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STATISTICS OF TRADE ACT (NORTHERN IRELAND) 1949

STATISTICS OF TRADE ACT (NORTHERN IRELAND) 1949 - LONG TITLE

An Act to consolidate and amend the law relating to the census of
production; to provide for a census of distribution and other
services; to enable the information necessary for the appreciation of
economic trends to be more readily obtained; and for purposes
connected with the matters aforesaid.
[7th June 1949]
Census of production, distribution and services.

STATISTICS OF TRADE ACT (NORTHERN IRELAND) 1949 - SECT 1

1.(1) For the purpose of providing at intervals general surveys of
the state of trade and business, the Ministry of Commerce (in this
Act referred to as "the Ministry") shall in the year nineteen
hundred and fifty and in every subsequent year, take a census of
production.

(2) For the purpose referred to in the preceding sub-section, the
Ministry may, in any year which may be prescribed by order of the
Ministry (being a calendar year beginning not less than twelve
months after the date of the order) take a census of wholesale
distribution.

(3) For the purpose referred to in sub-section (1) of this section,
the Ministry may, in any year which may be prescribed by order of
the Ministry (being a calendar year beginning not less than twelve
months after the date on which the order takes effect) take a
census of retail distribution and other services.

(4) Any person carrying on an undertaking may, subject to the
provisions of section five of this Act, be required to furnish
returns for the purposes of a census under this Act; and the
census may either be taken so as to cover all undertakings in the
field of production, distribution or other services, as the case may
be, or may be confined to such classes or descriptions of those
undertakings respectively as may be prescribed; and, without prejudice
to the generality of the foregoing provisions of this sub-section,
the Ministry may by order provide for exempting from the obligation
to furnish returns for the purposes of a census under this Act,
either wholly or to the prescribed extent, and either unconditionally
or subject to the prescribed conditions any persons or any
prescribed class or description of persons.

(5) The matters about which a person may be required to furnish
returns for the purposes of a census under this Act shall

(a)as respects a census of production, be the matters set out in
Part I of the Schedule to this Act;

(b)as respects a census of wholesale distribution, be the matters
set out in Part II of the Schedule to this Act; and

(c)as respects a census of retail distribution and other services,
be the matters set out in Part III of the Schedule to this Act.

(6) In taking a census under this Act the Ministry shall require
returns to be furnished with respect to the calendar year next
preceding the date of the census:

Provided that the Ministry may make arrangements for allowing a
person for whom it would be inconvenient to furnish returns with
respect to that calendar year, to furnish returns with respect to
some other period of twelve months.

STATISTICS OF TRADE ACT (NORTHERN IRELAND) 1949 - SECT 2
Returns for the purposes of census.

2.(1) The Ministry may, subject to the provisions of this Act,
prepare and issue such forms and instructions as it deems necessary
for the taking of a census under this Act, but nothing in this
section shall be construed as preventing the use, in connection with
any such census, of any form or instruction issued by any
department of the Government of the United Kingdom under any Act of
the Parliament of the United Kingdom containing provisions similar to
the provisions of this Act.

(2) A person shall not be required to furnish returns for the
purposes of a census under this Act except in pursuance of a
notice in writing from the Ministry requiring him to do so; and
the Ministry shall issue, with the notice, the forms which that
person is required to complete.

(3) A person required to furnish returns for the purposes of a
census under this Act shall, on or before such day, being not less
than two months after the service of the said notice, as may be
specified therein, comply with that requirement in such manner as
may be so specified:

Provided that in their application to a person who has been allowed
to furnish returns with respect to a period ending not later than
the thirty-first day of October in the calendar year preceding the
date on which the said notice is served on him, the foregoing
provisions of this sub-section shall have effect as if for the
reference therein to two months there were substituted a reference
to one month.

STATISTICS OF TRADE ACT (NORTHERN IRELAND) 1949 - SECT 3
Duty to give information as to existence of undertakings.

3. If the Ministry publishes, by advertisement in the Belfast
Gazette, and in such newspapers as may appear to the Ministry to
be sufficient for notifying the persons concerned, a list of any
classes or descriptions of undertakings in relation to which returns
will be required by the Ministry for the purposes of a particular
census under this Act, it shall be the duty of every person
carrying on an undertaking of any such class or description as
aforesaid who has not received a notice under sub-section (2) of
section two of this Act, to inform such person as may be specified
in the advertisement, within such period, being not less than
twenty-one days after the date of the advertisement, as may be
specified therein, that he is carrying on such an undertaking as
aforesaid and to give to that person such prescribed particulars of
the undertaking as may be so specified.

STATISTICS OF TRADE ACT (NORTHERN IRELAND) 1949 - SECT 4
Additional power of the Ministry to obtain returns, etc.

4. For the purpose of obtaining the information necessary for the
appreciation of economic trends, and the provision of a statistical
service for industry, and for the discharge by Government departments
of their functions, the Ministry..., without prejudice to the
foregoing provisions of this Act, [or a competent authority may,]
subject to the provisions of section five of this Act, by notice
in writing served on any person carrying on an undertaking, require
that person to furnish, in such form and manner and within such
time as may be specified in the notice, such periodical or other
estimates or returns, about such of the matters set out in

(a)Part I of the Schedule to this Act, where the estimates or
returns relate to production; or

(b)Part II of the Schedule thereto, where the estimates or returns
relate to wholesale distribution; or

(c)Part III of the Schedule thereto, where the estimates or returns
relate to retail distribution and other services;

Establishment and functions of Consultative Committee.

STATISTICS OF TRADE ACT (NORTHERN IRELAND) 1949 - SECT 5

5.(1) For the purposes of considering the proposals of the Ministry
[or a competent authority] as to the making of returns or estimates
under this Act, and of giving advice to the Ministry [or a
competent authority] about such proposals, there shall be established
a committee, to be called the Northern Ireland Trade Statistics
Consultative Committee (in this Act referred to as "the Committee").

(2) The Committee shall consist of not less than seven nor more
than ten members (including the chairman) appointed by the Minister
of Commerce (in this Act referred to as "the Minister"). The
members shall be persons who are engaged in, or are otherwise
conversant with the conditions of, trade or industry.

(3) A member of the Committee shall hold office for such term and
subject to such conditions as the Minister may determine.

If a member becomes, in the opinion of the Minister, unfit to
continue in office or incapable of performing his duties as a
member the Minister shall forthwith declare his office to be vacant
and shall notify the fact in such manner as he thinks fit, and
thereupon the office shall become vacant.

(4) On vacating his office at the expiration of the term thereof,
a member shall be eligible for re-appointment.

(5) A member of the Committee may resign his membership by giving
notice in writing signed by him to the Minister.

(6) The Committee may make rules for regulating their quorum and
proceedings.

(7) Before requiring any returns or estimates to be furnished under
this Act, the Ministry [or a competent authority] shall consult the
Committee as to

(a)the matters about which, the extent to which, and the form in
which, persons carrying on undertakings are to be required to
furnish returns or estimates;

(b)the purposes for which the returns or estimates furnished in
pursuance of the requirement are to be used; and

(c)the extent (if any) to which the returns or estimates furnished
as aforesaid are to be disclosed to other Government departments;

Report to Parliament.

STATISTICS OF TRADE ACT (NORTHERN IRELAND) 1949 - SECT 6

6. As soon as may be after any census of production under this
Act is completed, the Ministry shall lay before each House of
Parliament a report of its proceedings in connection with the taking
of the census and a summary of the statistics obtained, including,
if the Ministry thinks fit, any statistics obtained... otherwise than
by means of a census under this Act.

STATISTICS OF TRADE ACT (NORTHERN IRELAND) 1949 - SECT 7
Disclosure of information.

7.(1) No individual estimate or return, and no information relating
to an individual undertaking, obtained under the foregoing provisions
of this Act shall, without the previous consent in writing of the
person carrying on the undertaking which is the subject of the
estimate, return or information, be disclosed except, subject to the
provisions of section five of this Act,

(a)in accordance with directions given by the Minister [or, where
the estimate, return or information is in the possession of a
competent authority, by the Minister in charge of that authority,]
to another Government department for the purpose of the exercise by
that department of its functions;

(b)without prejudice to the generality of the provisions of the
preceding paragraph, in accordance with such directions as aforesaid,
to the Board of Trade for the purpose of the preparation of a
census relating to the United Kingdom as a whole;

Para.(c) rep. by 1958 c.6 s.16 sch.7

(d)for the purposes of any proceedings for an offence under this
Act, or any report of those proceedings.

(2) Every person employed by the Ministry in connection with the
taking of a census under this Act or [by the Ministry or a
competent authority in connection] with estimates or returns furnished
under this Act, shall be required to make a declaration in the
prescribed form that he will not, otherwise than in accordance with
the provisions of this Act or of any order made thereunder, make
use of, disclose to any person not similarly employed, or permit
any person not similarly employed to see, the contents of any
individual estimate or return or any part thereof.

(3) If any information to be obtained for the purposes of a census
under this Act is also obtainable under any other enactment which
restricts the disclosure of information obtained thereunder, and the
Ministry is of opinion that similar restrictions should be applied
to any information to be obtained for the purposes of the census,
the Ministry shall by order provide for the application without
modifications or with such adaptations or modifications as it thinks
fit, of those restrictions to the information to be so obtained, or
any part thereof, in addition to the restrictions imposed by this
section.

(4) Without prejudice to the provisions of the last preceding
sub-section, if it appears to the Ministry that

(a)the nature of the information to be obtained for the purposes of
a census under this Act; or

(b)the nature of the undertakings to be covered by the census;

(5) The following provisions shall have effect with respect to any
report, summary or other communication to the public of information
obtained under the foregoing provisions of this Act:

(a)no such report, summary or communication shall disclose the number
of returns received with respect to the production of any article
if that number is less than five;

(b)in compiling any such report, summary or communication the
Ministry [or a competent authority] shall so arrange it as to
prevent any particulars published therein from being identified as
being particulars relating to any individual person or undertaking
except with the previous consent in writing of that person or the
person carrying on that undertaking, as the case may be; but this
provision shall not prevent the disclosure of the total quantity or
value of any articles produced, sold or delivered, so, however, that
before disclosing any such total the Ministry [or a competent
authority] shall have regard to any representations made to it by
any person who alleges that the disclosure thereof would enable
particulars relating to him or to an undertaking carried on by him
to be deduced from the total disclosed.

STATISTICS OF TRADE ACT (NORTHERN IRELAND) 1949 - SECT 8
Offences.

8.(1) If any person required to furnish estimates, returns,
particulars or information under this Act fails to furnish those
estimates, returns, or particulars, or that information, he shall,
unless he proves that he had reasonable excuse for such failure, be
liable on summary conviction to a fine not exceeding ten pounds.

(2) If the failure in respect of which a person is convicted under
the preceding sub-section is continued after conviction, he shall be
guilty of a further offence and shall, on summary conviction
thereof, be liable to a further fine not exceeding five pounds in
respect of each day during which the offence continues.

(3) If any person in purported compliance with a requirement to
furnish estimates, returns, particulars or information, knowingly or
recklessly makes a statement in those returns, estimates or
particulars, or in giving that information, which is false in a
material particular, he shall, without prejudice to his liability
under any other enactment, be liable on summary conviction to a
fine not exceeding ten pounds.

(4) If any person who has made a declaration under sub-section (2)
of section seven of this Act, knowingly acts in contravention of
that declaration, he shall be guilty of an offence and shall be
liable, on summary conviction, to imprisonment for a term not
exceeding three months or to a fine not exceeding fifty pounds, or
on conviction on indictment to imprisonment for a term not exceeding
two years, or to a fine not exceeding five hundred pounds, or in
either case to both such imprisonment and such fine.

(5) Where any offence under the foregoing provisions of this section
has been committed by a body corporate, then, notwithstanding and
without prejudice to the liability of that body, every person who
at the time of such commission was a director, general manager,
secretary or other similar officer of the body corporate, or was
purporting to act in any such capacity, shall be liable to be
prosecuted as if he had personally committed that offence and shall,
if on such prosecution it is shown that he consented to or
connived at, or did not exercise all such diligence as he ought in
the circumstances to have exercised to prevent the offence having
regard to the nature of his functions in that capacity and to all
the circumstances, be liable to the like conviction and punishment
as if he had personally been guilty of that offence.

STATISTICS OF TRADE ACT (NORTHERN IRELAND) 1949 - SECT 9
Orders.

9.(1) The Ministry may by order make provision

[(a)for amending the Schedule by deleting any of the matters set
out therein or by adding to those matters any other matter];

[(b)]for prescribing either generally or with respect to any class
or description of persons or undertakings anything which under this
Act is to be prescribed;

[(c)]generally for carrying the purposes of this Act into effect.

(2) An order shall not be made under sub-section (3) of section
one or under section seven of this Act [or under sub-section
(1)(a)] unless a draft thereof has been laid before each House of
Parliament and approved by resolution of each such House.

(3) All orders made by the Ministry under this Act, other than
such orders as are referred to in the last preceding sub-section,
shall be laid before each House of Parliament as soon as may be
after they are made and if either such House, within the statutory
period next after the date on which any such order is laid before
such House, resolves that the order shall be annulled, the order
shall thereupon cease to have effect, but without prejudice to
anything previously done thereunder or to the making of a new
order.

In this section the expression "statutory period" means ....

definition in 1954 c.33(NI) s.41(2) substituted by 1979 NI12 art.10

(4) Any order under this Act may be revoked or varied by a
subsequent order made in like manner and subject to the like
conditions as the original order.

STATISTICS OF TRADE ACT (NORTHERN IRELAND) 1949 - SECT 10
Notices.

10.(1) Any notice required or authorised by or under this Act to
be served on any person may be served either

(a)by delivering it to that person;

(b)by leaving it at his proper address; or

(c)by post;

(2) Any such notice required or authorised to be served upon an
incorporated company or body shall be duly served if it is served
on the secretary or clerk of the company or body.

(3) For the purposes of this section and of section twenty-six of
the Interpretation Act, 1889 (which relates to the service of
documents by post) the proper address of any person on whom such a
notice as aforesaid is to be served shall as respects the secretary
or clerk of an incorporated company or body be that of the
registered or principal office of the company or body, and in any
other case be the last known address of the person to be served.

(4) Where the name of the person carrying on an undertaking at any
premises is not known, then if such notice as aforesaid is sent by
post in a registered letter so addressed as to show the name in
which and the premises at which the undertaking is carried on, the
letter shall be deemed for the purposes of the said section
twenty-six to be properly addressed.

STATISTICS OF TRADE ACT (NORTHERN IRELAND) 1949 - SECT 11
Expenses.

11. Any expenses incurred with the approval of the Ministry of
Finance by the Ministry for the purposes of this Act shall be
defrayed out of moneys provided by Parliament.

STATISTICS OF TRADE ACT (NORTHERN IRELAND) 1949 - SECT 12
Interpretation, etc.

12.(1) In this Act the expression "undertaking" means any undertaking
by way of trade or business..., whether or not the trade or
business is carried on for profit; and the exercise and performance
by a local or other public authority of the powers and duties of
that authority shall be treated as a trade or business of that
authority.

(2) Where an undertaking is wholly or partly carried on by means
of branches situated at several premises, the Ministry [or a
competent authority] may agree with the persons carrying on the
undertaking that for the purposes of all or any of the provisions
of this Act a separate undertaking shall be deemed to be carried
on at all or any of the branches by the branch manager or such
other person as may be specified in the agreement.

Any such agreement may contain such supplemental provisions as may
be expedient for giving effect thereto and shall continue in force
for such term and shall be subject to such provisions as to
variation and revocation as may be specified in the agreement.

[(2A) In this Act the expression "competent authority" means any
department of the Government of Northern Ireland other than the
Ministry.]

(3) References in this Act to Government departments shall include
references to departments of the Government of the United Kingdom.

(4) References in this Act to articles shall be construed as
including references to substances, plant, vehicles, vessels and
animals, and as including references to water, gas and electricity;
and the expression "plant" includes any machinery, equipment or
appliance.

Subs.(5)(6) rep. by 1954 c.33 (NI) s.48(1) sch.

STATISTICS OF TRADE ACT (NORTHERN IRELAND) 1949 - SECT 13
Short title.

13.(1) This Act may be cited as the Statistics of Trade Act
(Northern Ireland), 1949.

Subs.(2) rep. by SLR (NI) 1953$$#

MARKETING OF POULTRY ACT (NORTHERN IRELAND) 1949

MARKETING OF POULTRY ACT (NORTHERN IRELAND) 1949 - LONG TITLE

An Act to provide for the maintenance of proper standards of
quality in connection with the marketing of poultry in certain
cases, and for the licensing of persons engaged in such marketing;
and for purposes connected with the matters aforesaid.
[11th August 1949]
Licensing of wholesale dealers in poultry.

MARKETING OF POULTRY ACT (NORTHERN IRELAND) 1949 - SECT 1

1.(1) The Ministry of Agriculture (in this Act referred to as "the
Ministry") may, subject to such conditions as may be prescribed,
issue in respect of the sale of poultry by wholesale (as defined
in this Act) the several licences referred to in the first column
of the Schedule to this Act (in this Act respectively referred to
as class A licences, class B licences, [class C licences and class
D licences]) for the purposes respectively set forth in the second
column of that Schedule,...

(2) An application for a licence under this section (in this Act
referred to as "a licence") shall be in such form as may be
prescribed.

(3) The Ministry, on receiving an application for a licence, may
before issuing the licence cause an inspection to be made by an
authorised officer of the premises proposed to be used for the
purposes of the trade or business in respect of which the
application is made.

(4) An application duly made for the issue of a licence may be
refused on the ground that

(a)the applicant was at any time a licence-holder whose licence has
been revoked;

(b)the trade or business of the applicant is one in respect of
which a licence previously subsisted and has been revoked;

(c)the premises used for the purposes of the trade or business of
the applicant are wholly or partly the same as those used for the
purposes of a trade or business in respect of which a licence
previously subsisted and has been revoked;

(d)the applicant is a person who has been convicted of an offence
under this Act; or

(e)the Ministry is not satisfied that the premises used for the
purposes of the trade or business of the applicant comply or
(regard being had to any alterations or additions which it is
proposed to make respecting the premises or the buildings or plant
thereon) will be made to comply, with such requirements as shall be
prescribed;

(5) A licence shall be in such form as may be prescribed, and
shall contain a statement specifying the name and address of the
licence-holder, and particulars of the premises used for the purposes
of the trade or business in respect of which it is issued.

(6) A licence shall, unless suspended or revoked under section four
of this Act, or surrendered by the licence-holder, remain in force
until such date next after the date on which it is granted, as
shall be prescribed, but shall be renewable annually, and the
provisions of this Act shall apply to the renewal thereof as they
apply to the grant thereof.

(7) A person other than a licence-holder shall not sell or cause
or permit to be sold any poultry by wholesale.

(8) A person shall not purchase, or cause or permit to be
purchased, any poultry by wholesale except from a licence-holder.

MARKETING OF POULTRY ACT (NORTHERN IRELAND) 1949 - SECT 2
Standard of quality, etc., of poultry for export.

2.(1) [Subject to sub-section (2A) of this section, a person] shall
not by way or in the course of any trade or business take or
send or attempt to take or send, or cause or permit to be taken
or sent, any poultry from Northern Ireland to Great Britain, [the
Republic of Ireland] or the Isle of Man unless he is the holder
of a permit issued by the Ministry under this section (in this Act
referred to as "a permit").

[(2) Permits shall be in such form as may be prescribed and may
be issued

(a)in respect of dead poultry, only to producers or holders of
Class A licences;

(b)in respect of live poultry, to any person making application
therefor;

(2A) A person shall not be required to obtain a permit in respect
of live poultry where the number of live poultry being taken or
sent by him from Northern Ireland in any one consignment does not
exceed such number as may be prescribed.]

(3) The provisions of sub-sections (3) and (4) of the preceding
section shall have effect in relation to permits as they have
effect in relation to licences.

Subs.(4) rep. by 1977 NI12 art.22 sch.3

MARKETING OF POULTRY ACT (NORTHERN IRELAND) 1949 - SECT 3
Register of wholesale poultry dealers.

3. The Ministry shall for the purposes of this Act cause to be
kept a register (in this Act referred to as "the register") and in
respect of every licence issued shall cause to be entered in the
register

(a)the full name, address and description of the licence-holder;

(b)particulars of the premises used for the purposes of the trade
or business in respect of which the licence is issued;

(c)such other particulars as shall for the time being be prescribed.

MARKETING OF POULTRY ACT (NORTHERN IRELAND) 1949 - SECT 4
Revocation, suspension, etc., of licences and permits.

4.(1) The Ministry may revoke or suspend or refuse to renew a
licence by reason

Para.(a) rep. by 1977 NI12 art.22 sch.3

(b)of the non-compliance of the licence-holder with any condition
attached thereto; or

(c)that the licence-holder has been convicted of an offence against
this Act; [or

(d)that there are reasonable grounds for concluding that the
licence-holder cannot be relied upon to pay for poultry supplied to
him.]

(2) The provisions of the preceding sub-section shall have effect in
respect of holders of permits as they have effect in respect of
licence-holders.

(3) Where a licence is revoked or suspended, any permit granted to
the holder of that licence shall be deemed to have been revoked.

[(4) Where the Ministry revokes or suspends or refuses to renew a
licence or permit the Ministry shall thereupon serve on the person
to whom the licence or permit was granted a notice stating on
which of the grounds specified in sub-section (1) of this section
the decision to revoke, suspend or not to renew was taken.

(5) Any person on whom a notice is served under sub-section (4) of
this section may, within twenty-eight days of the service of the
notice, appeal to the county court against the revocation, suspension
or refusal to renew.]

MARKETING OF POULTRY ACT (NORTHERN IRELAND) 1949 - SECT 5
Purchase of poultry by weight.

5. Subject to such exceptions as may be prescribed, a person shall
not purchase, or cause or permit to be purchased, any poultry
otherwise than by weight, and in terms of and by reference to
imperial standard pounds and ounces.

MARKETING OF POULTRY ACT (NORTHERN IRELAND) 1949 - SECT 6
Records and returns.

6.(1) Licence-holders and holders of permits shall keep such records
and shall furnish to the Ministry [or a person duly authorised for
the purpose by the Ministry] in the prescribed manner and at the
prescribed times such returns [and other documents] as may be
prescribed. Any such records shall be open to inspection at all
reasonable times by a duly authorised officer of the Ministry. If
the licence-holder or holder of a permit wilfully makes default in
complying with the requirements of this sub-section, or if he makes
any false or fraudulent statement in any record or return [or
document] kept or furnished in pursuance of this sub-section, he
shall be guilty of an offence under this Act.

(2) No individual return or part of a return [and no other
document or part of a document] furnished under this section shall
be published or disclosed except for the purposes of a prosecution
under this Act.

MARKETING OF POULTRY ACT (NORTHERN IRELAND) 1949 - SECT 7
Enforcement.

7.(1) Any officer of the Ministry acting in the execution of this
Act shall, without prejudice to any other provision of this Act,
have power

(a)to enter at all reasonable times any premises owned or occupied
for the purpose of his business by a licence-holder or holder of a
permit, and to inspect any process in connection with the purchase,
preparation and sale by wholesale of poultry, or any poultry being
in his possession for the purpose of his business;

(b)to take for the purpose of expert examination, samples of poultry
found in his possession for the purpose of his business.

(2) If the Ministry has reason to believe that wholesale
transactions in poultry are carried on by any person not a
licence-holder or holder of a permit, the Ministry may specially
authorise any of its officers to enter the premises of that person,
and in such cases the officer shall have the like powers of entry,
inspection or taking samples as if the premises were owned or
occupied by a licence-holder or holder of a permit. An officer of
the Ministry shall not be entitled to exercise any of his powers
under this sub-section unless he produces his special authority, if
requested to do so by or on behalf of the owner or occupier of
the premises to be entered.

(3) An officer of the Ministry duly authorised by the Ministry in
that behalf either generally or in respect of a particular occasion,
shall have power to enter at all reasonable times

(a)the premises of any person engaged in the business of carrying
goods for reward;

(b)any pier, quay, wharf, jetty, dock or dock premises;

(c)any ship, boat, railway waggon, motor lorry, cart or other vessel
or vehicle used for the conveyance of goods; and

(d)any aerodrome or premises used in connection therewith, or any
aircraft;

(4) An officer of the Ministry duly authorised under the preceding
sub-section shall have the following powers

(a)to remove for the purpose of examination, cases of poultry from
any premises, vessel, vehicle or aircraft which such officer has
power to enter under the said section;

(b)to detain in his custody, for so long as may be necessary for
the purpose of examination, cases of poultry removed as aforesaid;

(c)to remove from a case of poultry forming part of any consignment
any poultry being in that case in contravention of the requirements
of this Act or the rules made thereunder, or any poultry reasonably
required as samples for examination.

(5) Where any case of poultry is examined by an officer under the
preceding sub-sections (3) or (4) of this section, the case shall
be marked by an officer to that effect, and such mark shall be
deemed to be sufficient notification to the consignee that the case
has been so examined, and the Ministry shall notify the consignor
of the examination.

(6) Where an examination of a consignment of poultry is made under
sub-section (3) or (4) of this section, and the Ministry is
satisfied that the consignment or any part thereof does not conform
to the standards prescribed under this Act, the Ministry may direct
that such consignment or part thereof shall be returned to the
consignor, at his expense, at the place from which it was
consigned, or if the Ministry approves at such place as the
consignor may elect.

(7) Where any poultry has been removed from a consignment under
paragraph (c) of sub-section (4) of this section, the poultry shall,
except such as are reasonably required as samples, be delivered to
the consignor at the place of examination or at any other such
place as the Ministry may elect, or, if the consignor fails to
take delivery at such place, shall be sold and the proceeds, less
any expenses incurred by the Ministry in connection with the removal
or sale, shall be paid to the consignor at such times and in such
manner as the Ministry may fix.

(8) An authorised officer of the Ministry, acting in the exercise
of any power conferred upon him by this section on any premises of
a person carrying goods for reward, shall comply with such
reasonable requirements of such person as are necessary to prevent
any obstruction of or interference with the working of the traffic
thereat; and such a person shall not be liable for or on account
of any loss or damage arising from the exercise by any such
officer of any power conferred as aforesaid.

(9) Nothing in this section shall be construed as authorising
anything to be done to the prejudice of any powers of a carrier
to secure payment of freight charges in respect of anything carried
by him.

(10) Any person who obstructs or impedes an authorised officer of
the Ministry in the exercise of any power conferred on him by this
section shall be liable on summary conviction to the penalties
specified in sub-section (8) of this section.

(11) Any person who faudulently alters or uses, or causes or
permits to be fraudulently altered or used, any licence, permit or
other document granted or issued under or by virtue of this Act
shall be liable on summary conviction to the penalties specified in
the next succeeding sub-section.

(12) Any person who acts in contravention of or neglects or fails
to comply with any provision of this Act or of any regulation made
thereunder shall on summary conviction be liable

(a)for a first offence, to a fine not exceeding twenty pounds;

(b)for a second or any subsequent offence, to a fine not exceeding
fifty pounds;

(13) Where an offence under this Act was committed by a body
corporate and is proved to have been so committed with the consent
or approval, or to have been facilitated by any neglect or default
on the part, of any director, manager, secretary or other officer
thereof, such director, manager, secretary or other officer shall be
deemed to be guilty of such offence and shall be liable to be
proceeded against and punished accordingly.

(14) All offences under this Act shall be prosecuted, and all fines
in respect thereof shall be recovered, in manner provided by the
Summary Jurisdiction Acts (Northern Ireland).

(15) A prosecution for an offence under this Act shall not be
instituted otherwise than by or with the consent of the Ministry,
except

(a)a prosecution for an offence committed by an officer of the
Ministry;

(b)a prosecution by a [district council] for an offence against this
Act which is also an offence against any enactment relating to the
sale of food or the public health and enforceable by such
[council]:

Provided that no person shall be liable to be punished more than
once for any such offence as is referred to in paragraph (b) of
this sub-section.

MARKETING OF POULTRY ACT (NORTHERN IRELAND) 1949 - SECT 8
Expenses.

8. Any expenses incurred in the administration of this Act, to such
amount as may be approved by the Ministry of Finance, shall be
paid out of moneys provided by Parliament;...

MARKETING OF POULTRY ACT (NORTHERN IRELAND) 1949 - SECT 9
Regulations.

9.(1) The Ministry may make regulations prescribing anything which
under this Act is to or may be prescribed, and anything necessary
or expedient for giving full effect to the provisions of this Act.

(2) All regulations made under this Act shall, as soon as may be
after they are made, be laid before each House of Parliament. If
either such House within the statutory period next after any such
regulations have been so laid resolves that the regulations shall be
annulled, those regulations shall, after the date of the resolution,
be void, but without prejudice to the validity of anything done
thereunder or to the making of new regulations.

MARKETING OF POULTRY ACT (NORTHERN IRELAND) 1949 - SECT 10
Interpretation.

10.(1) In this Act, unless the context otherwise requires, the
expression

"consignment," in relation to poultry, means a quantity intended to
be, or in the course of being, taken or sent by any person from
a place in Northern Ireland;

"licence-holder" means a person to whom a licence has been issued;

"package" includes case;

"poultry" means domestic fowl, ducks, geese or turkeys, but does not
include recently-hatched poultry sold under the designation "day-old
chickens";

"prescribed" means prescribed by regulations;

"producer," in relation to any poultry, means the person who has
reared that poultry or who, immediately before the sale thereof, had
that poultry in his possesion for the purpose of rearing, breeding
or the production of eggs;

"regulations" means regulations made by the Ministry under this Act;

"sale by wholesale" means sale otherwise than by a retailer to a
consumer but does not include sale by a producer, and grammatical
variations of that expression, and the expression "purchase by
wholesale," shall be construed accordingly;

"statutory period" means...

definition in 1954 c.33 (NI) s.41(2) substituted by 1979 NI12 art.10

Subs. (2) rep. by 1954 c.33 (NI) s.48(1) sch.

MARKETING OF POULTRY ACT (NORTHERN IRELAND) 1949 - SECT 11
Short title.

11. This Act may be cited as the Marketing of Poultry Act
(Northern Ireland) 1949...$$#

FINANCE ACT (NORTHERN IRELAND) 1949

FINANCE ACT (NORTHERN IRELAND) 1949 - LONG TITLE

An Act to amend the law relating to death duties, stamp duties,
entertainments duty and certain other duties of excise; to make
provision with respect to certain excise licences and otherwise to
amend the law relating to the public revenue and to make further
provision in connection with finance.
[11th August 1949]
Part I (ss.17)Death Duties

Abolition of and exemptions from certain stamp duties.

FINANCE ACT (NORTHERN IRELAND) 1949 - SECT 8

8.(1) In relation to instruments made or executed on or after the
date of the passing of this Act, the Stamp Act, 1891, shall have
effect as if it had been enacted

(a)without the headings or parts of headings in the First Schedule
thereto which are mentioned in Part I of the Second Schedule to
this Act (and are not so mentioned only in an exemption); but

(b)with the exemptions provided for by the said Part I.

Subs.(2) rep. by SLR 1980; subs.(3) rep. by 1959 c.9 (NI) s.17(2)
sch.3 Pt.II

FINANCE ACT (NORTHERN IRELAND) 1949 - SECT 9
Amendment of s.12 of Finance Act, 1895.

9.Subs.(1)(3) rep. by 1956 c.11 (NI) s.9(1) sch. Pt.I

(4) Section twelve of the Finance Act, 1895 (which relates to duty
on property vested by Act or purchased under statutory powers),
shall not require any person who is authorised after the coming
into force of this section to purchase any property as mentioned in
the said section twelve to include in the instrument of conveyance
required by that section to be produced to the Ministry any goods,
wares or merchandise forming part of the property nor, if the
property consists wholly of goods, wares or merchandise, to produce
any instrument of conveyance thereof to the Ministry.

S.10 amends s.10 of 1948 c.15 (NI)

Part III (ss.11,12) rep. by 1949 c.23 (NI) s.13 sch.2

Part IVS.13 spent. S.14 rep. by 1953 c.23 (NI) s.6 sch. S.15 rep.
by 1950 c.3 (NI) s.38(2) sch.4 Pt.II

S.16, with Fourth Schedule, effects repeals

FINANCE ACT (NORTHERN IRELAND) 1949 - SECT 17
Short title and construction.

17.(1) This Act may be cited as the Finance Act (Northern Ireland),
1949.

(2) ... Death Duties..., Part II of this Act shall be construed as
one with the Stamp Act, 1891, ....

Subs.(3)(4) rep. by 1954 c.33 (NI) s.48(1) sch.

First ScheduleDeath Duties

Paras. 13 rep. by SLR (NI) 1953

4. ... (an instrument of apprenticeship shall be exempt from all
stamp duties).

5. ... (articles of clerkship to a solicitor shall be exempt from
all stamp duties).

Paras. 6,7 rep. by SLR (NI) 1953

8. The heading Bond given pursuant to the directions of any Act...;
(an instrument described in either of these headings shall be exempt
from all stamp duties).

9. ... (a charter party shall be exempt from all stamp duties).

Paras. 1015 rep. by SLR (NI) 1953

16. The headings Letter of Allotment and Letter of Renunciation, and
Scrip Certificate, Scrip or other document; (an instrument described
in either of these headings shall be exempt from duty... under the
heading Deed of any kind whatsoever not described in this
Schedule...).

17. Paragraph (1) of the heading Letter or Power of Attorney; (an
instrument described in this paragraph shall be exempt from duty
under any other paragraph of this heading).

Paras. 1825 rep. by SLR (NI) 1953

26. The heading Warrant for Goods;....

Part II rep. by SLR 1980

Third Schedule rep. by 1949 c.23 (NI) s.13 sch.2. Fourth
ScheduleRepeals