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MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 - SECT 13

Offences and prosecutions.

13.(1) Any person who, either by himself or by any servant or agent of his

(a)sends or agrees or attempts or offers to send potatoes out of Northern
Ireland in contravention of any provision of this Act or regulations made
thereunder, or in breach of any condition of a licence or permit issued to him
under this Act; or

(b)in connection with an application for, or the issue of, a licence,
certificate or permit under this Act makes any statement or furnishes any
information which to his knowledge is false or in any material respect
misleading; or

(c)fraudulently alters or uses or causes to be used or permits to be
fraudulently altered or used any licence, certificate, permit or other
document issued under this Act or any seal, mark or indication prescribed
under, or used for the purposes of, this Act; or

(d)makes any false or fraudulent statement in any record kept by him or
returns made by him under or by virtue of this Act;

(i)for a first offence to a fine not exceeding [#250],

(ii)for a subsequent offence to a fine not exceeding [#500] or imprisonment
for a term not exceeding three months or to both such fine and such
imprisonment.

(2) Any person who

(a)obstructs or impedes an authorised officer or a constable in the exercise
of any of the powers conferred under or by virtue of this Act or gives to any
such officer or constable any information which to his knowledge is false or
in any material respect misleading; or

(b)sells or attempts to sell or offers or exposes for sale potatoes in
Northern Ireland in contravention of regulations made under section 7; or

(c)discloses, in contravention of section 10, any information obtained by him
in the exercise of any power conferred on him or on the Ministry by or under
this Act; or

(d)contravenes the provisions of section 5 or any other provision of this Act
or regulations made thereunder for which no penalty is otherwise provided by
this Act;

(3) Subject to subsection (4), proceedings for an offence against this Act
shall not be instituted except by or with the consent of the Ministry.

(4) Sub-section (3) shall not operate

(a)so as to affect a prosecution for an offence committed by an authorised
officer or other officer of the Ministry;

(b)so as to prevent any steps being taken by an authorised officer under
section 6 with respect to the seizure and detention of potatoes or otherwise
in execution of his duties under this Act preparatory to or in connection with
the institution of proceedings for an offence against this Act.

(5) Summary proceedings for an offence against this Act shall not be commenced
after the expiration of a period of six months from the date on which evidence
sufficient in the opinion of the Ministry to justify a prosecution for the
offence comes to the knowledge of the Ministry, or after the expiration of a
period of twelve months after the commission of the offence, whichever period
last expires and for the purposes of such proceedings a certificate purporting
to be signed by the Minister or a secretary or assistant secretary of the
Ministry as to the date on which such evidence as aforesaid came to the
knowledge of the Ministry shall be conclusive evidence thereof.

(6) The suspension, revocation or failure to renew a licence under section 2
or the decision of the county court on any appeal to it under that section
shall not prejudice or affect any prosecution brought against the holder or
former holder of that licence for any offence against this Act.

© 1964 Crown Copyright

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