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The Sea Fishing (Illegal, Unreported and Unregulated Fishing) Order (Northern Ireland) 2018

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Obtaining samples and analysis etc

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19.—(1) An authorised officer may, for the purposes of ascertaining whether any offence under this Order or an equivalent provision has been committed, purchase or take a sample of any fish or fishery products.

(2) If an authorised officer considers that the sample should be analysed, examined or tested, the officer shall submit it for that purpose to the public analyst for the area in which it was obtained or, if the office of the public analyst for the area is vacant, to the public analyst for some other area.

(3) The public analyst shall —

(a)ensure that the sample is analysed, examined or tested as soon as practicable; and

(b)give the person who submitted the sample a certificate specifying the result.

(4) In any proceedings, the production by one of the parties—

(a)of a document purporting to be a certificate under paragraph (3)(b); or

(b)of a document supplied to the party by the other party as being a copy of such a certificate,

is evidence of the facts stated in it unless, in a case falling within sub-paragraph (a), the other party requires that the public analyst be called as a witness.

(5) If, in any proceedings for an offence under this Order or an equivalent provision, a person charged intends to produce a certificate of a public analyst or require, under paragraph (4), the public analyst to be called as a witness, written notice of that intention together with a copy of the certificate (if appropriate) shall be given to the other party at least three clear days before the hearing.

(6) If such notice is not given, the court may adjourn the proceedings on such terms as it thinks fit.

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