An Open Letter from the UK Assay Offices
An Open Letter to Peter Kyle MP, Secretary of State for Business and Trade
From the UK Assay Offices, supported by the National Association of Jewellers
Dear Mr Kyle,
We write collectively on behalf of the four UK Assay Offices — Birmingham, Edinburgh, London, and Sheffield — with the full support of the National Association of Jewellers (NAJ), to draw your attention to an urgent and growing issue affecting consumer protection, fair competition and regulatory confidence within the UK jewellery and precious metals sector.
Hallmarking remains a vital and trusted form of consumer protection, providing independent assurance of precious metal quality and safeguarding public confidence in jewellery and silverware. However, the retail environment in which hallmarking operates has changed fundamentally since the Hallmarking Act 1973 was introduced. The law has not kept pace with modern trading models, particularly digital commerce, and as a result, the current framework is no longer sustainable.
The issue:
The Hallmarking Act 1973 does not adequately regulate the sale of precious metal articles through online marketplaces, social commerce, livestream sales and other digital trading models. Regulators across government consistently report significant volumes of non-compliant and unhallmarked goods being sold to UK consumers online, often at scale. At the same time, legal accountability for marketplace operators remains unclear, limiting effective enforcement.
This creates a situation in which consumers are exposed to misrepresentation and fraud, while compliant UK jewellers and manufacturers are placed at a competitive disadvantage.
Background:
The Hallmarking Act 1973 predates e-commerce and is built on assumptions of physical possession and shop-based trading.
Enforcement currently relies on proving “possession for sale”, which is frequently impossible where online platforms position themselves as intermediaries rather than sellers.
Cross-government work on online marketplaces has repeatedly identified unclear platform liability, inconsistent regulatory expectations and limited enforcement tools as key barriers to effective consumer protection.
Precious metal jewellery is increasingly sold via global online platforms, influencer-led commerce and livestream sales, often beyond the practical reach of existing hallmarking enforcement mechanisms.
Our proposal:
We are calling for a formal consultation on targeted amendments to the Hallmarking Act 1973 to ensure it remains fit for purpose in a digital economy. In particular, we propose that any review should consider:
1. Modernising statutory definitions
Introducing clear, technology-neutral definitions of trader, digital commerce, online marketplace operator and social commerce.
2. Extending liability to online marketplaces
Treating marketplace operators as traders for the purposes of hallmarking, making them jointly responsible for ensuring that only hallmarked precious metal articles are offered for sale to UK consumers.
3. Clarifying that digital listings constitute an “offer to sell”
Explicitly covering online product listings, livestream sales and influencer promotions within the scope of the Act.
4. Enabling digital enforcement
Providing Assay Offices and Trading Standards with clear powers to conduct online monitoring, issue takedown requests and request compliance data from platforms.
Why this matters:
Consumer protection: Unhallmarked precious metal goods expose consumers to fraud, misdescription and financial loss.
Fair competition: UK jewellers and manufacturers invest time and cost to comply with hallmarking law, while many online sellers currently evade those obligations.
Effective enforcement: Online marketplaces control listings, algorithms, payment flows, and consumer access, placing them in the strongest position to prevent non-compliance at scale.
Policy alignment: This approach aligns with wider government action on online platform accountability, including the Online Safety Act, and cross-regulator efforts to tackle unsafe and non-compliant products sold online.
A call to action:
Hallmarking has protected UK consumers for centuries, but its continued effectiveness depends on a regulatory framework that reflects how goods are bought and sold today. Without reform, consumer trust will be eroded, and compliant businesses will continue to be undercut by those operating outside the law.
We respectfully urge you to support a review of the Hallmarking Act 1973 and to champion legislative reform that ensures consumer protection, fair trading and regulatory clarity in the digital age.
We would welcome the opportunity to discuss this further and to provide practical insight from the Assay Offices and the jewellery trade.
Yours sincerely,
The UK Assay Offices
Will Evans, Director Goldsmiths’ Company Assay Office | Doug Henry, CEO Birmingham Assay Office | Ashley Carson, CEO Sheffield Assay Office | Scott Walter, CEO Edinburgh Assay Office
Supported by…
Ben Massey, CEO, National Association of Jewellers
CC Kate Dearden MP, Minister for Employment Rights and Consumer Protection