MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 - SECT 6 Detention and seizure of potatoes.

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MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 - SECT 6

Detention and seizure of potatoes.

6.(1) An authorised officer or a constable may seize and may detain in custody
any potatoes which are being or which are suspected by such an officer or
constable of being, sent out of Northern Ireland in contravention of any
provision of this Act or regulation made thereunder or in breach of any
condition of a licence or permit issued under this Act.

(2) Where any person detains potatoes in his custody under this section, he
shall, as soon as possible, either

(a)release the potatoes; or

(b)[keep possession of or sell the potatoes and] take such steps as may be
proper to have dealt with according to the law the person believed to be
guilty of the offence committed, or believed to have been committed, in
relation to the potatoes and

[(i)where a person is convicted in respect of such a contravention or breach
as is mentioned in subsection (1), the potatoes shall be forfeited and become
the property of the Department which may dispose of them in such manner as it
thinks fit or if the potatoes have been sold, the proceeds of the sale shall
become the property of the Department; or

(ii)where a person is not so convicted, the potatoes shall be released or, if
the potatoes have been sold, the proceeds of the sale shall be paid to the
person who was deprived of the ownership of the potatoes and no further
liability shall be incurred by reason of the detention or sale.]

(3) Potatoes released under subsection (2) shall be delivered to the consignor
at the place of detention or, if an authorised officer agrees, at such other
place within Northern Ireland as the consignor elects and, if the consignor
fails to take delivery at such place within such reasonable time as may be
specified by the authorised officer, shall be sold and the proceeds, less any
expenses incurred by the Ministry or a constable in connection with such
seizure, detention or sale, shall be paid to the consignor.

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Northern Irish Legislation

MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 - SECT 6