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CONTROL OF FERTILISERS ACT (NORTHERN IRELAND) 1953 - SECT 5

Offences.

5.(1) Any person

(a)who acts in contravention of or neglects or fails to comply with any
provision contained in this Act or in any regulation made thereunder, or who
acts in contravention of or neglects or fails to comply with the conditions of
any licence issued for the purposes of this Act; or

(b)who obstructs or impedes an authorised officer in the exercise of any of
his functions under this Act or any regulation made under this Act;

(2) Any person who

(a)being required to furnish any information under or for the purposes of
this Act or any regulation made thereunder furnishes any information which, to
his knowledge, is false in a material particular; or

(b)makes any statement which, to his knowledge is false in a material
particular;

(3) Where an offence against this Act which has been committed by a body
corporate is proved to have been committed with the consent or connivance of,
or to be attributable to any neglect on the part of, any director, manager,
secretary or other similar officer of the body corporate, or any person
purporting to act in any such capacity, he as well as the body corporate shall
be guilty of that offence and shall be liable to be proceeded against and
punished accordingly.

(4) Subject to the provisions of sub-section (5) of this section, all offences
against this Act shall be prosecuted and all fines thereunder shall be
recovered in manner provided by the Summary Jurisdiction Acts (Northern
Ireland).

(5) Notwithstanding any provision in any enactment prescribing the period
within which summary proceedings may be commenced, proceedings for an offence
against this Act may be commenced at any time within the period of twelve
months from the date on which evidence, sufficient in the opinion of the
Ministry to justify a prosecution for the offence, comes to its knowledge.

(6) For the purposes of the last preceding sub-section, a certificate
purporting to be signed by the Minister of Agriculture 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.

(7) A prosecution for an offence against this Act shall not be instituted
except by or with the consent of the Ministry or the Attorney-General.

S.6 rep. by SLR 1980


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© 1953 Crown Copyright

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