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28.(1) ... proceedings under this Act for offences to which this section applies may be instituted on behalf of the Ministry, ... but shall not be instituted by any other person without the consent of the [Secretary of State]. Subs.(2) rep. by SI 1973/2163 art.14(2) sch.6 (3) Summary proceedings under this Act for offences to which this section applies may, notwithstanding anything contained in section 34 of the Magistrates' Courts Act (Northern Ireland) 1964, be instituted by an authorised prosecutor at any time within six months from the date on which evidence, sufficient in the opinion of the authorised prosecutor to warrant the proceedings, came to his knowledge; but no summary proceedings for any offence shall be instituted by virtue of this subsection more than three years after the commission of the offence. (4) A certificate stating (a)the date on which such evidence as is mentioned in subsection (3) came to the knowledge of the authorised prosecutor; or Para.(b) rep. by SI 1973/2163 art.14(2) sch.6 (5) Any proceedings under this Act instituted by or on behalf of the Ministry in a court of summary jurisdiction may be conducted on behalf of the Ministry by a person authorised by it for the purposes of this subsection. (6) The offences to which this section applies are offences under this Act or regulations made in pursuance of this Act, other than proceedings for offences under [section 26 or 29] or the provisions of the Transferred Excise Duties Act applied by Part I of Schedule 6; and "authorised prosecutor" means a person authorised by this section to institute proceedings for such offences.
© 1972 Crown Copyright
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