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.

Annotations:
Amendments (Textual)
F2

SI 2000/2334

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.