POULTRY IMPROVEMENT ACT (NORTHERN IRELAND) 1968

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POULTRY IMPROVEMENT ACT (NORTHERN IRELAND) 1968 - SECT 16

Short title.

16. This Act may be cited as the Poultry Improvement Act (Northern Ireland)
1968.1. An application for a licence shall be in such form as the Ministry may
require, and shall be made to the Ministry at such time and in such manner as
may be prescribed.

2.(1) An applicant for a licence with respect to premises where a business
involving an activity of any class or description to which section 2(1)
applies is carried on shall, at the time at which the application is made, pay
to the Ministry a fee of such amount as may, with the approval of the Ministry
of Finance, be prescribed for licences with respect to premises used in
connection with businesses involving activities of that class or description.

(2) A fee prescribed under sub-paragraph (1) may be of a specified amount or
may be calculated by reference to the amount or quantity of poultry or eggs
produced, or capable of being produced, in the premises in question.

(3) The Public Offices Fees Act 1879 (fees payable in public offices to be
collected in money or by stamps as the Ministry of Finance by order published
in the Belfast Gazette directs) shall not apply to a fee payable under this
paragraph.

3. The Ministry may refuse to issue a licence

(a)to an applicant who in his application gives information which is false or
incomplete in a material particular; or

(b)to an applicant who formerly held a licence and whose licence has been
revoked or renewal of whose licence has been refused; or

(c)if the premises with respect to which the application is made are wholly or
partly the same as those used for purposes in connection with which a licence
previously held by another person has been revoked or refused to be renewed
and the Ministry is not satisfied that the business in connection with which
the licence is applied for is not carried on or to be carried on wholly or
partly for the benefit of that other person; or

(d)if the Ministry is not satisfied

(i)that the premises with respect to which application for the licence is made
and the plant, equipment and utensils to be used in or in connection with the
premises comply with the prescribed standards; and

(ii)that the standard of husbandry practised or likely to be practised in the
premises is adequate.

4. A licence shall, unless suspended under paragraph 6 or revoked under
paragraph 7, be in force for such year or such other period as the Ministry
may direct, but shall be renewable; and, subject to paragraph 7, this Schedule
shall apply to the renewal of a licence as it applies to the grant thereof.

5. The Ministry may amend any conditions specified in a licence but no such
amendment shall have effect until it has been brought to the notice of the
licence-holder.

6.(1) The Ministry may suspend a licence where, following an inspection by an
authorised officer of the premises, plant, equipment, utensils or practice of
the licence-holder, it appears to the Ministry that the prescribed standards
are not being observed or that the standard of husbandry is inadequate, but
that the prescribed standards could be observed, or that there is reason to
believe that the standard of husbandry will be rendered adequate, within a
reasonable period.

(2) When the Ministry suspends a licence, the Ministry shall serve on the
licence-holder

(a)notice in writing of the suspension; and

(b)particulars of the action which appears to the Ministry to be necessary to
bring his premises, plant, equipment or utensils into conformity with
the prescribed standards or to render his standard of husbandry adequate;

(3) Where the licence-holder is of the opinion that any action of which
particulars are served on him under head (b) of sub-paragraph (2) is
unreasonable, he may require a fresh inspection of his premises, plant,
equipment, utensils or practice by an authorised officer other than the
officer who made the inspection mentioned in sub-paragraph (1); and on receipt
of the report of such other officer the Ministry shall review the suspension
and the particulars served under the said head (b), having regard to that
officer's report and any further representations which may be made by the
licence-holder.

(4) The suspension of a licence under this paragraph shall, in the first
instance, have effect for twenty-eight days or such shorter period as
the Ministry may direct, and may be extended; but, except for the purpose
mentioned in paragraph 8(2), no such extension shall be made so as to continue
the suspension for a period exceeding fifty-six days in all.

7. The Ministry may revoke or refuse to renew a licence

(a)where the Ministry is satisfied that the licence-holder or any person
acting on his behalf has contravened or failed to comply with any condition of
the licence; or

(b)where the licence-holder is convicted of an offence under any provision of
this Act; or

(c)where the Ministry is not satisfied that the prescribed standards are being
observed or that an adequate standard of husbandry is being practised, and it
does not appear to the Ministry that those standards can or will be observed
or (as the case may be) that the standard of husbandry will be rendered
adequate within a reasonable period; or

(d)where the licence has been suspended and any action of which particulars
have been served under sub-paragraph (2)(b) of paragraph 6, or any such action
as modified in consequence of the review mentioned in sub-paragraph (3) of
that paragraph, has not been completed to the satisfaction of the Ministry
within the period, or any extended period, of the suspension; or

(e)on any ground on which the Ministry might have refused to issue a licence.

8.(1) Where the Ministry proposes to revoke or to refuse to renew a licence,
the Ministry shall serve on the licence-holder

(a)in the case of a licence other than a suspended licence, at least
twenty-eight days, or

(b)in the case of a suspended licence, at least fourteen days,

(2) Notwithstanding the limitation imposed by paragraph 6(4), the period of
suspension of any licence may be extended until the expiration of the period
of the notice mentioned in sub-paragraph (1)(b).

9. Where the Ministry refuses to issue a licence or revokes or refuses to
renew a licence the Ministry shall serve a notice in writing to that effect on
the person whose application for a licence has been refused or, as the case
may be, whose licence has been revoked or the renewal of whose licence has
been refused; and,

(a)the notice shall specify the grounds on which the application has been
refused or the licence revoked or its renewal refused; and

(b)except where the application has been refused on any of the grounds
mentioned in paragraph 3(d) or the licence has been revoked or the renewal
thereof has been refused on any of the grounds mentioned in paragraph 7(c) or
(d), the notice shall inform that person of his right, if he questions the
grounds of the refusal or revocation, to demand a reference upon the matters
in question in pursuance of paragraph 10, and of the time within which the
demand may be made.

10.(1) A person whose application for a licence has been refused (except on
any of the grounds mentioned in paragraph 3(d) or whose licence has been
revoked or refused to be renewed (except on any of the grounds mentioned in
paragraph 7(c) or (d)) and who questions the existence or sufficiency of the
grounds of the refusal or revocation may demand a reference thereupon in
accordance with the succeeding provisions of this Schedule.

(2) The Minister of Agriculture shall from time to time prepare a panel of not
less than three persons each of whom shall be a practising barrister-at-law or
a practising solicitor of the Supreme Court of Judicature in Northern Ireland,
in either case of not less than seven years standing.

(3) Where a person, not later than the expiration of fourteen days from the
date of the service on him of notice of the refusal or revocation, serves on
the Ministry notice in writing of his intention to demand a reference under
this paragraph, the Ministry shall send to him a copy of the panel mentioned
in sub-paragraph (2) which is for the time being in force, and that person may
select from the panel the name of a member thereof and may, not later than
twenty-eight days from the date on which the copy of the panel was so sent to
him, serve on the Ministry a demand for a reference, naming the member
selected and stating the matters which he questions; and on the receipt by
the Ministry of a demand so served those matters, to the extent that they are
within the application of sub-paragraph (1), shall stand referred to the
member of the panel so named.

(4) The Arbitration Act (Northern Ireland) 1937 shall not apply in relation to
any reference under this paragraph.

(5) The Ministry may pay to a person acting as referee on a reference under
this Schedule fees and travelling and other allowances in respect of his
services in accordance with such scales and subject to such conditions as
the Ministry may determine with the approval of the Ministry of Finances.

11.(1) A referee acting under this Schedule may by notice in writing require
any person

(a)to attend at the time and place set forth in the notice to give evidence or
to produce any books or documents in his custody or under his control which
relate to any matter in question on the reference; or

(b)to furnish within such reasonable period as is specified in the notice such
information relating to any matter in question on the reference as the referee
may think fit and as the person so required is able to furnish;

(i)no person shall be required in obedience to such a notice to attend at any
place which is more than ten miles from the place where he resides unless the
necessary expenses are paid or tendered to him; and

(ii)nothing in this sub-paragraph shall empower the referee to require any
person to produce any book or document or to answer any question which he
would be entitled, on the ground of privilege or otherwise, to refuse to
produce or to answer if the hearing of the reference were a proceeding in a
court of law.

(2) The expenses mentioned in paragraph (1)(i) shall be paid or tendered

(a)where the notice is issued on the application of any party to the
reference, by that party;

(b)where the notice is issued without any such application, by the Ministry.

(3) A referee may administer oaths and examine witnesses on oath and may
accept in lieu of evidence on oath by any person a statement in writing by
that person.

(4) Any person who refuses or wilfully neglects to attend in obedience to a
notice under sub-paragraph (1), or to give evidence, or who wilfully alters,
suppresses, conceals, destroys or refuses to produce any book or document
which he may be required to produce by any such notice, or who refuses or
wilfully neglects to furnish any information which he is required to furnish
under head (b) of sub-paragraph (1), shall be guilty of an offence.

12. The parties to the reference may appear

(a)in the case of the person demanding the reference, in person, or by
solicitor or counsel; or

(b)in the case of the Ministry, by an authorised officer, or by solicitor or
counsel;

13.(1) The following provisions shall have effect with respect to the
confirmation or quashing of any refusal or revocation in relation to which a
reference has been demanded under paragraph 10, namely

(a)subject to head (b), if no ground of objection to the refusal or revocation
which is relevant having regard to the provisions of paragraph 10(1) is
established to the satisfaction of the referee, he shall confirm the refusal
or revocation;

(b)if no such ground of objection is so established, but the referee is
nevertheless of opinion that the grounds upon which the refusal or revocation
was made (not being grounds excepted from the application of paragraph 10(1))
are insignificant, or so trivial that the refusal or revocation should not be
upheld, he may quash the refusal or revocation;

(c)if such a ground of objection is so established, the referee shall quash
the refusal or revocation.

(2) Where the referee quashes a refusal or revocation as mentioned in head (b)
of sub-paragraph (1) he shall state his reasons for the opinion mentioned in
that head.

(3) Where a refusal or revocation is quashed under this paragraph,
the Ministry shall issue or, as the case requires, restore or renew, the
licence in question.

(4) The quashing under this paragraph of the revocation of a licence shall not
effect the previous operation of that revocation.

14.(1) A referee acting under this Schedule may make orders as to the expenses
incurred by the parties to the reference, and the parties by whom any such
expenses (including any expenses incurred by the Ministry under
paragraph 10(5) or 11(2)(b)) shall be paid.

(2) Any expenses awarded to the Ministry under sub-paragraph (1) shall be
recoverable by the Ministry summarily as a civil debt.

15.(1) Where a person who holds a licence dies, the licence shall enure for
the benefit of his personal representative or of any person beneficially
interested in his estate until the expiration of

(a)a period of two months from his death; or

(b)such longer period as the Ministry may allow;

(2) Where the licence in question stands suspended under paragraph 6, the
reference in sub-paragraph (1) to the licence enuring shall be construed as a
reference to its enuring as a suspended licence.

16. The Ministry shall, on the payment of a fee of [5p], issue to any person a
certified copy of a licence held by him.

17. When a licence is suspended or revoked, the holder shall, within fourteen
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
paragraph 16.

18.(1) Subject to sub-paragraph (2), in this Schedule "licence" means a
poultry stock licence.

(2) The references to a licence in head (b) of paragraph 3, and the first such
reference in head (c) of that paragraph include references to a licence under
the Act of 1950.
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Northern Irish Legislation

POULTRY IMPROVEMENT ACT (NORTHERN IRELAND) 1968 - SECT 16
