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FACTORIES ACT (NORTHERN IRELAND) 1965 - SECT 161

Power of person primarble to exempt himself from liability.

161.(1) A person charged with an offence under this Act shall be entitled,
upon information duly laid by him and on giving to the prosecution not less
than three days' notice in writing of his intention, to have any other person
whom he charges as the actual offender brought before the court at the time
appointed for the hearing of the charge; and if, after the commission of the
offence has been proved, the first-mentioned person proves to the satisfaction
of the court

(a)that he has used all due diligence to enforce the execution of this Act and
of any relevant order or regulation made thereunder; and

(b)that the said other person had committed the offence in question without
his consent, connivance, or wilful default;

(2) The prosecution shall have the right in any such case to cross-examine the
first-mentioned person if he gives evidence and any witnesses called by him in
support of his charge, and to call rebutting evidence.

(3) When it is made to appear to the satisfaction of an inspector at the time
of discovering an offence

(a)that the person who would be proceeded against apart from this subsection
has used all due diligence to enforce the execution of this Act; and

(b)by what person the offence has been committed; and

(c)that it has been committed without the consent, connivance or wilful
default of the first-mentioned person and in contravention of his orders,

Proceedings against persons not primarily liable.

© 1965 Crown Copyright

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