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You are here: BAILII >> Databases >> Northern Irish Legislation >> MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 |
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Licences for export of potatoes. 2.(1) Subject to subsection (2), the Ministry of Agriculture (in this Act referred to as "the Ministry") shall, on application being made to it by any person in accordance with subsection (3) and on payment of the fee and sum specified in subsection (4), issue to that person a licence (in this Act referred to as "a potato shipping licence") authorising him, upon such conditions as may be specified in the licence, to send potatoes out of Northern Ireland. (2) The Ministry may refuse to issue a licence under subsection (1) to an applicant who gives false information in his application or who formerly held a licence under this Act or under any Act repealed by this Act and whose licence has been revoked. (3) An application for a potato shipping licence shall be in the prescribed form and shall be made to the Ministry at such time and in such manner as may be prescribed. (4) An applicant for a potato shipping licence shall, at the time at which the application is made, pay to the Ministry (a)a fee of such amount not exceeding fifteen pounds as may, with the approval of the Ministry of Finance, be prescribed; and (b)a sum of such amount not exceeding forty-five pounds as may be prescribed which shall, in the event of a licence being issued, be placed to the credit of the applicant as a payment on account of the fees payable by him under section 3(3). (5) Where an application for a potato shipping licence is refused the Ministry shall repay to the applicant the amount of the fee and sum paid by him under subsection (4). (6) A potato shipping licence shall be in the prescribed form and shall, unless suspended by the Ministry under subsection (9) or revoked by the Ministry under subsection (10), be in force from 1st August in the year in which it is issued until 31st July next following or for such other period of twelve months as the Ministry may decide but shall be renewable annually and the same provisions shall apply to the renewal of the licence as apply to the original granting thereof. (7) Where the fees payable by the holder of a potato shipping licence under section 3(3) in respect of the period for which the licence is issued are less than the sum paid by him on account of those fees under subsection (4)(b) of this section, the balance remaining in the hands of the Ministry shall be paid into the Exchequer. (8) The Ministry may from time to time amend the conditions specified in a potato shipping licence but no such amendment shall have effect unless and until it has been brought to the notice of the holder of the licence. (9) Where the Ministry has reason to suspect that the holder of a potato shipping licence has contravened the provisions of this Act or regulations made thereunder or any condition of the licence, the Ministry may, pending investigation of the suspected contravention and on giving notice in writing to the holder, suspend the licence but, within a period of twenty-eight days from the day on which the licence is suspended, the Ministry shall either remove the suspension or revoke the licence under subsection (10). (10) The Ministry may revoke or refuse to renew a potato shipping licence by reason of the contravention by the holder of the licence of any of the provisions of this Act or regulations made thereunder or of any condition of the licence and where the Ministry revokes or refuses to renew a licence (a)the Ministry shall, by registered post or by recorded delivery service, send notice of the revocation or refusal to renew to the person whose licence has been revoked or, as the case may be, the person the renewal of whose licence has been refused and such notice shall inform that person of his right of appeal under paragraph (b) and of the time within which the appeal may be brought; (b)the person whose licence has been revoked or the renewal of whose licence has been refused may, within twenty-eight days from the date on which a notice under paragraph (a) is received by him, appeal to the county court on the ground that there has not been any such contravention as aforesaid or that the contravention has been of such a trivial or inadvertent nature that the licence should not be revoked or withheld; (c)the county court in deciding an appeal brought under paragraph (b) shall state the reasons for its decision and that decision shall be final. (11) The Ministry shall, on the payment of a fee of [25p], issue to any person a certified copy of a potato shipping licence held by him. (12) Where a licence is suspended or revoked, the holder shall, within three days of receiving a request for its return to the Ministry, return the licence to the Ministry together with any certified copies thereof issued to him under subsection (11). (13) Licences issued under the Marketing of Potatoes Acts (Northern Ireland) 1928 to 1938 and in force immediately before the date of the coming into operation of this Act shall cease to be in force on that date but shall be renewable under this Act and subsection (10) shall apply to any such licence in like manner as it applies to a licence issued under this Act.
© 1964 Crown Copyright
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