HL Deb 31 July 1962 vol 243 cc225-6

After Clause 34, insert the following new clause:—

Approval marks

(".—(1) Where any international agreement to which the United Kingdom is a party provides—

  1. (a) for markings to be applied to motor vehicle parts of any description to indicate conformity with a type approved by any country; and
  2. (b) for motor vehicle parts bearing those markings to be recognised as complying With the requirements imposed by the law of another country;
the Minister may by regulations designate the markings as approval marks, and the use of any markings so designated shall be deemed for the purposes of the Merchandise Marks Acts, 1887 to 1953, to be a trade description, whether or not they are commonly taken, according to the custom of the trade, to be such an indication as is mentioned in paragraph (a) of this subsection.

(2) Any person who, without being authorised by the competent authority to apply any approval mark, applies that mark or a mark so nearly resembling it as to be calculated to deceive shall be guilty of an offence against the Merchandise Marks Act, 1887, whether or not he would be guilty of such an offence apart from this subsection.

(3) Section two of the Merchandise Marks Act, 1891 (which provides for the prosecution by the Board of Trade of certain offences under the Merchandise Marks Act, 1887) shall not extend to the prosecution of any offence committed in connection with an approval mark.

(4) The conditions subject to which approval of any type may be given on behalf of the United Kingdom or the use of approval marks indicating conformity with a type approved by the United Kingdom may be authorised may include such conditions as to testing or inspection and the payment of fees as the Minister may impose.

(5) In this section "motor vehicle part" means any article made or adapted for use as part of a mechanically propelled vehicle or a vehicle drawn by a mechanically propelled vehicle, or for use as part of the equipment of any such vehicle; and "the competent authority" means—

  1. (a) as respects any approval mark indicating conformity with a type approved by the United Kingdom, the Minister; and
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  2. (b) as respects any approval mark indicating conformity with a type approved by any other country, the authority having power under the law of that country to authorise the use of that mark.

(6) Any fees received by the Minister under this section shall be paid into the Exchequer.")

LORD CHESHAM

My Lords, this rather lengthy-looking Amendment does quite a simple and uncontroversial thing. It enables this country to adhere to an agreement which was drawn up at Geneva on March 20, 1958, with regard to the adoption of uniform conditions of approval and reciprocal recognition of approval for motor vehicle equipment and parts. The object of it is to bring about standardisation of various national systems which currently exist in Western Europe for the approval of component parts of motor vehicles. It is desirable that we should be able to adhere to this because of the difficulties encountered by our manufacturers if we do not; and, if we are going to adhere to it, my right honourable friend the Minister requires the powers that are given him by this clause to make arrangements for the necessary approval and marking of type parts. I beg to move.

Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Chesham.)

On Question, Motion agreed to.