1[F1Sale of goods advertised as made by, or sold for, benefit of blind or otherwise disabled persons.]E+W+S

[F1(1)It shall not be lawful, in selling any goods or exchanging any article or thing for any other article or thing or soliciting orders for goods of any description in the course of a business carried on by any person, for any representation that, or implying that, blind or otherwise disabled persons, or any description of such persons,—

(a)are employed in the production, preparation or packing of the goods, article or thing or,

(b)benefit (otherwise than as users of the goods, article or thing) from the sale of the goods or the exchange of the article or thing or the carrying on of the business,

to be made in the course of visits from house to house, or by post or by telephone; and any person who contravenes this subsection shall be liable-

(i)on summary conviction, to a fine not exceeding £400; and

(ii)on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.

F1(2)The foregoing subsection shall not apply where the business is being carried on—

(a)by a local authority, or

F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)by a company, association or body providing facilities under section fifteen of the M1Disabled Persons (Employment) Act 1944 in pursuance of arrangements under subsection (2) of that section, or

(d)by any body of persons [F3exempted by the Secretary of State from]the operation of the foregoing subsection, being a body appearing to the Secretary of State to be carrying on business without profit to its members,

or where the person carrying on the business is substantially disabled and all goods, articles or things with respect to which the representation is made were produced by his own labour.]

(3)In England or Wales a local authority may institute proceedings for an offence under this section.

(4)Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(5)In this section “house” includes a place of business, and “local authority” means [F4, in relation to England,] the council of a county, [F5other than a metropolitan county, or of a district or London Borough] or the Common Council of the City of London, [F4in relation to Wales, the council of a county or county borough,] or, in Scotland, a [F6council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

2&3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W+S

4 Interpretation of references to disablement.E+W+S

(1)The references in subsection (1) of section one of this Act to blind or otherwise disabled persons are references to persons under any disability, whether physical or mental, attributable to illness, injury, imperfect development or congenital deformity.

(2)The references in this Act to substantially disabled persons are references to persons substantially handicapped, whether permanently or not, by any such disability as aforesaid.

5 Short title and extent.E+W+S

(1)This Act may be cited as the Trading Representations (Disabled Persons) Act, 1958.

(2)This Act shall not extend to Northern Ireland.