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Marketing of Potatoes Act (Northern Ireland) 1964

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13Offences and prosecutions.N.I.

(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 thereunderF1...; or

(b)in connection with[F1 the issue of a certificate under this Act]F1 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 anyF1... certificateF1... or other document issued under this Act or any seal, mark or indication prescribed under, or used for the purposes of, this Act;F1...

Para. (d) rep. by 1997 NI 22

shall, without prejudice to the provisions of [F2 Article 10 of the Perjury (Northern Ireland) Order 1979 [1979 NI 19] ], be guilty of an offence against this Act and shall be liable on summary convictionF3... to a fine not exceeding[F3 level 5 on the standard scale]F3 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[F4 ware potatoes]F4 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;

shall be guilty of an offence against this Act and shall be liable on summary conviction to a fine not exceeding[F3 level 3 on the standard scale]F3.

(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.

Subs. (6) rep. by 1997 NI 22

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F11997 NI 22

F21979 NI 19

F31984 NI 3

F41984 NI 2

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