. 
as to any of the following matters, that is to say,-
(i) the provision in the course of any trade or business of 
any services, accommodation or facilities; 
A3 Orders 
defining terms 
for purposes 
of section 14. 
Prohibition of 
importation 
of goods 
bearing false 
indication 
of origin. CH. 29 IP/N/lIGBRlGIl 
Page 11 
Trade Descriptions Act 1968 
(ii) the nature of any services, accommodation or facilities 
provided in the course of any trade or business; 
(iiD the time at \vhich, manner in \vhich or persons by 
whom any services, acconlmodation or facilities are so 
provided; 
(iv) the examination, approval or evaluation by any person 
of any services, accommodation or facilities so pro­
vided; or 
(v) the location or amenities of any accommodation so 
provided. 
(2) For the purposes of this section-
(a) anything (whether or not a statement as to any of the 
matters specified in the preceding subsection) likely 
to be taken for such a statement as to any of those 
matters as would be false shall be deenled to be a false 
statement as to that matter; and 
(b) a statement made regardless of whether it is true or 
false shall be deemed to be made recklessly, whether 
or not the person making it had reasons for believing 
that it might be false. 
(3) In relation to any services consisting of or including the 
application of any treatment or process or the carrying out of 
any repair, the matters specified in subsection (1) of this section 
shall be taken to include the effect of the treatment, process or 
repair. 
(4) In this section" false" means false to a materiai degree 
and " services" does not include anything done under a contract 
of service. 
15. \Vhere it appears to the Board of Trade that it would 
be in the interest of persons for whom any services, accommo­
dation or facilities are provided in the course of any trade or 
business that any expressions used with respect thereto should 
be understood as having definite meanings, the Board may by 
order assign such meanings to those expressions when used as~ 
or as part of, such statements as are mentioned in section 14 
of this Act with respect to those services, accommodation or 
facilities; and where such a meaning is so assigned to an 
expression it shall be deemed for the purposes of this Act to 
have that meaning when so used. 
Prohibition of importation of certain goods 
16. \Vhere a false trade description is applied to any goods 
outside the United Kingdom and the false indication, or one of 
the false indications, given, or likely to be taken as given, 
thereby is an indication of the place of manufacture, production, 
processing or reconditioning of the goods or any part thereof, 
the goods shall not be imported into the United Kingdom. IP/N/1 IGBRlGI 1 
Page 12 
Trade Descriptions Act 1968 CH. 29 
17. In the Trade Marks Act 1938 the following section shall Restriction on 
be inserted after section 64 : - importation 
"64A.-(l) The person who is registered as the pro-0bf g<?ods . . d f d k . f eanng pnetor or reglstere user 0 a tra e mar In respect 0 any infringing 
goods may give notice in writing to the Commissioners of trade marks. 
Customs and Excise (in this section referred to as the 1938 c. 22. 
Commissioners)-
(a) that he is the proprietor or registered user of that 
trade mark, and 
(b) that such goods bearing the trade mark are 
expected to arrive in the United Kingdom at a 
time and place and by a consignment specified in 
the notice, and 
(c) that the use within the United Kingdom of the 
trade mark in relation to the goods would infringe 
the proprietor's exclusive right to that use, and 
(cl) that he requests the Commissioners to treat the 
goods as prohibited goods. 
(2) Where a notice has been given under this section in 
respect of any goods bearing a trade mark and has not 
been withdrawn and the requirements of any regulations 
made under this section are complied with, then, subject 
to the following provisions of this section, the importation 
into the United Kingdom of the goods shall, if the con­
dition of paragraph (c) of the preceding subsection is 
satisfied, be deemed to be prohibited unless the importation 
is for the private and domestic use of the person importing 
the goods. 
(3) The Comnlissioners may make regulations prescribing 
the form in which notices are to be given under this section, 
and requiring a person giving such a notice, either at the 
time of giving the notice or at the time when the goods in 
question are imported, or at both those times, to furnish 
the Commissioners with such evidence, and to comply with 
such other conditions (if any), as may be specified in the 
regulations, and any such regulations may include such 
incidental and supplementary provisions as the Commis­
sioners consider expedient for the purposes of this section. 
(4) Without prejudice to the generality of the preceding 
subsection, regulations made under that subsection may 
include provision for requiring a person who has given a 
notice under subsection (1) of this section, or a notice pur­
porting to be a notice under that subsection,-
(a) to pay such fees in respect of the notice as may be 
prescribed by the regulations; 
(b) to give to the Commissioners such security as ·may 
be so prescribed, in respect of any liability or 1952 c. 44. 
Penalty for 
offences. CH. 29 IP/NIlIGBRlGI 1 
Page 13 
Trade Descriptions Act 1968 
expense which they may incur in consequence 
of the detention of any goods to which the notice 
relates, or in consequence of anything done in 
relation to goods so detained; 
(c) whether any such security is given or not, to keep 
the Commissioners indemnified against any such 
liability or expense as is mentioned in the pre­
ceding paragraph. 
(5) For the purposes of section 11 of the Customs and 
Excise Act 1952 (which relates to the disposal of duties) 
any fees paid in pursuance of regulations made under this 
section shall be treated as money collected on account of 
customs. 
(6) Regulations under subsection (3) of this section shall 
be made by statutory instrument, which shall be subject 
to annulment in pursuance of a resolution of either House 
of Parliament." 
Provisions as to offences 
18. A person gui'ty of an offence under this Act for which 
·,no other penalty is specified shall be liable-
(a) on summary conviction, to a fine not exceeding four 
hundred pounds; and 
(b) on conviction on indictment, to a fine or imprisonment 
for a term not exceeding two years or both. 
Time limit for 19.-0) No prosecution for an offence under this Act shall 
prosecutions. be COlnn1enced after the expiration of three years from the com­
mission of the offence or one year fron1 its discovery by the 
prosecutor, whichever is the earlier. 
1952 c. 55. (2) Notwithstanding anything in section 104 of the Magis-
trates' Courts Act 1952, a magistrates' court may try an informa­
tion for an offence under this Act if the information was laid 
at any time within twelve months from the commission of the 
offence. 
1954 c. 43. (3) Notwithstanding anything in section 23 of the Summary 
Jurisdiction (Scotland) Act 1954 (limitation of time for proceed­
ings in statutory offences) summary proceedings in Scotland for 
an offence under this section may be commenced at any time 
within twelve months from the time when the offence was com­
mitted, and subsection (2) of the said section 23 shall apply for 
the purposes of this subsection as it applies for the purposes of 
that section. 
(4) Subsections (2) and (3) of this section do not apply where­
(a) the offence was committed by the making of an oral 
staten1ent; or IP/N/lIGBRlG/l 
Page 14 
Trade Descriptions Act 1968 CH. 29 
(b) the offence was one of supplying goods to which a false 
trade description is applied, and the trade description 
was applied by an oral statement; or 
(c) the offence was one where a false trade description is 
deemed to have been applied to goods by virtue of 
section 4(3) of this Act and the goods were supplied 
in pursuance of an oral request. 
20.-(1) \Vhere an offence under this Act which has been Offences by 
committed by a body corporate is proved to have been COID-corporations. 
mitted with the consent and connivance of. or to be attributable 
to any neglect on the part of, any director, manager, secretary 
or other similar officer of the body corporate, or any person 
who was purporting to act in any such capacity, he as well as 
the body corporate shall be guilty of that offence and shall be 
liable to be proceeded against and punished accordingly. 
(2) In this section "director ", in relation to any body 
corporate established by or under any enactment for the purpose 
of carrying on under national ownership any industry or part 
of an industry or undertaking, being a body corporate whose 
affairs are managed, by the members thereof, means a member 
of that body corporate. 
21.-(1) Any person who, in the United Kingdom, assists in Accessories 
or induces the commission in any other country of an act in to off~nces 
respect of goods which. if the act were committed in the Unit~d ~~tted 
Kingdom, would be an offence under section 1 of this Act a roa • 
shall be gUilty of an offence, except as provided by subsection (2) 
of this section. but only if either-
(a) the false trade description concerned is an indication (or 
anything likely to be taken as an indication) that the 
goods or any part thereof were manufactured, pro­
duced, processed or reconditioned in the United 
Kingdom; or 
(b) the false trade description concemed-
(i) consists of or comprises an expression (or 
anything likely to be taken as an expression) to 
which a meaning is assigned by an order made by 
virtue of section 7 (b) of this Act, and 
(iD where that meaning is so assigned only in 
circun1stances specified in the order, the trade descrip­
tion is used in those circumstances. 
(2) A person shaH not be guilty of an offence under sub­
section (1) of this section if, by virtue of section 32 of this Act, 
the act, though committed in the United Kingdom, would not 
be an offence under section 1 of this Act bad the goods been 
intended for despatch to the other country. CH. 29 IP/N/l/GBRlGIl 
Page 15 
Trade Descriptions Act 1968 
(3) Any person who, in the United Kingdom, assists in or 
induces the commission outside the United Kingdom of an act 
which, if committed in the United Kingdom, \vould be an 
offence under section 12 of this Act shall be gUilty of an offence. 
Restrictions 22.-(1) \Vhere any act or omission constitutes both an 
on institution offence under this Act and an offence under any provision 
of proceedings contained in or having effect by virtue of Part IV of the Weights 
:~~issioD and Measures Act 1963 or Part IV of the Weights and Measures 
of evidence. Act (N orthem Ireland) 1967-
1963 c. 31. (a) proceedings for the offence shall not be instituted under 
1967 c. 6 this Act, except by virtue of section 23 thereof, without 
(N.I.). the service of such a notice as is required by sub­
section (2) of section 51 of the said Act of 1963 or, 
as the case may be, subsection (2) of section 33 of 
the said Act of 1967, nor after the expiration of the 
period mentioned in paragraph (c) of that subsection; 
and 
(b) subsections (2), (3) and (5) to (7) of section 26 of the 
said Act of 1963 or, as the case may be, of section 20 
of the said Act of 1967, shall, \vith the necessary 
modifications, apply as if the offence under this Act 
were an offence under Part IV of that Act or any 
instrument made thereunder. 
(2) Where any act or omission constitutes both an offence 
under this Act and an offence under the food and drugs laws, 
evidence on behalf of the prosecution concerning any sample 
procured for analysis shall not be admissible in proceedings 
for the offence under this Act unless the relevant provisions of 
those laws have been complied with. 
In this subsection "the food and drugs la\vs" means the 
1955 c. 16 Food and Drugs Act 1955, the Food and Drugs (Scotland) Act 
(4 & 5 Eliz. 2). 1956, the Food and Drugs Act (Northern Ireland) 1958 and any 
1956 c. 30. instrument made thereunder and "the relevant provisions" 
1958 c. 27 means-
(N.!.). (a) in relation to the said Act of 1955, sections 93 and 97 
and Part I of Schedule 7 ; 
(b) in relation to the said Act of 1956; sections 30 and 33 ; 
and 
(c) in relation to the said Act of 1958, sections 35 and 38 ; 
or any provision replacing any of the said provisions by virtue 
of section 123 of the said Act of 1955, section 56 of the said Act 
of 1956, or section 68 of the said Act of 1958. 
(3) The Board of Trade may by order provide that in pro­
ceedings for an offence under this Act in relation to such goods 
as may be specified in the order (other than proceedings for an IP/N/1/GBRlG/l 
Page 16 
Trade Descriptions Act 1968 CH. 29 
offence falling within the preceding provisions of this section) 
evidence on behalf of the prosecution concerning any sample 
procured for analysis shall not be admissible unless the sample 
has been dealt \vitb in such manner as may be specified in the 
order. 
23. Where the conlmission by any person of an offence under Offences due 
this Act is due to the act or default of some other person that to fault of 
other person shall be guilty of the offence, and a person may be other person. 
charged with and convicted of the offence by virtue of this 
section whether or not proceedings are taken against the first-
mentioned person. 
Defences 
24.-(1) In any proceedings for an offence under this Act Defence of 
it shall, subject to subsection (2) of this section, be a defence mis~ke, 
for the person charged to prove- aCCIdent, etc. 
(a) that the commission of the offence \vas due to a 
mistake or to reliance on information supplied to him 
or to the act or default of another person, an accident 
or some other cause beyond his control; and 
(b) that he took all reasonable precautions and exercised all 
due diligenc~ to avoid the commission of such an 
offence by himself or any person under his control. 
(2) If in any case the defence provided by the last fore­
going subsection involves the allegation that the commission of 
the offence \vas due to the act or default of another person or 
to reliance on information supplied by another person, the person 
charged shall not, without leave of the court, be entitled to rely 
on that defence unless, within a period ending seven clear days 
before the hearing, he has served on the prosecutor a notice 
in \vriting giving such information identifying or assisting in 
the identification of that other person as was then in his 
possession. 
(3) In any proceedings for an offence under this Act of 
supplying or offering to supply goods to which a false trade 
description is applied it shall be a defence for the person charged 
to prove that he did not know, and could not with reasonable 
diligence have ascertained, that the goods did not conform to 
the description or that the description had been applied to the 
goods. 
25. In proceedings for an offence under this Act committed Inno~en~ 
by the publication of an advertisement it shall be a defence for publIc~tlOn of 
the person charged to prove that he is a person whose business advertIsement. 
it is to publish or arrange for the publication of advertisements 
and that he received the advertisement for publication in the 
ordinary course of business and did not know and had no reason 
to suspect that its publication would amount to an offence under 
this Act. Enforcing 
authorities. 
1963 c. 31. 
1933 c. 51. 
1947 c. 43. 
Power to 
make test 
purchases. CH. 29 IP 1Nl lIGBRlGI 1 
Page 17 
Trade Descriptions Act 1968 
Enforcenlent 
26.-(1) It shall be the duty of every local weights and 
measures authority to enforce within their area the provisions 
of this Act and of any order made under this L-\ct; and section 
37 of the \Veights and Measures Act 1963 (power of local 
authorities to combine) shall apply with respect to the functions 
of such authorities under this Act as it applies with respect to 
their functions under that Act. 
(2) Every local \veights and measures authority shall, when­
ever the Board of Trade so direct, make to the Board a report 
on the exercise of their functions under this Act in such form 
and containing such particulars as the Board Ina y direct. 
(3) Where a complaint is made to the Board of Trade that 
all or any of the functions conferred by this Act on a local 
weights and measures authority are not being properly dis­
charged in any area, or the Board are of opinion that an 
investigation should be made as to whether those functions are 
being properly discharged in any area, the Board may cause a 
local inquiry to be held, and-
(a) in relation to such an inquiry in England or \Vales, 
subsections (2) to (5) of section 290 of the Local 
Government Act 1933 (evidence and costs at local 
inquiries), but subsection (4) (costs of department) only 
in a case where the Board so direct, shall apply as if 
the inquiry were held in pursuance of subsection (1) 
of that section; 
(b) in relation to such an inquiry held in Scotland, sub­
sections (2) to (9) of section 355 of the Local Govern­
ment (Scotland) Act 1947 (provisions as to local 
inquiries) shall apply as if the inquiry were held in 
pursuance of subsection (1) of that section. 
(4) The person appointed to hold an inquiry under the pre­
ceding subsection shall report the results thereof in writing to 
the Board of Trade. who shall publish the report together with 
such observations, if any, as they think fit to make thereon. 
(5) Nothing in this section shall be taken as authorising a local 
weights and measures authority in Scotland to institute proceed­
ings for an offence. 
27. A local weights and measures authority shall have power 
to make, or to authorise any of their officers ito make on their 
behalf, such purchases of goods, and to authorise any of their 
officers to secure the provision of such services, accommodation 
or facilities, as may appear expedient for the purpose of deter­
mining whether or not the provisions of this Act and any order 
made thereunder are being complied with. IP/NIlIGBRlGI 1 
Page 18 
Trade Descriptions Act 1968 CH. 29 
28.-(1) A duly authorised officer of a local weights and Power to enter 
measures authority or of a Government department may, at all premises and 
reasonable hours and on production, if required. of his ID~pect a~d 
credentials. exercise tbe foIlo\ving powers. that is to say,- ~~~e goo s 
(a) he may, for the purpose of ascertaining whether any documents. 
offence under this Act has been committed, inspect 
any goods and enter any premises other than premises 
used only as a dwelling; 
(b) if he has re~sonable cause to suspect that an offence 
under this Act has been committed, he may, for the 
purpose of ascertaining whether it has been committed. 
require any person carrying on a trade or business 
or employed in connection with a trade or business 
to produce any books or documents relating to the 
trade or business and may take copies of, or of any 
entry in, any such book or docun1ent; 
(c) if he has reasonable cause to believe that an offence 
under this Act has been committed, he may seize and 
detain any goods for the purpose of ascertaining, by 
testing or otherwise, whether the offence has been 
committed.~ 
(cl) he may seize and detain any goods or documents which 
he has reason to believe may be required as evidence 
in proceedings for an offence under this Act; 
(e) he may, for the purpose of exercising his powers under 
this subsection to seize goods, but only if and to the 
extent that it is reasonably necessary in order to secure 
that the provisions of this Act and of any order made 
thereunder are duly obsenTed, require any person 
having authority to do so to break open any container 
or open any vending machine and, if that person does 
not comply \vith the requiren1ent. he may do so himself. 
(2) An officer seizing any goods or documents in the exercise 
of his powers under this section shall inform the person from 
whom they are seized and, in the case of goods seized from 
a vending machine, the person whose name and address are 
stated on the machine as being the proprietor's or, if no name 
and address are so stated, the occupier of the premises on 
which the machine stands or to which it is affixed. 
(3) If a justice of the peace, on sworn information in writing­
(a) is satisfied that there is reasonable ground to believe 
either-
(i) that any goods, books or documents which a 
duly authorised officer has power under this section 
to inspect are on any premises and that their inspec­
tion is likely to disclose evidence of the commission 
of an offence under this Act; or CH. 29 IP/N/lIGBRlGIl 
Page 19 
Trade Descriptions Act 1968 
(ii) that any offence under this Act has been, is 
being or is about to be committed on any pre­
mises; and 
(b) is also satisfied either-
(i) that admission to the premises has been or is 
likely to be refused and that notice of intention to 
apply for a warrant under this subsection has been 
given to the occupier; or 
(ii) that an application for admission, or the giving 
of such a notice, would defeat the object of the 
entry or that the premises are unoccupied qr that the 
occupier is temporarily absent and it might defeat 
the object of the entry to await his return, 
the justice may by warrant under his hand, which shall con­
tinue in force for a period of one month, authorise an officer 
of a local weights and measures authority or of a Government 
department to enter the premises, if need be by force. 
In the application of this subsection to Scotland, " justice of 
the peace" shall be construed as including a sheriff and a 
magistra te. 
'(4) An officer entering any premises by virtue of this section 
may take with him such other. persons and such equipment as 
may appear to him necessary; and on leaving any premises 
,vhich he has entered by virtue of a warrant under the preceding 
subsection he shall, if the premises are unoccupied or the 
occupier is temporarily absent, leave them as effectively secured 
against trespassers as he found them. 
(5) If any person discloses to any person-
(a) any information with respect to any manufacturing 
process or trade secret obtained by him in premises 
which he has entered by virtue of this section; or 
(b) any information obtained by him in pursuance of this 
Act; 
he shall be guilty of an offence unless the disclosure was made 
in or for the purpose of the performance by him or any other 
person of functions under this Act. 
(6) If any person who is not a duly authorised officer of a 
local weights and measures authority or of a Government depart­
ment purports to act as such under this section he shall be guilty 
of an offence. 
(7) Nothing in this section shall be taken to compel the pro­
duction by a solicitor of a document containing a privileged 
communication made by or to him in that capacity or to 
authorise the taking of possession of any such document which 
is in his possession. IP/N/lIGBRlGIl 
Page 20 
Trade Descriptions Act 1968 CH. 29 
29.-(1) Any person who- Obstruction of 
(a) wilfully obstructs an officer of a local weights and authorised 
measures authority or of a Government department officers. 
acting in pursuance of this Act; or 
(b) wilfully fails to comply with any requirement properly 
made to hinl by such an officer under section 28 of this 
Act; or 
(c) without reasonable cause fails to give such an officer 
so acting any other assistance 0; information which 
be may reasonably require of hiln for the purpose of 
the performance of his functions under this Act, 
shall be guilty of an offence and liable, on surnnlary conviction, 
to a fine not exceeding fifty pounds. 
(2) If any person, in giving any such information as is 
mentioned in the preceding subsection, makes any statement 
\vhich he knows to be false, be shall be guilty of an offence. 
(3) Nothing in this section shall be construed as requiring a 
person to answer any question or give any information if to 
do so might incrinlinate him. 
30.-(1) \Vhere any goods seized or purchased by an officer Notice of test 
in pursuance of this Act are submitted to a test, then- and intez:ded 
(a) if the goods were seized, the officer shall inform the prosecutlOn. 
person mentioned in section 28(2) of this Act of the 
result of the test; 
(b) if the goods were purchased and the test leads to the 
institution of proceedings for an offence under this 
Act. the officer shall inform the person from whom the 
goods were purchased, or. in the case of goods sold 
through a vending machine, the person mentioned in 
section 28(2) of this Act. of the result of the test; 
and shall, where as a result of the test proceedings for an offence 
under this Act are instituted against any person, allow hin1 
to have the goods tested on his behalf if it is reasonably 
practicable to do so. 
(2) No proceedings for an offence under this Act, other than 
an offence under section 28 (5) or 29, shall be instituted by a 
local weights and measures authority unless they have given to 
the Board of Trade notice of the intended proceedings and either 
a period of t\venty-eight days has elapsed since the giving of 
the notice or the Board of Trade have before the end of that 
period issued a certificate under this section. 
(3) A notice under subsection (2) of this section must be 
accompanied by a summary of the facts on which the charges 
are to be founded. 
(4) A certificate of the Board of Trade that a notice under 
subsection (2) of this section was given on a date specified in 
the certificate and was accompanied by the summary required CH. 29 IP/NflIGBRlGI 1 
Page 21 
Trade Descriptions Act 1968 
under subsection (3) of this section shall be conclusive evidence 
that the notice was given on that date and was accompanied by 
such a summary; and any document purporting to be such 
a certificate and to be signed on behalf of the Board shall be 
deemed such a certificate, unless the contrary is shown. 
Evidence by 31.-0) The Board of Trade may by regulations provide 
certificate. that certificates issued by such persons as n1ay be specified 
by the regulations in relation to such matters as may be so 
specified shall, subject to the provisions of this section,. be 
received in evidence of those matters in any proceedings under 
this Act. 
Power to 
exempt goods 
sold for 
export, etc. 
1963 c. 31. 
1967 c. 6 (N.!.). 
1952 c. 44. 
1952 c. 67. 
1967 c. 6 (N. I.). (2) Such a certificate shall not be received in evidence­
(a) unless the party against whom it is to be given in 
evidence has been served with a copy thereof not 
less than seven days before the hearing; or 
(b) if that party has, not less than three days before the 
hearing, served on the other party a notice requiring 
the attendance of the person issuing the certificate. 
(3) In any proceedings under this Act in Scotland, a certificate 
received in evidence by virtue of this section or, where the atten­
dance of a person issuing a certificate is required under sub· 
section (2) (b) of this section, the evidence of that person, shall be 
sufficient evidence of the matters stated in the certificate. 
(4) For the purposes of this section any document purporting 
to be such a certificate as is mentioned in this section shall be 
deemed to be such a certificate unless the contrary is shown. 
(5) Regulations under this section shall be made by statutory 
instrument which shall be subject to annulment in pursuance 
of a resolution of either House of Parliament. 
Miscellaneous and supplenzental 
32. In relation to goods which are intended-
(a) for despatch to a destination outside the United 
Kingdom and any designated country within the mean­
ing of section 21(5)(b) of the \Veights and Measures 
Act 1963 or section 15 (5) (b) of the \Veights and 
Measures Act (Northern Ireland) 1967 ; or 
(b) for use as stores within the meaning of the Customs 
and Excise Act 1952 in a ship or aircraft on a voyage 
or flight to an eventual destination outside the United 
Kingdom; or 
(c) for use by Her Majesty's forces or by a visiting force 
within the meaning of any of the provisions of Part I 
of the Visiting Forces Act 1952 ; or 
(d) for industrial or constructional use within the meaning 
of the \Veights and Measures Act 1963 or the \Veights 
and Measures Act (Northern Ireland) 1967 ; IP/N/lIGBRlG/l 
Page 22 
Trade Descriptions Act 1968 CH. 29 
section 1 of this Act shall apply as if there were omitted from 
the nlatters included in section 2(1) of this Act those specified in 
paragra ph (a) thereof; and, if the Board of Trade by order 
specify any other of those matters for the purposes of this 
section with respect to any description of goods, the said section 
1 shall apply, in relation to goods of that description which are 
intended for despatch to a destination outside the United 
Kingdom and such country (if any) as may be specified in 
the order, as if the n1atters so specified were also omitted from 
those included in the said section 2(1). 
33.-( 1) Where, in the exercise of his powers under section 28 Comp~nsation 
of this Act an officer of a local weiahts and measures authority for loss, ~tc. of , ? goods seIzed or of a Governnlent department seIZes and detaIns any goods under s. 28. 
and their owner suffers loss by reason thereof or by reason that 
the goods, during the detention, are lost or damaged or 
deteriora te, then, unless the owner is convicted of an offence 
under this Act committed in relation to the goods, the authority 
or departn1ent shall be liable to compensate him for the loss so 
suffered. 
(2) Any disputed question as to the right to or the amount of 
any compensation payable under this section shall be determined 
by arbitration and, ,in Scotland, by a single arbiter appointed, 
failing agreement between the parties, by the sheriff. 
34. The fact that a trade description is a trade mark, or part Trade marks 
of a trade mark, \vithin the meaning of the Trade Marks Act containing 
1938 does not prevent it from being a false trade description tdrade. t. 
h 1· d d h'-h f 11· d· . escnp IOns. W en app le to ar:y goo s, except were t e 0 OWIng con ltIons 1938 22 
are satIsfied, that IS to say- c. . 
(a) that it could have been lawfully applied to the goods 
if this Act had not been passed; and 
(b) that on the day this Act is passed the trade mark either 
is registered under the Trade Marks Act 1938 or is 
in use to indicate a connection in the course of trade 
bet\veen such goods and the proprietor of the trade 
mark; and 
(c) that the trade mark as applied is used to indicate such 
a connection between the goods and the proprietor of 
the trade mark or a person registered under section 28 
of the Trade Marks Act 1938 as a registered· user of 
the trade mark; and 
(d) that the person who is the proprietor of the trade mark 
is the same person as, or a successor in title of, the 
proprietor on the day this Act is passed. 
35. A contract for the supply of any goods shall not be void Saving for 
or unenforceable by reason only of a contravention of any civil rights. 
provision of this Act. Country of 
origin. 
Market 
research 
experiments. 
Orders. IP/NfllGBRlG/l 
Page 23 
CH. 29 Trade Descriptions Act 1968 
36.-(1) For the purposes of this Act goods shall be deemed 
to have been manufactured. or produced in the country in which 
they last underwent a treatment or process resulting in a sub­
stantial change. 
(2) The Board of Trade may by order specify-
(a) in relation to any description of goods, what treatment 
or process is to be regarded for the purposes of this 
section as resulting or not resulting in a substantial 
change; 
(b) in relation to any description of goods different parts of 
which were manufactured or produced in different 
countries, or of goods assembled in a country different 
from that in which their parts were manufactured or 
produced, in which of those countries the goods are 
to be regarded for the purposes of this Act as 
having been manufactured or produced. 
37.-(1) In this section" market research experiment" means 
any activities conducted for the purpose of ascertaining the 
opinion of persons (in this section referred to as " participants ") 
of-
(a) any goods ; or 
(b) anything in, on or with which the goods are supplied; or 
(c) the appearance or any other characteristic of the goods 
or of any such thing; or 
(cl) the name or description under \vhich the goods are 
supplied. 
(2) This section applies to any market research experiment 
with respect to which the following conditions are satisfied, that 
is to say,-
(a) that any participant to whom any goods are supplied in 
the course of the experiment is informed, at or before 
the time at which they are supplied to hin1, that they 
are supplied for such a purpose as is mentioned in 
subsection (1) of this section, and 
(b) that no consideration in money or money's worth is 
given by a participant for the goods or any goods 
supplied to him for comparison. 
(3) Neither section 1 nor section 8 of this Act shall apply in 
relation to goods supplied or offered to b.e supplied, whether to 
a participant or any other person, in the course of a market 
research experiment to which this section applies. 
38.-(1) Any power to make an order under the preceding 
provisions of this Act shall be exercisable by statutory ins,tro­
ment, which shall be subject to annuln1ent in pursuance of a IP/NIlIGBRlGI 1 
Page 24 
Trade Descriptions Act 1968 CH. 29 
resolution of either House of Parliament, and includes power 
to vary or revoke such an order by a subsequent order. 
(2) Any order under the preceding provisions of this Act 
which relates to any agricultural, horticultural or fishery pro­
duce, whether processed or not, food, feeding stuffs or ingre-. 
dients of food or feeding stuffs, fertilisers or any goods used as 
pesticides or for similar purposes shall be made by the Board 
of Trade acting jointly with the following Ministers, that is to 
say, if the order exteBds to England and Wales, the Minister of 
Agriculture, Fisheries and Food, and if it extends to Scotland 
or Northern Ireland, the Secretary of State concerned. 
(3) The following provisions shall apply to the making of an 
order under section 7, 8, 9, 15 or 36 of this Act, except in the 
case mentioned in section 10(2) thereof, that is to say-
(a) before making the order the Board of Trade shall 
consul t with such organisations as appear to them to 
be representative of interests substantially affected by 
it and shall publish, in such manner as the Board think 
appropriate, notice of their intention to make the order 
and of the' place where copies of the proposed order 
may be obtained; and 
(b) the order shall not be made until the expiration of a 
period of twenty-eight days from the pUblication of 
the notice and may then be made with such modifica­
tions (if any) as the Board of Trade think appropriate 
having regard to any representations received by them. 
39.-{ 1) The following provisions shall have effect, in addition Interpretation. 
to sections 2 to 6 of this Act, for the interpretation in this Act 
of expressions used therein, that is to say,-
" advertisement" includes a catalogue, a circular and a 
price list; 
" goods" includes ships and aircraft, things attached to 
land and growing crops; 
" premi~es " includes any place and any stall, vehicle, ship 
or aircraft ; and 
" ship" includes any boat and any other description of 
vessel used in navigation. 
(2) For the purposes of this Act, a trade description or 
statement published in any newspaper, book or periodical or in 
any film or sound or television broadcast shall not be deemed 
to be a trade description applied or statement made in the course 
of a trade or business unless it is or fonus part of an advertise­
ment. Provisions as 
to Northern 
Creland. 
1952 c. 55. 
1964 c. 21 
(N.!.). 
1920 c. 67. CH. 29 IP/N-!lIGBRlGI 1 
Page 25 
Trade Descriptions Act 1968 
40.-(1) TIlis Act shall apply to Northern Ireland subject 
to the following modifications, that is to say-
(a) section 19(2) shall apply as if for the references to 
section 104 of the Magistrates' Courts Act 1952 and 
the trial and laying of an information there were 
substituted respectively references to section 34 of the 
Magistrates' Courts Act <Northern Ireland) 1964 and 
the hearing and determination and making of a 
complaint; 
(b) section 26 and subsections (2) to .(4) .of section 30 
shall not apply but it shall be the duty of the Ministry 
of Commerce for Northern Ireland to enforce the pro­
visions of this Act and of any order made under it 
(other than the provisions of section 42 of this Act) ; 
(c) sections 27 to 29 and 33 shall apply as if for references 
to a local \veights and measures authority and any 
officer of such an authority there were substituted 
respectively references to the said 11inistry and any 
of its officers. 
(2) In paragraph (13) of section 4(1) of the Government of 
Ireland Act 1920 (which excludes, among other things, 
merchandise marks from the matters with respect to which the 
Parliament of Northern Ireland has power to make laws) the 
words "merchandise marks" shall be omitted and shall be 
deemed never to have been included; but-the following provi­
sions of this section shall (in addition to any other limitation) 
apply with respect to the powers of that Parliament to make 
laws for purposes similar to those of this Act. 
(3) The Parliament of Northern Ireland shall not have power 
to make provision requiring any information as to the country 
of manufacture or production of any goods to be marked on or 
to accompany the goods or to be included in advertisements 
except-
(a) in the case of any agricultural, horticultural or fishery 
produce, whether processed or not, which for the pur­
poses of this Act is deemed to have been produced or 
manufactured in Northern Ireland; or 
(b) if the provision is made for the purpose of preventing 
or controlling the introduction into Northern Ireland, 
or the spreading within Northern Ireland, of diseases 
or pests affecting animals or plants. 
(4) If the Parliament of Northern Ireland enacts any law for 
purposes similar to those of section 7 or section 15 of this Act, 
any provision of or n1ade in pursuance of tba t law which would IP/NIl/GBRlGI 1 
Page 26 
Trade Descriptions Act 1968 CH. 29 
be inconsistent with any provision made (whether before or after 
the first-mentioned provision) under either of those sections shall 
be void so far as it would be so inconsistent. 
(5) The Board of Trade shall for each financial year pay 
into the Exchequer of Northern Ireland such sum as the Board 
and the 1\1inistry of Commerce for Northern Ireland may agree 
to be appropriate as representing the expenses incurred by that 
Ministry in enforcing so much of this Act as relates to matters 
with respect to which .the Parliament of Northern Ireland does 
not have power to n1ake laws. 
(6) Nothing in this Act shall authorise any department of the 
Government of Northern Ireland to incur any expenses attri­
butable to the provisions of this Act until provision has been 
made by the Parliament of Northern Ireland for those expenses 
to be defrayed out of moneys provided by that Parliament. 
(7) This Act, so far as it relates to matters with respect to 
which the Parliament of N orthem Ireland has power to make 
laws, shall be deemed for the purposes of section 6 of the 
Government of Ireland Act 1920 to have been passed before the 1920 c. 67. 
day appointed for the purposes of that section. 
41.-(1) The enactments mentioned in Schedule 1 to this Act Consequential 
shall have effect subject to the amendments specified in that amdendmen1ts 
S hed 1 an repea s . . cue. 
(2) The enactments mentioned in Schedule 2 to this Act are 
hereby repealed to the extent specified in the third column of 
that Schedule. 
42.-0) Until the end of the period of three years beginning Continuation~ 
with the commencement of this Act the repeals made by this for three 
Act shall not affect- years, o.f .. . Orders In 
(a) any Order In CounCIl made under sectIon 2 of the Council 
Merchandise 11arks Act 1926, or the prohibition on requiring 
the importation of any goods required by such an indic~t!on 
Order to bear an indication of origin at the time of of OrIgm. 
importation, or .... 1926 c. 53. 
(b) the powers conferred by section 9 of that Act on local 
authorities and their officers with respect to goods to 
which such an Order applies; 
and a person who contravenes the provisions of such an Order 
shall, subject to the provisions of this Act, be guilty of an 
offence and liable on summary conviction to a fine not exceeding 
five pounds, and in the case of a second or subsequent con­
viction to a fine not exceeding twenty pounds. 
(2) Nothing in this Act shall be taken to affect the meaning 
of the expression " indication of origin " in any such Order in 
Council. Short title and 
commence­
ment. CH. 29 IP/NIlIGBRlGI 1 
Page 27 
Trade Descriptions Act 1968 
(3) Her Majesty may by Order in Council vary or revoke any 
Order in Council made under the said section 2. 
(4) \Vhere any requirements with respect to any goods are for 
the time being imposed by an Order in Council made under the 
said section 2 and the Board of Trade are satisfied, on the 
representation of persons appearing to the Board to have a 
substantial interest in the matter, that the continued application 
of any of those requirements has caused or is likely to cause 
injury or hardship to such persons, or any of them, the Board 
may by statutory instrument direct that the Order, or any 
particular provisions of the Order, shall cease to apply to those 
goods or shall apply to such goods subject only to such modifica­
tions and conditions as the Board think fit; and where such a 
direction is in force the Order shall have effect subject to the 
direction. 
(5) Any direction under this section which relates to goods 
of any description mentioned in subsection (2) of section 38 
of this Act shall be given by the Board of Trade acting jointly 
as mentioned in that subsection. 
, (6) A direction under this section, if not given for a shorter 
period or withdrawn earlier, shall cease to be in force at which­
ever of the following dates is the earlier, that is to say, twelve 
months after the date on which it \vas given-or the date on 
which an Order in Council under this section varying the 
Order with respect to which the direction was given comes into 
force. 
(7) The Board of Trade shall publish any direction given 
under this section in such manner as they think appropriate. 
(8) A draft of any Order in Council to be made under this 
section shall be laid before Parliament. 
(9) The duty of local weights and measures authorities under 
section 26 of this Act to enforce the provisions of this Act shall 
not extend to the provisions of this section. 
43.-(1) This Act may be cited as the Trade Descriptions 
Act 1968. 
(2) This Act shall come into force on the expiration of the 
period of six months beginning \vith the day on which it is 
passed. IP/NIlIGBRlGI 1 
Page 28 
Trade Descriptions Act 1968 CH. 29 
SCHEDULES 
SCHEDULE 1 
CoNSEQUENTIAL AMENDMENTS Section 41(1). 
1. In section 1 of the Anglo-Portuguese Commercial Treaty Act 1914 c. 1 (5 & 6 
1914 for the words "the Merchandise Marks Act 1887" there shall Geo. 5). 
be substituted the words" the Trade Descriptions Act 1968 ". 1887 c. 28. 
2. In section 1(1) of the Anglo-Portuguese Commercial Treaty Act 1916 c. 39. 
1916 for the words "the Merchandise Marks Act 1887" there shall 
be substituted the words" the Trade Descriptions Act 1968 ". 
3. In section 4(2) of the Agricultural Produce (Grading and 1928 c. 19. 
Marking) Act 1928. after the words "indication of origin" there 
shall be inserted the words "or an order under section 8 of the 
Trade Descriptions Act 1968 is in force imposing requirements for 
securing that such eggs are marked with or accompanied by such an 
indication ". 
4.--(1) In section 47(1) of the Road Traffic Act 1962 for the words 1962 c. 59. 
from "and the use" to the end of the subsection there shall be 
substituted the words "and any markings so designated shall be 
deemed for the purposes of the Trade Descriptions Act 1968 to be 
a trade description, whether or not the markings fall within the 
definition of that expression in section 2 of that Act ". 
(2) In subsection (2) of that section for the words from" offence " 
to " 1887" there shall be substituted the words "offence under the 
Trade Descriptions Act 1968 ". 
Chapter 
50 & 51 Viet. 
c.28. 
54 Vict. c. 15. 
57 & 58 Vict. 
c.19. 
3 Edw. 7. c. 31. 
9 Edw. 7. c. 21. 
1 & 2 Geo. 5. 
c.31. 
10 & 11 Geo. 5. 
c.67. SCHEDULE 2 
REPEALS 
Short Title Extent of Repeal 
The Merchandise Marks The whole Act. 
Act 1887. 
The Merchandise Marks The whole Act. 
Act 1891. 
The Merchandise Marks The whole Act. 
(prosecutions) Act 1894. 
The Board of Agriculture Section 1(8). 
and Fisheries Act 1903. 
The Irish Handloom The whole Act. 
\Veavers Act 1909. 
The Merchandise Marks The whole Act. 
Act 1911. 
The Government of Ireland 
Act 1920. In section 4, in paragraph 
(13), the words " merchan­
dise marks". 
16 & 17 Geo. 5. I The Merchandise Marks The whole Act. 
c. 53. , Act 1926. Sectlon 41(2). SCH.2 IP/N111GBRJG/l 
Page 29 
CH. 29 Trade Descriptions Act 1968 
Chapter Short Title Extent of Repeal 
1 & 2 Geo. 6. The Patents &c. (Inter-Section 10, and in section 12, 
c. 29. national Conventions) Act subsection (6). 
1938. 
1 & 2 Eliz. 2. The Merchandise Marks The whole Act. 
c. 48. Act 1953. 
10 & 11 Eliz. 2. The Road Traffic Act 1962. Section 47(3). 
c.59. 
1964 c. 14. The Plant Varieties and Section 31(2). 
Seeds Act 1964. 
1964 c. 28. The Agriculture and Horti-Section 22(2). 
culture Act 1964~ 
1965 c. 22 (N.I.). The Seeds Act (Northern Section 15(2). 
Ireland) 1965.