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TRADING REPRESENTATIONS (DISABLED PERSONS) ACT (NORTHERN IRELAND) 1958

TRADING REPRESENTATIONS (DISABLED PERSONS) ACT (NORTHERN IRELAND) 1958
- LONG TITLE

An Act to control the making of representations by traders with
respect to the employment or assistance of blind or other disabled
persons in connection with the production, preparation, packing or
sale of goods, and for purposes connected therewith.
[9th December 1958]
Sellers of goods advertised as made by, or sold for benefit of,
blind or otherwise disabled persons to be registered.

TRADING REPRESENTATIONS (DISABLED PERSONS) ACT (NORTHERN IRELAND) 1958
- SECT 1

1.(1) It shall not be lawful, in selling or soliciting orders for
goods of any description in the course of a business carried on by
any person, for any representation that, or implying that, blind or
otherwise disabled persons, or any description of such persons

(a)are employed in the production, preparation or packing of the
goods; or

(b)benefit (otherwise than as users of the goods) from the sale of
the goods or the carrying on of the business;

(2) Sub-section (1) shall not apply where the business is being
carried on

(a)by a local authority; or

(b)by any fund, institution, association or undertaking which is
registered or exempted from registration under the House to House
Charitable Collections Act (Northern Ireland), 1952; or

(c)by a company, association or body providing facilities under
section fifteen of the Disabled Persons (Employment) Act (Northern
Ireland), 1945, in pursuance of arrangements under sub-section (2) of
that section; or

(d)by any body of persons exempted by the Ministry of Labour and
National Insurance (hereinafter referred to as "the Ministry") from
the operation of sub-section (1) of this section, being a body
appearing to the Ministry to be carrying on business without profit
to its members;

(3) In this section "house" includes a place of business, and
"local authority" means the council of a county borough or other
borough or urban or rural district.

Subs.(4) rep. by SLR 1973

TRADING REPRESENTATIONS (DISABLED PERSONS) ACT (NORTHERN IRELAND) 1958
- SECT 2
Registration for purposes of Act.

2.(1) Registration under this Act shall be effected by the Ministry
on applications made to it and in accordance with the following
provisions of this section.

(2) The Ministry shall not register a person under this Act unless
the Ministry is satisfied, in relation to goods of the description
as respects which registration is applied for

(a)that the extent and nature of the employment for substantially
disabled persons, or any description of such persons, to be provided
by the applicant for registration in connection with the production,
preparation, packing or sale of the goods, or as the case may be
the benefit to such persons, or any description of such persons, to
be provided by the sale of the goods or the carrying on of the
business, is such that such representations as are mentioned in
sub-section (1) of section one can reasonably and properly be made
in relation to the goods; and

(b)that the relevant representations which it is proposed to make
will fairly convey the extent and nature of the said employment or
benefit;

(3) Registration under this Act may be granted either for a
specified period or indefinitely.

(4) The Minister may impose requirements on persons registered under
this Act for securing the matters specified in paragraph (a) or
paragraph (b) of sub-section (2).

(5) If at any time while a person is registered under this Act in
respect of goods of any description the Minister is not satisfied
of the matters specified in paragraph (a) of sub-section (2), or is
satisfied that relevant representations are made which do not fairly
represent the extent and nature of the employment or benefit
provided as aforesaid, the Minister shall cancel the registration;
and if any requirement imposed under sub-section (4) on a person
registered under this Act is not complied with, the Minister may
cancel the registration.

(6) On an application for registration under this Act the applicant
shall furnish such information as the Ministry may require with
respect to

(a)the number of persons to be employed by the applicant in
connection with the production, preparation, packing and sale of
goods of the description to which the application relates, the
capacities in which or the operations in which they are to be so
employed, and the proportion of the whole, or of those to be
employed in particular capacities or operations, which consists of
persons who are substantially disabled or of any description of such
persons;

(b)the terms of employment, and in particular the remuneration, of
persons to be employed as aforesaid who are substantially disabled
or of any description of such persons;

(c)the source from which the applicant will obtain the goods of the
description in question to be offered for sale by the applicant,
where they are not to be produced by the applicant, and the
persons by whom such goods will be prepared or packed where the
goods are not to be prepared, or as the case may be packed, by
the applicant;

(d)the nature of the representations with respect to employment of,
or benefit to, substantially disabled persons which it is proposed
to make in connection with the sale of the goods, and, where it
is proposed to make the representations in relation to a particular
description of such persons, the nature of that description of
persons;

(7) At any time while a person is registered under this Act the
Ministry may require him to furnish such information as may be
relevant to the exercise by the Minister of his powers of
cancelling registration; and if any person required to furnish such
information fails to do so without reasonable excuse the Minister
may cancel his registration.

(8) On the registration of any person under this Act the Ministry
shall send to him a certificate of registration, and if the
registration is for a period the certificate shall specify the date
of expiration of that period; and where the registration of a
person is refused, or any requirement is imposed on a person under
sub-section (4) (whether on registration or subsequently) or the
registration of any person is cancelled, the Ministry shall send
notice in writing of the refusal, requirement or cancellation to the
applicant for registration or, as the case may be, the person to
whom the registration relates.

Any certificate or notice under this sub-section may be sent by
post to the usual or last known address of the person to whom it
is to be sent.

(9) A certificate purporting to be signed by or on behalf of the
Minister that any person was or was not on any date specified in
the certificate, or during any period so specified, registered under
this Act in respect of goods of a description so specified shall
be evidence until the contrary is proved of the facts certified.

(10) In this section "relevant representation" means a representation
such as is mentioned in sub-section (1) of section one, being a
representation made or to be made in selling or soliciting orders
for the goods in question and in the course of visits from house
to house or by post.

TRADING REPRESENTATIONS (DISABLED PERSONS) ACT (NORTHERN IRELAND) 1958
- SECT 3
Appeals against refusal to register, requirements, and cancellations.

3.(1) An appeal shall lie to the county court at the instance of
a person (in this section referred to as an "appellant") aggrieved
by

(a)the refusal of registration;

(b)any requirement imposed under sub-section (4) of section two, or
by his being registered for a period, or the shortness of the
period for which he is registered;

(c)the cancellation of his registration;

(i)under paragraph (a), shall, if satisfied of the matters specified
in paragraphs (a) and (b) of sub-section (2) of section two, direct
the Ministry to register the appellant;

(ii)under paragraph (b), may vary or cancel the requirements, or, as
the case may require, give directions to the Ministry as to the
duration of the registration;

<(iii)under paragraph (c), shall, if satisfied that grounds did not exist for the cancellation, or where the cancellation was in respect of a breach of a requirement, or failure to furnish information, that the registration ought not to have been cancelled, annul the cancellation.

(2) The time within which an appeal under sub-section (1) may be
brought shall be twenty-one days from the sending, in pursuance of
sub-section (8) of section two, of the relevant notice or
certificate to the appellant.

(3) The cancellation of a registration under this Act shall not
have effect until the time for appealing has expired or, if an
appeal is brought, until either the appeal is abandoned or all
proceedings thereon or in consequence thereof are determined.

TRADING REPRESENTATIONS (DISABLED PERSONS) ACT (NORTHERN IRELAND) 1958
- SECT 4
Interpretation of references to disablement.

4.(1) The references in sub-section (1) of section one to blind or
otherwise disabled persons are references to persons under any
disability, whether physical or mental, attributable to illness,
injury, imperfect development or congenital deformity.

(2) The references in this Act to substantially disabled persons are
references to persons substantially handicapped, whether permanently or
not, by any such disability as aforesaid.

TRADING REPRESENTATIONS (DISABLED PERSONS) ACT (NORTHERN IRELAND) 1958
- SECT 5
Short title.

5. This Act may be cited as the Trading Representations (Disabled
Persons) Act (Northern Ireland), 1958.