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{{Infobox UK legislation
| short_title = Pedlars Act 1871
| type = Act
| parliament = Parliament of the United Kingdom
| long_title = An Act for Granting Certificates to Pedlars.
| year = 1871
| citation = [[34 & 35 Vict.]] c. 96
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|territorial_extent = ▼
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| amendments = {{ubli|[[Statute Law Revision Act 1883]]|Pedlars Act 1881}}
|si_laid_date = ▼
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| original_text = https://www.legislation.gov.uk/ukpga/1871/96/pdfs/ukpga_18710096_en.pdf▼
▲|commencement = 1 January 1872<ref>The Pedlars Act 1871, section 2</ref>
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|replaces = ▼
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| citation = [[44 & 45 Vict.]] c. 45
▲|original_text = https://www.legislation.gov.uk/ukpga/1871/96/pdfs/ukpga_18710096_en.pdf
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| amends = Pedlars Act 1871
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The '''Pedlars Act 1871'''<ref>{{Cite book |url=https://books.google.com/books?id=YQRVAAAAcAAJ&pg=PA481%20SECTION%201 |title=The Public general statutes: passed in the ... years of the reign of her Majesty Queen Victoria. 1871 |date=1871 |language=en}}</ref> ([[34 & 35 Vict.]] c. 96) is an [[Act of Parliament|Act]] of the [[Parliament of the United Kingdom]]. This Act, and an amendment in the '''Pedlars Act 1881''' ([[44 & 45 Vict.]] c. 45), applies to the United Kingdom,
== Pedlars Act 1871 and Pedlars Act 1881 ==
The Pedlars Act 1871
The Pedlars Act 1871 defines a [[peddler|pedlar]] as a person who trades by travelling on foot between town to town or visits another person's house. The Act specifically exempts certain traders from being covered by the law, people selling at legitimate markets and fairs, those only seeking customer orders, and sellers of vegetables, fruit, or victuals. The Pedlars Act 1871 limited the validity of the certificate to the geographical area covered by the issuing police force, so a pedlar needed to apply for another certificate to trade in a different area.<ref name=":0" /> The Pedlars Act 1881 amended the 1871 Act by making a pedlar's certificate valid throughout the United Kingdom.<ref name=":3">{{Cite web|url=http://www.legislation.gov.uk/ukpga/Vict/44-45/45/contents|title=Pedlars Act 1881|website=www.legislation.gov.uk|language=en|access-date=25 May 2018}}</ref>
== Applying for a Pedlar's Certificate ==▼
An application for a pedlar's certificate is made to a police Chief Constable. The procedure is that the person must attend at a police station in the area they live. The criteria for issuing a certificate is that the person must have resided in the local authority area for at least 28 days and be over 17 years old. An applicant requires a photograph, proof of identity and address, and the details of a referee. The certificate is valid for 1 year. In 2018, the application fee is £12.25.<ref name=":1">{{Cite news|url=https://www.gov.uk/pedlars-certificate|title=How to apply for a pedlar's certificate|work=GOV.UK|access-date=25 May 2018|language=en}}</ref>▼
Trading without a certificate or allowing somebody else to use it is an offence with a maximum penalty of a fine up to £200. Providing false information when applying for a certificate, or making or carrying a forged certificate is an offence with the maximum penalty of up to 6 months imprisonment.<ref name=":1" /> The Police still enforce the Act, for example, in 2017 the [[Derbyshire Constabulary|Derbyshire police]] seized the goods of a pedlar trading without a certificate.<ref>{{Cite web|url=https://www.derbyshirealert.co.uk/da/190362/Goods_seized_from_man_trading_without_pedlars_certificate_in_Youlgrave.html|title=Goods seized from man trading without pedlars certificate in Youlgrave|website=www.derbyshirealert.co.uk|language=en-gb|access-date=25 May 2018}}</ref>▼
▲An application for a pedlar's certificate is made to a police
== Debates about the Pedlars Act 1871 ==▼
Various calls have been made to reform the pedlar laws. In 2012, the [[Department for Business, Innovation and Skills|Department for Business Innovation and Skills]] considered reforming the pedlar laws but considered it a matter for a decision at a later date.<ref>{{Cite web|url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/32724/12-606-street-trading-compliance-with-services-directive-impact.pdf|title=Street Trading and Pedlar Laws. Compliance with the European Services Directive Impact assessment|last=Department for Business Innovation and Skills|date=2012|website=Gov.UK|access-date=25 May 2018}}</ref> The Association of Town & City Management say the current pedlar laws causes one of most complex problems about on-street trading.<ref name=":2">{{Cite web|url=http://www.100ways.org.uk/street-trading-and-pedlars.html|title=Street Trading & Pedlars|author=Association of Town and City Management |date=2018 |website=www.100ways.org.uk |access-date=25 May 2018}}</ref> Local shopkeepers and retailers view peddling as undesirable and unfair competition. Argued is that pedlars are not restricted where they trade and can legitimately stand outside a shop and sell the same goods as it, they cause congestion on the streets in certain city centres, and are less accountable for any counterfeit or substandard good sold by them.<ref name=":2" /><ref>{{Cite journal|last=Hough|first=B|date=2003|title=Licensed street trading and pedlars|url=https://researchportal.port.ac.uk/portal/files/144597/HOUGH_Licensed_Street_Trading_and_Pedlars.pdf |journal=Mountbatten Journal of Legal Studies |volume=7 |number=12 |pages=5–32}}</ref>▼
▲Trading without a certificate or allowing somebody else to use it is an offence with a maximum penalty of a fine up to £200. Providing false information when applying for a certificate, or making or carrying a forged certificate is an offence with the maximum penalty of up to
Since 1999, pedlars have raised concerns about the attempt of some local government authorities to pass [[Private Act]]s to circumnavigate the current pedlar legislation and restrict their trade,<ref>{{Cite web|url=http://pedlars.info/statutes-bills-case-law.html|title=Pedlar Legislation|website=pedlars.info|language=en-gb |access-date=25 May 2018}}</ref> for example, by enacting the [[City of Westminster Act 1999]],<ref>{{Cite web|url=http://www.legislation.gov.uk/ukla/1999/1/contents/enacted|title=City of Westminster Act 1999|website=www.legislation.gov.uk|language=en |access-date=25 May 2018}}</ref> and Maidstone Borough Council Act 2006.<ref>{{Cite web|url=http://www.legislation.gov.uk/ukla/2006/4/contents/enacted |title=Maidstone Borough Council Act 2006 |website=www.legislation.gov.uk |language=en|access-date=2018-05-25}}</ref>▼
▲Various calls have been made to reform the pedlar laws. In 2012, the [[Department for Business, Innovation and Skills|Department for Business Innovation and Skills]] considered reforming the pedlar laws but considered it a matter for a decision at a later date.<ref>{{Cite web|url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/32724/12-606-street-trading-compliance-with-services-directive-impact.pdf|title=Street Trading and Pedlar Laws. Compliance with the European Services Directive Impact assessment|
▲Since 1999, pedlars have raised concerns about the attempt of some local government authorities to pass [[Private Act]]s to circumnavigate the current
== See also ==
Line 51 ⟶ 69:
* [[Peddler]]
* [[Retail]]
* [[Street trading licence
== Notes ==
{{notelist}}
== References ==
{{reflist}}
{{UK legislation|state=collapsed}}▼
==External links==
* [http://pedlars.info/ Pedlar Information and Resource Center]
▲{{UK legislation|state=collapsed}}{{Authority control}}
[[Category:Law of the United Kingdom]]
[[Category:United Kingdom company law]]
[[Category:Acts of the Parliament of the United Kingdom concerning England and Wales]]
[[Category:United Kingdom Acts of Parliament 1871]]
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