Chamber of Commerce (Protection of Title) Bill

House of Commons

Session 1997-98
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Chamber of Commerce (Protection of Title) Bill

A
B I L L
TO
Control the use of the title "Chamber of Commerce" and related titles; and for connected purposes.
BE IT ENACTED by the Queen's 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 on use of controlled title.     1. - (1) A person shall not, without the written approval of the Secretary of State, carry on business in the United Kingdom under a name which includes a controlled title.

    (2) A person who contravenes subsection (1) is guilty of an offence.

Prohibition on registration of controlled title.     2. - (1) A company shall not be registered in any part of the United Kingdom by a name which includes a controlled title unless the Secretary of State is satisfied that all the requirements of this Act are complied with.

    (2) For the purposes of this section "registered" means registered in accordance with the Companies Act 1985 or the Companies (Northern Ireland) Order 1986.

Secretary of State's approval.     3. - (1) The Secretary of State shall not give his approval for a person to carry on a business under, or for a company to be registered by, a name which includes a controlled title unless he is of the opinion that the business or company concerned is or would be genuinely representative of the business or other interests which the proposed name indicates.

    (2) Without prejudice to the generality of subsection (1), where the proposed name includes a controlled title together with a reference to any place or area, the Secretary of State shall not give his approval for a person to carry on a business under, or for a company to be registered by, that name unless he is of the opinion that-

(a) in the case of a name which includes a reference to any place or area in the United Kingdom, the business or company is or would be genuinely representative of the business or other interests in that place or area; and

(b) in the case of a name which includes a reference to any place or area in the United Kingdom together with reference to any place or area outside the United Kingdom, the business or company is or would be genuinely promoting business or trade by others between those places or areas.

    (3) In reaching his decision, the Secretary of State shall-

(a) have regard to Schedule 1 to this Act; and

(b) consult the British Chambers of Commerce and, where the controlled title includes any reference or otherwise relates to Scotland, the Scottish Chambers of Commerce.

Power to order abandonment of title.     4. - (1) If the name of a business or company includes a controlled title and, in the opinion of the Secretary of State, gives so misleading an indication of the nature of its activities as to be likely to cause harm to the public, he may direct the person controlling that business or direct that company to change that name.

    (2) Any direction given under this section must be complied with within a period of 8 weeks or such longer period as the Secretary of State may allow from the date of the direction unless it is made the subject of an application to the court under subsection (3).

    (3) The recipient of a direction may, within a period of 3 weeks from the date of the direction, apply to the court to set it aside; and the court may set the direction aside or confirm it and, if it confirms it, shall specify a period within which it must be complied with.

    (4) A person who fails to comply with a direction under this section shall be guilty of an offence.

    (5) A change of name by a business or company under this section shall not affect the rights or obligations of that business or company or render defective any legal proceedings by or against it; and any legal proceedings that might have been continued or commenced against it by its former name may be continued or commenced against it by its new name.

    (6) In this section "court" means-

(a) in England and Wales, the High Court;

(b) in Scotland, the Court of Session;

(c) in Northern Ireland, the High Court.

Controlled titles.     5. - (1) For the purposes of this Act "controlled title" means any word or expression specified in Schedule 2 to this Act.

    (2) The Secretary of State may by order vary, supplement or replace the words or expressions specified in Schedule 2 to this Act.

    (3) Any order 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.

Penalties.     6. - (1) Offences under this Act are punishable on summary conviction.

    (2) A person guilty of an offence under this Act shall be liable to a fine not exceeding level 3 on the standard scale.

    (3) If, following summary conviction for an offence under this Act a person continues the original contravention, he shall be liable on a second or subsequent conviction to a fine not exceeding one-fiftieth of the statutory maximum for each day on which the contravention is continued.

    (4) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in such a capacity, he as well as the body corporate is guilty of an offence and liable to be proceeded against and punished accordingly.

Interpretation.     7. In this Act "company" means a company registered under the Companies Act 1985 or the Companies (Northern Ireland) Order 1986.

Citation, commencement and extent.     8. - (1) This Act may be cited as the Chamber of Commerce (Protection of Title) Act 1998.

    (2) This Act shall come into force at the end of the period of two months beginning with the day on which it is passed.

    (3) This Act extends to Northern Ireland.

© Parliamentary copyright 1997
Prepared 15 January 1998

Chamber of Commerce (Protection of Title) Bill

	A B I L L TO Control the use of the title "Chamber of Commerce" and related titles; and for connected purposes. BE IT ENACTED by the Queen's 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 on use of controlled title.	1. - (1) A person shall not, without the written approval of the Secretary of State, carry on business in the United Kingdom under a name which includes a controlled title.
	(2) A person who contravenes subsection (1) is guilty of an offence.
Prohibition on registration of controlled title.	2. - (1) A company shall not be registered in any part of the United Kingdom by a name which includes a controlled title unless the Secretary of State is satisfied that all the requirements of this Act are complied with.
	(2) For the purposes of this section "registered" means registered in accordance with the Companies Act 1985 or the Companies (Northern Ireland) Order 1986.
Secretary of State's approval.	3. - (1) The Secretary of State shall not give his approval for a person to carry on a business under, or for a company to be registered by, a name which includes a controlled title unless he is of the opinion that the business or company concerned is or would be genuinely representative of the business or other interests which the proposed name indicates.
	(2) Without prejudice to the generality of subsection (1), where the proposed name includes a controlled title together with a reference to any place or area, the Secretary of State shall not give his approval for a person to carry on a business under, or for a company to be registered by, that name unless he is of the opinion that-
	(a) in the case of a name which includes a reference to any place or area in the United Kingdom, the business or company is or would be genuinely representative of the business or other interests in that place or area; and
	(b) in the case of a name which includes a reference to any place or area in the United Kingdom together with reference to any place or area outside the United Kingdom, the business or company is or would be genuinely promoting business or trade by others between those places or areas.
	(3) In reaching his decision, the Secretary of State shall-
	(a) have regard to Schedule 1 to this Act; and
	(b) consult the British Chambers of Commerce and, where the controlled title includes any reference or otherwise relates to Scotland, the Scottish Chambers of Commerce.
Power to order abandonment of title.	4. - (1) If the name of a business or company includes a controlled title and, in the opinion of the Secretary of State, gives so misleading an indication of the nature of its activities as to be likely to cause harm to the public, he may direct the person controlling that business or direct that company to change that name.
	(2) Any direction given under this section must be complied with within a period of 8 weeks or such longer period as the Secretary of State may allow from the date of the direction unless it is made the subject of an application to the court under subsection (3).
	(3) The recipient of a direction may, within a period of 3 weeks from the date of the direction, apply to the court to set it aside; and the court may set the direction aside or confirm it and, if it confirms it, shall specify a period within which it must be complied with.
	(4) A person who fails to comply with a direction under this section shall be guilty of an offence.
	(5) A change of name by a business or company under this section shall not affect the rights or obligations of that business or company or render defective any legal proceedings by or against it; and any legal proceedings that might have been continued or commenced against it by its former name may be continued or commenced against it by its new name.
	(6) In this section "court" means-
	(a) in England and Wales, the High Court;
	(b) in Scotland, the Court of Session;
	(c) in Northern Ireland, the High Court.
Controlled titles.	5. - (1) For the purposes of this Act "controlled title" means any word or expression specified in Schedule 2 to this Act.
	(2) The Secretary of State may by order vary, supplement or replace the words or expressions specified in Schedule 2 to this Act.
	(3) Any order 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.
Penalties.	6. - (1) Offences under this Act are punishable on summary conviction.
	(2) A person guilty of an offence under this Act shall be liable to a fine not exceeding level 3 on the standard scale.
	(3) If, following summary conviction for an offence under this Act a person continues the original contravention, he shall be liable on a second or subsequent conviction to a fine not exceeding one-fiftieth of the statutory maximum for each day on which the contravention is continued.
	(4) Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in such a capacity, he as well as the body corporate is guilty of an offence and liable to be proceeded against and punished accordingly.
Interpretation.	7. In this Act "company" means a company registered under the Companies Act 1985 or the Companies (Northern Ireland) Order 1986.
Citation, commencement and extent.	8. - (1) This Act may be cited as the Chamber of Commerce (Protection of Title) Act 1998.
	(2) This Act shall come into force at the end of the period of two months beginning with the day on which it is passed.
	(3) This Act extends to Northern Ireland.