Utility Furniture (Marking and Supply) Order, 1951

Publication Date:January 01, 1951
 
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1951No. 2218

SUPPLIES AND SERVICES

(12) FURNITURE

The Utility Furniture (Marking and Supply) Order, 1951

17thDecember1951

18thDecember1951

31stDecember1951

The Board of Trade in pursuance of the powers conferred upon them by Regulation 55 of the Defence (General) Regulations, 1939, as having effect by virtue of the Supplies and Services (Transitional Powers) Act, 1945(a), as extended by the Supplies and Services (Extended Purposes) Act, 1947(b), and the Supplies and Services (Defence Purposes) Act, 1951(c), and continued in force by the Supplies and Services (Continuance) Order, 1951(d), hereby order as follows:—

1.—(1) A person shall not apply the mark shown in the Second Schedule hereto (hereinafter referred to as the "utility mark") to furniture of any description whatsoever other than furniture of a description specified in the First Schedule hereto.

(2) A person shall not apply the utility mark to furniture of a description specified in the First Schedule hereto except under the authority of a licence granted by the Board of Trade under this paragraph and in accordance with any condition attached thereto.

2.—(1) Any person who applies the utility mark to any furniture of a description specified in the First Schedule hereto shall also, and at the same time, apply to that furniture—

(a) the identification number notified to him by the Board of Trade for the purposes of this Order or any other Order made by the Board of Trade relating to the manufacture or marking of furniture; and

(b) the type symbol specified in column 1 of that Schedule in relation to that description.

(2) Any person who applies the utility mark to any furniture of a description specified in the First Schedule hereto shall apply the said mark, identification number and type symbol in accordance with the provisions of the Third Schedule hereto.

(3) A person shall not apply a type symbol specified in column 1 of the First Schedule hereto to furniture of any description whatsoever not being furniture of the description specified in that Schedule in relation to that type symbol.

3. A person shall not supply, offer to supply or advertise any furniture upon or in relation to which the word "utility" or any word resembling that word is used, but which is not utility furniture (that is to say, furniture to which the utility mark has been applied (a) in accordance with this Order or any other Order made by the Board of Trade or any Order made by

(a) 9 & 10 Geo. 6. c. 10; and S.R. & O. 1945 (No. 1618) II, p. 48.

(b) 10 & 11 Geo. 6. c. 55.

(c) 14 & 15 Geo. 6. c. 25.

(d) S.I. 1951 No. 2116, p. 27 above.

the Ministry of Commerce of Northern Ireland, or (b) with the approval in writing of the Board of Trade or that Ministry), without taking sufficient steps to prevent the use thereof from importing directly or indirectly a reference to utility furniture.

4. A person shall not, with intent to deceive, remove, deface, conceal or obscure the utility mark, the identification number or the type symbol duly applied to any furniture.

5. A person shall not, in the course of his business, supply any article of utility furniture bearing two or more different type symbols.

6. A person shall not supply—

(a) a loose cushion bearing a type symbol specified in column 1 of the First Schedule hereto, except as part of an article of utility furniture of a description specified in that Schedule and bearing the same type symbol; or

(b) a bedstead end bearing a type symbol specified in that column, except as one of a pair of bedstead ends each bearing the same type symbol.

7.—(1) A person may, in the course of his business, use utility goods, being cloth of a description specified in relation to the specification number 7585 in the Schedule to the Household Textiles (Marking and Manufacturers' Prices) (No. 2) Order, 1951(a), as amended from time to time, in the manufacture of furniture, being upholstered divans, to which he intends to apply the utility mark in accordance with a licence granted under paragraph (2) of Article 1 hereof.

(2) A person may, in the course of his business, use utility goods, being cloth of a description specified in relation to—

(a) the specification number 110 in the Schedule to the Utility Woven Cloth (Wool and Animal Fibre) (Marking, Supply and Manufacturers' Prices) Order, 1950(b), as amended from time to time(c); or

(b) one of the specification numbers (whether or not preceded by the letter "Z") included in Part I or Part II of the Schedule to the Utility Upholstery Cloth Order, 1951(d), as amended from time to time(e),

in the manufacture of upholstered furniture to which he intends to apply the utility mark in accordance with a licence granted under paragraph (2) of Article 1 hereof.

8. Nothing in this Order, except Article 1, shall prohibit a person from doing, or shall require him to do, anything if he is otherwise authorised by a licence granted by the Board of Trade under this Article, provided that he complies with any condition attached to that licence.

9. A person disposing by way of liquidation of any assets of any business shall be deemed to be carrying on that business, and any licence granted in respect of that business shall have effect as if it had been granted to that person.

10.—(1) The Utility Furniture (Marking and Supply) (No. 2) Order, 1950(f), the Utility Furniture (Marking and Supply) (No. 2) (Amendment) Order, 1951(g), the Utility Furniture (Marking and Supply) (No. 2) (Amendment No. 2) Order, 1951(h), and the Utility Furniture (Marking and Supply) (No. 2) (Amendment No. 3) Order, 1951(i), are hereby revoked:

(a) S.I. 1951 No. 1842.

(b) S.I. 1950 (No. 608) III, p. 375.

(c) The relevant amending Order at the date of this Order is S.I. 1950 (No. 2086) III, p. 377.

(d) S.I. 1951 No. 1057.

(e) The relevant amending Order at the date of this Order is S.I. 1951 No. 1791.

(f) S.I. 1950 (No. 2046) III, p. 755.

(g) S.I. 1951 No. 765.

(h) S.I. 1951 No. 1070.

(i) S.I. 1951 No. 1750.

Provided that any licence granted or having effect thereunder shall have effect as if it had been granted under this Order.

(2) This Order shall not apply to Northern Ireland.

11. This Order may be...

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