1976 No. 57 (N.I. 1)
Unsolicited Goods and Services (Northern Ireland) Order 1976
Title and commencement1
1
This Order may be cited as the Unsolicited Goods and Services (Northern Ireland) Order 1976.
Para.(2)(3)—Commencement
Interpretation2
1
The Interpretation Act (Northern Ireland) 1954 [1954 c.33] shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
2
In this Order—
-
“acquire” includes hire;
-
“the Department” means the Department of Commerce;
-
“send” includes deliver;
-
“unsolicited” means, in relation to goods sent to any person, that they are sent without any prior request made by him or on his behalf.
3
For the purposes of this Order any invoice or similar document stating the amount of any payment and not complying with F1the conditions set out in paragraph 4 of the Schedule to the Unsolicited Services (Trade and Business Directories) Act (Northern Ireland) 2010 shall be regarded as asserting a right to the payment.
Art. 3 rep. by SI 2000/2334
Demands and threats regarding payment4
1
A person who, not having reasonable cause to believe that there is a right to payment, in the course of any trade or business makes a demand for payment, or asserts a present or prospective right to payment, for what he knows are unsolicited goods sent (after the coming into operation of this Article) to another person with a view to his acquiring themF2 for the purposes of his trade or business, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceedingF3 level 4 on the standard scale.
2
A person who, not having reasonable cause to believe that there is a right to payment, in the course of any trade or business and with a view to obtaining any payment for what he knows are unsolicited goods sent as aforesaid—
a
threatens to bring any legal proceedings; or
b
places or causes to be placed the name of any person on a list of defaulters or debtors or threatens to do so; or
c
invokes or causes to be invoked any other collection procedure or threatens to do so,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceedingF3 level 5 on the standard scale.
Directory entries5
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Contents and form of notes of agreement, invoices and similar documents6
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Unsolicited publications7
1
A person shall be guilty of an offence if—
a
he sends or causes to be sent to another person any book, magazine or leaflet which describes or illustrates human sexual techniques or any advertising material for any such publication; and
b
he knows or ought reasonably to know that such publication or material is unsolicited.
2
A person found guilty of an offence under this Article shall be liable on summary conviction to a fine not exceeding £100 for a first offence and to a fine not exceedingF6 level 5 on the standard scale for any subsequent offence.
3
A prosecution for an offence under this Article shall not be instituted except by, or with the consent of, the Director of Public Prosecutions for Northern Ireland.