Consumer Safety Act 1978
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Change 1
7 Supplemental
(1) The Secretary of State may make regulations with respect to the manner of giving information in pursuance of Schedule 1 or Schedule 2 to this Act. (2) Any document required or authorised by virtue of this Act to be served on a person may be so served— (a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address; or (b) if the person is a body corporate, by serving it in accordance with the preceding paragraph on the secretary or clerk of that body ; or (c) if the person is a partnership, by serving it as aforesaid on a partner or on a person having control or management of the partnership business. (3) For the purposes of the preceding subsection and section 26 of the Interpretation Act 1889 (which relates to the service of documents by post) in its application to the preceding subsection, the proper address of any person on whom a document is to be served by virtue of this Act shall be his last known address except that— (a) in the case of service on a body corporate or its secretary or clerk it shall be the address of the registered or principal office of the body ; (b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business it shall be the principal office of the partnership; and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom. (4) Where an offence under any provision of this Act 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, a director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (5) Where the affairs of a body corporate are managed by its members the preceding subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. (6) Any power to make an order or regulations which is conferred on the Secretary of State by this Act shall be exercisable by statutory instrument and any statutory instrument made by virtue of this subsection, except an instrument containing safety regulations or containing only an order made by virtue of section 12(2) of this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) No safety regulations shall be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament. (8) In subsection (4) of section 2 of the Trade Descriptions Act 1968 (which provides that a description or mark applied to goods in pursuance of an enactment mentioned in that subsection shall be deemed not to be a trade description) after paragraph (f) there shall be inserted the words " (g) the Consumer Safety Act 1978 ", and in subsection (5)(a) of that section (which provides that where, under certain Acts including the Food and Drugs Act (Northern Ireland) 1958, the application of a description to goods is prohibited except in certain cases the description shall be deemed not to be a trade description when applied in those cases) after the figures " 1958 " there shall be inserted the words " or the Consumer Safety Act 1978 ".
7 Supplemental
(1) The Secretary of State may make regulations with respect to the manner of giving information in pursuance of Schedule 1 or Schedule 2 to this Act. (2) Any document required or authorised by virtue of this Act to be served on a person may be so served— (a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address; or (b) if the person is a body corporate, by serving it in accordance with the preceding paragraph on the secretary or clerk of that body ; or (c) if the person is a partnership, by serving it as aforesaid on a partner or on a person having control or management of the partnership business. (3) For the purposes of the preceding subsection and section 26 of the Interpretation Act 1889 (which relates to the service of documents by post) in its application to the preceding subsection, the proper address of any person on whom a document is to be served by virtue of this Act shall be his last known address except that— (a) in the case of service on a body corporate or its secretary or clerk it shall be the address of the registered or principal office of the body ; (b) in the case of service on a partnership or a partner or a person having the control or management of a partnership business it shall be the principal office of the partnership; and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom. (4) Where an offence under any provision of this Act 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, a director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (5) Where the affairs of a body corporate are managed by its members the preceding subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. (6) Any power to make an order or regulations which is conferred on the Secretary of State by this Act shall be exercisable by statutory instrument and any statutory instrument made by virtue of this subsection, except an instrument containing safety regulations or containing only an order made by virtue of section 12(2) of this Act, shall be subject to annulment in pursuance of a resolution of either House of Parliament. (7) No safety regulations shall be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament. (8) In subsection (4) of section 2 of the Trade Descriptions Act 1968 (which provides that a description or mark applied to goods in pursuance of an enactment mentioned in that subsection shall be deemed not to be a trade description) after paragraph (f) there shall be inserted the words " (g) the Consumer Safety Act 1978 ", and in subsection (5)(a) of that section (which provides that where, under certain Acts including the Food and Drugs Act (Northern Ireland) 1958, the application of a description to goods is prohibited except in certain cases the description shall be deemed not to be a trade description when applied in those cases) after the figures " 1958 " there shall be inserted the words " or the Consumer Safety Act 1978 ".
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