Trade Descriptions Act 1968
What the 1968 Act does:
This Act makes it an offence if a trader –
- Applies a false trade description to any goods; or
- Supplies or offers to supply any goods to which a false trade description is applied; or
- Makes certain kinds of false statement about the provision of any services, accommodation or facilities.
False trade description
A trade description is an indication as to any one of a number of matters listed in the Act. For example:
- The quantity, size or gauge of goods ('this bedspread is 1.2mx 2.0m).
- How they were made or processed ('hand-sewn').
- What they are made of ('solid brass').
- Their fitness for purpose, strength, performance, behaviour or accuracy ('unbreakable').
- Any other physical characteristics which they possess ('fitted with ABS brakes').
- A statement that the goods have been tested or approved by any person ('this encyclopaedia has been approved by your local education authority').
- Where they were made ('made in England').
- When they were made ('18th century mirror').
- Who made them ('Van Gogh painting').
- Any other information about their history ('reconditioned: Government surplus stock').
To be an offence the indication must be false to a material degree. It is not enough for it just to contain a quite insignificant inaccuracy.
It must be applied to the goods in question, whether in writing or by means of an illustration, symbol or other marking on the goods themselves, on containers, labels, showcards, in advertisements, etc, or in an oral statement.
False indications by a trader of Royal patronage or approval of his goods or services are also covered by the Act. So are false indications that goods or services are of a kind supplied to any person (e.g. 'as supplied to the National Theatre').
False statements about services, accommodation or facilities
The Act covers statements about one or more of a number of listed matters - the provision or services, accommodation or facilities; their nature; the time at which they are provided; how they are provided or who provides them; their examination, approval or evaluation by a person; where accommodation is provided or what amenities it has. Here again the statement must be false to a material degree. Spoken as well as written statements, including statements in advertisements, are covered.
Not every statement about services etc. which turns out to be wrong is covered.
A trader commits an offence only if the statement is false when it is made, and the trader knows it to be false or makes it recklessly, not caring whether it is true or false.
Generally speaking, statements about houses are outside the scope of the Act unless they relate to such matters as holiday accommodation.
Enforcement
The Trading Standards is under a statutory duty to enforce the provisions of this Act and the Act gives us power of entry, inspection and seizure.
These notes are for guidance only - for more information please contact:
North Lincolnshire Council
Trading Standards
PO Box 42
Church Square House
Scunthorpe
DN15 6XQ.
Tel: (01724) 297664
Fax: (01724) 297895
Email: trading.standards@northlincs.gov.uk.