[Home] [Databases] [World Law] [Search] [Feedback]
	Northern Irish Legislation
You are here:  BAILII >> Databases >> Northern Irish Legislation >> HORTICULTURE ACT (NORTHERN IRELAND) 1966

[Index] [Table] [Search] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

HORTICULTURE ACT (NORTHERN IRELAND) 1966 - SECT 5

Pleading of warranty as defence.

5.(1) Subject to the provisions of this section, where in proceedings for an
offence in relation to any produce under [section 3(1)(2)(5) or (6)] it would
have been a defence for the person charged to prove that the produce conformed
to a prescribed grade, it shall be a defence for him to prove

(a)that he brought or took delivery of the produce as being of a quality
falling within that grade, and with a written warranty to that effect; and

(b)that at the time of the commission of the offence he had no reason to
believe the statement contained in the warranty to be inaccurate, that he then
did believe in its accuracy and that he had taken such steps, if any, as were
reasonably practicable to check its accuracy; and

(c)that he took all reasonable steps to ensure that the quality of the produce
was the same at the time of the commission of the offence as when it left the
possession of the person from whom the warranty was received.

(2) Where the proceedings are in respect of an offence committed by the person
charged in the course of his employment, it shall be a defence for him to
prove

(a)that if his employer had been charged the employer would have had a defence
under subsection (1) in respect of a warranty; and

(b)that at the time of the commission of the offence the person charged had no
reason to believe the statement contained in the warranty to be inaccurate.

(3) Where the person charged intends to set up a defence under this section he
shall, not later than three days before the date of the hearing,

(a)send to the prosecutor a copy of the warranty with a notice stating that he
intends to rely on it and specifying the name and address of the person by
whom it is alleged to have been given; and

(b)send to the last-mentioned person a notice giving the date and place of the
hearing and stating that he intends to rely on the warranty.

(4) The person by whom the warranty is alleged to have been given shall be
entitled to appear at the hearing and give evidence.

(5) If the person charged in any such proceedings as aforesaid wilfully
attributes to any produce a warranty given in relation to any goods not
including that produce, he shall be guilty of an offence.

[(6) For the purposes of this section any grade or standard of quality entered
in an invoice or certificate relating to any produce or indicated by a label
affixed to the produce or a package or freight container containing the
produce shall be deemed to be a written warranty that the produce conforms to
the standard of quality so entered or indicated.]

© 1966 Crown Copyright

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.bailii.org/nie/legis/num_act/hai1966339/s5.html