|
| |
|
827 | Name giving misleading indication of activities |
| |
(1) | A person must not carry on business in the United Kingdom under a name that |
| |
gives so misleading an indication of the nature of the activities of the business |
| |
as to be likely to cause harm to the public. |
| |
(2) | A person who uses a name in contravention of this section commits an offence. |
| 5 |
(3) | Where an offence under this section is committed by a body corporate, an |
| |
offence is also committed by every officer of the body who is in default. |
| |
(4) | A person guilty of an offence under this section is liable on summary |
| |
conviction to a fine not exceeding level 3 on the standard scale and, for |
| |
continued contravention, a daily default fine not exceeding one-tenth of level |
| 10 |
| |
| |
828 | Savings for existing lawful business names |
| |
(1) | This section has effect in relation to— |
| |
sections 821 to 825 (sensitive words or expressions), and |
| 15 |
section 826 (inappropriate indication of company type or legal form). |
| |
(2) | Those sections do not apply to the carrying on of a business by a person who— |
| |
(a) | carried on the business immediately before the date on which this |
| |
Chapter came into force, and |
| |
(b) | continues to carry it on under the name that immediately before that |
| 20 |
date was its lawful business name. |
| |
| |
(a) | a business is transferred to a person on or after the date on which this |
| |
Chapter came into force, and |
| |
(b) | that person carries on the business under the name that was its lawful |
| 25 |
business name immediately before the transfer, |
| |
| those sections do not apply in relation to the carrying on of the business under |
| |
that name during the period of twelve months beginning with the date of the |
| |
| |
(4) | In this section “lawful business name”, in relation to a business, means a name |
| 30 |
under which the business was carried on without contravening— |
| |
(a) | section 2(1) of the Business Names Act 1985 (c. 7) or Article 4(1) of the |
| |
Business Names (Northern Ireland) Order 1986 (S.I. 1986/1033 N.I. 7)), |
| |
| |
(b) | after this Chapter has come into force, the provisions of this Chapter. |
| 35 |
|
| |
|
| |
|
| |
Disclosure required in case of individual or partnership |
| |
| |
829 | Application of this Chapter |
| |
(1) | This Chapter applies to an individual or partnership carrying on business in |
| 5 |
the United Kingdom under a business name. |
| |
(2) | For the purposes of this Chapter a “business name” means a name other than— |
| |
(a) | in the case of an individual, his surname without any addition other |
| |
than a permitted addition; |
| |
(b) | in the case of a partnership— |
| 10 |
(i) | the surnames of all partners who are individuals, and |
| |
(ii) | the corporate names of all partners who are bodies corporate, |
| |
| without any addition other than a permitted addition. |
| |
(3) | The following are the permitted additions— |
| |
(a) | in the case of an individual, his forename or initial; |
| 15 |
(b) | in the case of a partnership— |
| |
(i) | the forenames of individual partners or the initials of those |
| |
| |
(ii) | where two or more individual partners have the same surname, |
| |
the addition of “s” at the end of that surname; |
| 20 |
(c) | in either case, an addition merely indicating that the business is carried |
| |
on in succession to a former owner of the business. |
| |
830 | Information required to be disclosed |
| |
| The “information required by this Chapter” is— |
| |
(a) | in the case of an individual, his name; |
| 25 |
(b) | in the case of a partnership, the name of each member of the |
| |
| |
| and in relation to each person so named, an address in the United Kingdom at |
| |
which service of any document relating in any way to the business will be |
| |
| 30 |
| |
831 | Disclosure required: business documents etc |
| |
(1) | A person carrying on business in the United Kingdom under a business name |
| |
must state the information required by this Chapter, in legible characters, on |
| |
| 35 |
| |
(b) | written orders for goods or services to be supplied to the business, |
| |
(c) | invoices and receipts issued in the course of the business, and |
| |
(d) | written demands for payment of debts arising in the course of the |
| |
| 40 |
|
| |
|
| |
|
| This subsection has effect subject to section 832 (exemption for large |
| |
partnerships if certain conditions met). |
| |
(2) | A person carrying on business in the United Kingdom under a business name |
| |
must secure that the information required by this Chapter is immediately |
| |
given, by written notice, to any person with whom anything is done or |
| 5 |
discussed in the course of the business and who asks for that information. |
| |
(3) | The Secretary of State may by regulations require that such notices be given in |
| |
| |
(4) | Regulations under this section are subject to negative resolution procedure. |
| |
832 | Exemption for large partnerships if certain conditions met |
| 10 |
(1) | Section 831(1) (disclosure required in business documents) does not apply in |
| |
relation to a document issued by a partnership of more than 20 persons if the |
| |
following conditions are met. |
| |
(2) | The conditions are that— |
| |
(a) | the partnership maintains at its principal place of business a list of the |
| 15 |
names of all the partners, |
| |
(b) | no partner’s name appears in the document, except in the text or as a |
| |
| |
(c) | the document states in legible characters the address of the |
| |
partnership’s principal place of business and that the list of the |
| 20 |
partners’ names is open to inspection there. |
| |
(3) | Where a partnership maintains a list of the partners’ names for the purposes of |
| |
this section, any person may inspect the list during office hours. |
| |
(4) | Where an inspection required by a person in accordance with this section is |
| |
refused, an offence is committed by any member of the partnership concerned |
| 25 |
who without reasonable excuse refused the inspection or permitted it to be |
| |
| |
(5) | A person guilty of an offence under subsection (4) is liable on summary |
| |
conviction to a fine not exceeding level 3 on the standard scale and, for |
| |
continued contravention, a daily default fine not exceeding one-tenth of level |
| 30 |
| |
833 | Disclosure required: business premises |
| |
(1) | A person carrying on business in the United Kingdom under a business name |
| |
| |
(a) | where the business is carried on, and |
| 35 |
(b) | to which customers of the business or suppliers of goods or services to |
| |
the business have access, |
| |
| display in a prominent position, so that it may easily be read by such customers |
| |
or suppliers, a notice containing the information required by this Chapter. |
| |
(2) | The Secretary of State may by regulations require that such notices be |
| 40 |
displayed in a specified form. |
| |
(3) | Regulations under this section are subject to negative resolution procedure. |
| |
|
| |
|
| |
|
Consequences of failure to make required disclosure |
| |
834 | Criminal consequences of failure to make required disclosure |
| |
(1) | A person who without reasonable excuse fails to comply with the requirements |
| |
| |
section 831 (disclosure required: business documents etc), or |
| 5 |
section 833 (disclosure required: business premises), |
| |
| |
(2) | Where an offence under this section is committed by a body corporate, an |
| |
offence is also committed by every officer of the body who is in default. |
| |
(3) | A person guilty of an offence under this section is liable on summary |
| 10 |
conviction to a fine not exceeding level 3 on the standard scale and, for |
| |
continued contravention, a daily default fine not exceeding one-tenth of level |
| |
| |
(4) | References in this section to the requirements of section 831 or 833 include the |
| |
requirements of regulations under that section. |
| 15 |
835 | Civil consequences of failure to make required disclosure |
| |
(1) | This section applies to any legal proceedings brought by a person to whom this |
| |
Chapter applies to enforce a right arising out of a contract made in the course |
| |
of a business in respect of which he was, at the time the contract was made, in |
| |
breach of section 831(1) or (2) (disclosure in business documents etc) or section |
| 20 |
833(1) (disclosure at business premises). |
| |
(2) | The proceedings shall be dismissed if the defendant (in Scotland, the defender) |
| |
to the proceedings shows— |
| |
(a) | that he has a claim against the claimant (pursuer) arising out of the |
| |
contract that he has been unable to pursue by reason of the latter’s |
| 25 |
breach of the requirements of this Chapter, or |
| |
(b) | that he has suffered some financial loss in connection with the contract |
| |
by reason of the claimant’s (pursuer’s) breach of those requirements, |
| |
| unless the court before which the proceedings are brought is satisfied that it is |
| |
just and equitable to permit the proceedings to continue. |
| 30 |
(3) | References in this section to the requirements of this Chapter include the |
| |
requirements of regulations under this Chapter. |
| |
(4) | This section does not affect the right of any person to enforce such rights as he |
| |
may have against another person in any proceedings brought by that person. |
| |
| 35 |
| |
836 | Application of general provisions about offences |
| |
| The provisions of sections 778 to 784 (general provisions about offences) apply |
| |
in relation to offences under this Part as in relation to offences under the |
| |
| 40 |
|
| |
|