The National Association of Jewellers and the four UK Assay Offices have received a written response from the Department for Business and Trade following their joint open letter calling for amendments to the Hallmarking Act 1973.
In correspondence from the Minister for Employment Rights and Consumer Protection, Kate Dearden MP, the Government acknowledged the role of hallmarking in consumer protection and fair competition within the jewellery sector. The Minister stated that the current legislation has not kept pace with developments in online selling and confirmed the Government’s intention to amend hallmarking arrangements when parliamentary time allows.
Focus on Online Selling and Enforcement
The NAJ and Assay Offices submitted their open letter in December, seeking a formal consultation on specific amendments to the Act. These include clearer definitions relating to digital commerce, confirmation that digital listings constitute an “offer to sell”, extension of liability to online marketplaces and measures to strengthen enforcement in online environments.
The Government has invited representatives from the Assay Offices and the NAJ to meet officials to discuss enforcement issues in digital marketplaces and the practical changes required. It also confirmed that operational evidence from the sector will inform any future proposals.
The proposed areas of reform focus on how hallmarking law applies to online sales. Under the current framework, questions have arisen around whether a digital listing constitutes an “offer to sell” and where liability sits in online transactions. Clarification in these areas would define responsibilities for retailers and for platforms facilitating third-party sales into the UK.
Response from the NAJ
Ben Massey, CEO of the National Association of Jewellers, said:
“We are pleased to receive such a constructive and encouraging response from the Minister. The UK hallmarking regime provides essential consumer protection, giving people confidence that the precious metal they are buying is exactly what it claims to be. As more international sellers gain access to UK consumers, it is important that the system continues to evolve so it remains fit for purpose, supports responsible business, and protects the public. We look forward to working closely with the Department for Business and Trade to ensure the legislation keeps pace with the needs of today’s market.”
The Assay Offices and the NAJ have indicated that they will continue to engage with the Department for Business and Trade as discussions progress.
Implications for the Trade
The Hallmarking Act 1973 sets out the statutory framework governing the testing and marking of precious metal articles in the UK. While the core requirements around assay and hallmarking remain in place, growth in cross-border ecommerce and third-party marketplace selling has altered the way jewellery is marketed and supplied to UK consumers.
Amendments clarifying the status of online listings and marketplace liability would affect compliance responsibilities for businesses selling into the UK. This includes retailers operating online, third-party sellers and digital marketplaces.
The timing of any legislative change will depend on parliamentary scheduling. Discussions between the Government, the NAJ and the Assay Offices are ongoing.
