 House of Commons |
Session 1997-98 Internet Publications Other Bills before Parliament Arrangement of Clauses (Contents) |
| Chamber of Commerce (Protection of Title) Bill
| |
 | |
| EXPLANATORY MEMORANDUM | |
| The purpose of this Bill is to control the use of the title "chamber of commerce" and related titles by making it an offence to use such a title and prohibiting the registrars of companies from registering a company with a name which includes such a title without the consent of the Secretary of State. The Bill also provides the Secretary of State with the power to order a business or company to cease using a name which includes such a title where it may give a misleading indication of the nature of the activities of that business or company | |
| Clause 1 provides that it is an offence for a person to carry on business in the United Kingdom under a name which includes a controlled title without the consent of the Secretary of State given in accordance with the further provisions of the Bill. | |
| Clause 2 prohibits the registration of a company in any part of the United Kingdom by a name which includes a controlled title without the consent of the Secretary of State. | |
| Clause 3 provides for the Secretary of State to approve the use of a controlled title where he is of the opinion that the business or company is genuinely representative of the business or other interests which that name indicates. Where the proposed name includes a reference to a place or area in the United Kingdom the Secretary of State must also be of the opinion that the business or company is representative of business or other interests in that area. Where the proposed name includes references to a place or area in the United Kingdom and a place or area outside the United Kingdom the Secretary of State must also be of the opinion that the business or company is promoting business or trade by others between those places or areasIn reaching his decision the Secretary of State is obliged to have regard to the essential characteristics of a chamber of commerce set out in Schedule 1 to the Bill and to consult the British Chambers of Commerce and Scottish Chambers of Commerce. | |
| Clause 4 provides the Secretary of State with the power to require a business or company to abandon the use of a name which includes a controlled title where he is of the opinion that that name gives a misleading indication of the nature of the activities of that business or company. Failure to comply with a direction from the Secretary of State is an offence. The clause provides a right of appeal against such an order. | |
| Clause 5 defines the expression "controlled title" for the purposes of the Bill, by reference to Schedule 2 to the Bill. The clause also provides the Secretary of State with the power to amend the list of controlled titles by order and any such order is to be subject to the negative resolution procedure. | |
| Clause 6 provides for offences under the Bill to be tried summarily and provides for fines including daily fines for continuing offences. | |
| Clause 7 defines the term "company". | |
| Clause 8 contains citation commencement and extent provisions. The clause provides for the Act to come into force two months after Royal Assent. The Bill extends to Northern Ireland. | |
| Schedule 1 sets out the essential characteristics of a chamber of commerce which the Secretary of State is required by section 3 to have regard to in determining whether to approve the use of a name which includes a controlled title. | |
| Schedule 2 contains a list of controlled titles in English and Welsh. | |
| |
| © Parliamentary copyright 1997 | Prepared 15 January 1998 |