Occasional Sales Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Occasional Sales Bill

Occasional Sales Bill
Part 1 — Preliminary
1

A
Bill
To
Make provision about occasional sales.
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:—
Part 1
Preliminary
1
Interpretation
(1)
In this Act, except where the context otherwise requires—
“authorised officer” means an officer of the enforcement authority;
5
“enforcement authority” shall be interpreted in accordance with section 2
below;
“occasional sale” means an event at which goods are exposed for supply
or offered to the public by one or more suppliers acting in the course of
a trade or business, but does not include—
10
(a)
a market the right to hold which was acquired by virtue of a
grant (including a presumed grant) or acquired or established
by statute;
(b)
an event held wholly or mainly for the sale by auction of
livestock or farm machinery, equipment or plant, or the
15
contents of one or more buildings or other items associated with
the building or buildings;
(c)
an event held wholly or mainly for the sale of books;
(d)
an event promoted or conducted by a body registered as a
charity under section 3 of the Charities Act 1993 (c. 10) or
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excepted from registration by virtue of subsection (5) of that
section;
(e)
an event which consists of a concourse of, and only of, persons
selling goods in the course of a trade or business and
comprising not fewer than five stalls, stands, vehicles or pitches
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Bill 27 54/1

Occasional Sales Bill
Part 2 — Occasional Sales
2

from which the goods are sold and which is held by a person
who has held such an event in the same location—
(i)
on the same day or days of the week; or
(ii)
on the same day or days of the month; or
in at least 7 out of the 10 weeks or, as the case may be, months preceding
5
the date of the event in question;
“record” includes a computer record and references in this Act to the
production of a record means, in the case of a computer record, the
production of a record in printed form;
“registered number” in respect of a vehicle means the number indicated
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by the registration mark (within the meaning of section 23 of the
Vehicle Excise and Registration Act 1994 (c. 22)) assigned to the vehicle
under that section by the Secretary of State.
(2)
For the purposes of this Act a person who holds an occasional sale includes any
person who—
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(a)
charges admission to the premises used for the sale;
(b)
receives or is entitled to receive, as a person promoting the sale or as the
agent, licensee or assignee of such a person, payment in respect of
goods sold to persons attending the sale or for the granting of rights to
other persons to sell goods to persons attending the sale; or
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(c)
receives or is entitled to receive payment for any space or pitch hired or
let on the site of the sale to persons wishing to trade at the sale.
2
Enforcement
It shall be the duty of every weights and measures authority in England and
Wales to enforce within their area the provisions of this Act.
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Part 2
Occasional Sales
3
Notice of occasional sales
(1)
Any person who intends—
(a)
to hold an occasional sale, or
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(b)
to permit an occasional sale to be held on premises of which he is the
occupier,

shall, not less than 21 days before the holding of the intended occasional sale,
give to the enforcement authority notice of his intention to hold the occasional
sale or to permit those premises to be so used.
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(2)
A notice given under subsection (1) shall be in writing and shall specify—
(a)
the proposed date and time of commencement, expected duration and
location of the intended occasional sale;
(b)
whether the occasional sale is to be held on other days and if so, what
days, and the time of commencement and expected duration on those
40
days;
(c)
the extent of the premises to be occupied or used for the purposes of the
occasional sale;
(d)
the nature of the goods to be provided at the occasional sale; and

Occasional Sales Bill
Part 2 — Occasional Sales
3

(e)
the name and address (other than an address temporarily occupied for
the purposes of the occasional sale) of every person who it is proposed
will hold or promote the occasional sale, and the name and address of
a person appointed to receive and answer complaints about the sale.
(3)
If the enforcement authority has reason to believe that an occasional sale is to
5
be held but that no notice thereof has been given under subsection (1) above by
the relevant person, they may, as soon as reasonably practicable after the
apparent intention to hold the sale has come to their knowledge, serve on—
(a)
the person who appears to be the relevant person, or
(b)
the occupier of any premises on or in which it appears that such sale is
10
to be, is being or was held,

a notice requiring that person to give the enforcement authority the
information required by subsection (2) above.
(4)
Any person on whom a notice given under subsection (3) is served shall supply
to the enforcement authority the information required by subsection(2) within
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7 days after the service of the notice, whether or not the occasional sale
commenced before the expiry of that period.
(5)
If the enforcement authority has reason to believe that an occasional sale has
been or is being held in its area, but that no notice thereof has been given under
subsection (2) above by the relevant person, they may as soon as reasonably
20
practicable after the holding of the sale has come to their knowledge, serve on
the person specified in subsection (3) a notice requiring that person to give to
the enforcement authority the information mentioned in subsection (6) below.
(6)
The information required by subsection (5) is—
(a)
the date and time of commencement and location of the occasional sale;
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(b)
the duration or expected duration of the occasional sale; and
(c)
those matters required by virtue of subsection (2)(c) to (e) above.
(7)
The information required by subsection (5) above shall be supplied by the
person on whom the notice is served within 7 days after the service of the
notice.
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(8)
The “relevant person” for the purposes of subsections (3) to (5) above is the
person who is intending to hold, is holding or held the occasional sale.
(9)
A person shall be guilty of an offence if, in giving any information which is
required of him by virtue of this section—
(a)
he makes any statement which he knows is false in a material
35
particular, or
(b)
he recklessly makes a statement which is false in a material particular.
4
Information to be kept by holders of certain occasional sales
(1)
In the case where an occasional sale is an event at which there is one or more
supplier (being persons other than the person who holds the occasional sale),
40
the person who holds the occasional sale shall ensure that the following
information is entered, in a record kept by him for the purpose of this section—
(a)
the full name and address of every such supplier and (where different)
the full name and address of a responsible adult;
(b)
an entry describing the goods being offered or exposed for supply to
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the public by every such supplier, and the registered number in respect
of any vehicle in or on which those goods were carried to the sale.

Occasional Sales Bill
Part 2 — Occasional Sales
4

(2)
Every entry made in every record kept by a person in pursuance of this section
shall be retained by him until the end of the period of two years beginning with
the day on which the entry was made in the record.
(3)
A person who keeps a record in pursuance of this section shall on demand,
unless he has a reasonable excuse not to do so, produce the record to an
5
authorised officer or to a constable.
(4)
If a person who holds an occasional sale enters any information in a record kept
by him pursuant to this section which he knows is false in a material particular,
he shall be guilty of an offence.
5
Display of name and address
10
(1)
Any person who holds, promotes or conducts an occasional sale shall, in a
prominent position on a part of the premises in which the sale is held and for
the duration of the sale, display his full name and his business address or
business telephone number and the full name and the business address or
business telephone number of any other person concerned in the holding, or
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promotion of the occasional sale.
(2)
Any person who holds or promotes an occasional sale shall display on all
notices, leaflets and posters given, distributed or exhibited by him or on his
behalf in connection with the sale, his full name and his business address or
business telephone number.
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6
Conduct of occasional sales
(1)
No person who holds an occasional sale shall permit a supplier to offer or
expose for supply, or to supply, goods within the precincts of the occasional
sale unless the supplier whose information is recorded pursuant to section
4(1)(a) is at least 18 years of age.
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(2)
The supplier referred to in subsection (1) of this section shall ensure that he or
another responsible adult remains within the precincts of the occasional sale at
all times that goods are offered or exposed for supply, and is available to deal
with enquiries properly put to him by an authorised officer during the course
of the occasional sale.
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(3)
If, in response to a request made by the holder of an occasional sale for the
purpose of ascertaining the information required to be kept by him pursuant
to this section, a supplier intentionally gives that person a false name or false
address or a false registered number or false information relating to any
certificate of registration, he shall be guilty of an offence.
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(4)
In this Part “supplier” means a seller or supplier of goods in the course of a
trade or business with whom the person who holds the occasional sale has
made arrangements (whether or not on payment of a charge or fee) for the right
to sell or supply goods at the occasional sale, whether or not from a stall or
pitch.
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Occasional Sales Bill
Part 3 — Offences, Powers of Inspection and Enforcement Notices
5

Part 3
Offences, Powers of Inspection and Enforcement Notices
7
Powers of entry, inspection and examination
(1)
An authorised officer, on producing if so required a duly authenticated
document showing his authority, or any constable may—
5
(a)
subject to subsection (2) below, enter and inspect any premises if he has
reasonable cause to believe that they are being, have been or are
intended to be, used for or in connection with an occasional sale, for the
purpose of ascertaining whether there is or has been, in, or in
connection with, the premises a contravention of any provision of this
10
Act;
(b)
at all reasonable times enter any premises for the purpose of serving a
notice under subsections (3) or (5) of section 3;
(c)
at all reasonable times enter any premises for the purpose of inspecting
or taking copies of any record kept in pursuance of section 4.
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(2)
The powers of subsection (1) above in respect of premises used as a private
dwelling-house may be exercised only on the grant of a warrant by a justice of
the peace.
(3)
A justice may grant a warrant under subsection (2) above only if he is satisfied
either—
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(a)
that notice of intention to apply for a warrant has been given to the
occupier of the premises; or
(b)
that the case is one of urgency, or the occupier is temporarily absent, or
that the giving of a notice of intention to apply for a warrant would
defeat the object of the entry.
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(4)
A warrant under this section shall authorise entry, if need be, by force but shall
cease to have effect at the end of the period of 7 days beginning with the day
on which it is granted.
8
Enforcement notices
(1)
Where it appears to an enforcement authority that a breach or breaches of
30
legislation listed in the Schedule to this Act (Section 8 Offences) has or have
occurred within the previous 42 days they may issue a notice under this Part
(an “enforcement notice”) requiring the person organising the occasional sale
to remedy the breach or breaches by him or by any supplier by—
(a)
preventing the supplier from attending the occasional sale for a period
35
of 12 months beginning on the date of the next occurrence of the
occasional sale; or
(b)
ensuring that he or the relevant supplier remedies the breach forthwith.
(2)
An enforcement notice shall take effect on the date specified in it (the “specified
date”).
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(3)
An enforcement notice shall be served not later than 28 days before the
specified date.
(4)
An enforcement authority may withdraw an enforcement notice at any time
before it takes effect by giving a notice of withdrawal immediately to each
person served with a copy of the notice.
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Occasional Sales Bill
Part 3 — Offences, Powers of Inspection and Enforcement Notices
6

(5)
An enforcement notice shall specify the matters alleged to constitute a breach
of the legislation listed in the Schedule.
(6)
Any person who contravenes the provisions of an enforcement notice shall be
guilty of an offence.
9
Appeals against enforcement
5
(1)
Any person served with an enforcement notice which is for the time being in
force may apply for an order setting aside the notice.
(2)
An application under this section may be made by way of complaint to a
magistrates’ court.
(3)
On an application under this section to a magistrates’ court, the court shall
10
make an order setting aside the enforcement notice only if the court is satisfied
that there has been no contravention of any legislation listed in the Schedule to
this Act.
(4)
Any person aggrieved by an order made under this section by a magistrates’
court, or by a decision of such a court not to make such an order, may appeal
15
against that order or decision to the Crown Court and an order so made may
contain such provision as appears to the court to be appropriate for delaying
the coming into force of the order pending the making and determination of
any appeal.
10
Obstruction of authorised officer
20
(1)
Any person who—
(a)
intentionally obstructs any authorised officer acting in the exercise of
his powers under this Act, or
(b)
without reasonable cause fails to give any authorised officer any
assistance or information which the officer may reasonably require of
25
him for the purposes of the exercise of the officer’s functions under any
provision of this Act,

shall be gulity of an offence.
(2)
Subsection (1)(b) above applies in relation to a constable as it applies in relation
to an authorised officer.
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11
Penalties
(1)
Subject to subsection (2) below any person who contravenes any provision of
this Act shall be guilty of any offence and liable on summary conviction to a
fine not exceeding level 5 on the standard scale.
(2)
Any person convicted of an offence under the provisions of sections 3(9), 4(4),
35
6(3), and 8(6) of this Act shall be liable on summary conviction to a term of
imprisonment not exceeding six months or to a fine not exceeding level 5 on
the standard scale or to both.

Occasional Sales Bill
Part 4 — Miscellaneous and General
7

Part 4
Miscellaneous and General
12
Defence of due diligence
(1)
In proceedings for any offence under this Act it shall be a defence for the
person charged to prove that he took reasonable precautions and exercised due
5
diligence to avoid the commission of the offence.
(2)
If in any case the defence provided under subsection (1) above involves the
allegation that the commission of the offence was due to the act or default of
another person, the person charged shall not, without leave of the court, be
entitled to rely on that defence unless, no later than 28 clear days before the
10
hearing, he has served on the prosecutor a notice in writing giving such
information as was then in his possession identifying or assisting in the
identification of that other person.
13
Liability of directors, etc.
(1)
Where an offence under this Act committed by a body corporate is proved to
15
have been committed with the consent or connivance of, or to be attributable
to any neglect on the part of, a director, manager, secretary or other similar
officer of the body corporate or any person who was purporting to act in any
such capacity, he, as well as the body corporate, shall be guilty of the offence.
(2)
Where the affairs of the body corporate are managed by its members,
20
subsection (1) above shall apply to the acts and default of a member in
connection with his functions of management as if he were a director of the
body corporate.
14
Service of notices, etc.
Any notice or other document required or authorised to be served or given in
25
writing under this Act may be served or given either—
(a)
by delivering it to the person on whom it is to be served or to whom it
is to be given; or
(b)
by leaving it at the usual or last known place of abode or business of
that person, or, in a case where an address for service has been given by
30
that person, at that address; or
(c)
by sending it by ordinary post addressed to that person at his usual or
last known place of abode or business, or, in a case where an address
for service has been given by that person, at that address; or
(d)
in the case of a company or body incorporated in England or Wales, by
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delivering it to the secretary or clerk of the company or body at their
registered or principal office, or sending it by ordinary post addressed
to the secretary or clerk of the company or body at that office.
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Expenses
There shall be paid out of money provided by Parliament—
40
(a)
any expenditure incurred by the Secretary of State in consequence of this Act,
and