PART III.

Licences to Sell Fresh Fish.

4. —(1) The Minister may by order declare that any specified area in Saorstát Éireann shall as on and from the date stated in that behalf in such order be a district to which this Part of this Act applies and thereupon such area shall, as on and from such day and so long as such order remains in force, be a district to which this Part of this Act applies.

(2) The Minister may at any time by order revoke or amend an order made under the foregoing sub-section of this section.

(3) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution is passed by either such House within the next subsequent twenty-one days on which that House has sat annulling such order, such order shall be annulled accordingly, but without prejudice to the validity of anything previously done under such order.

5. —(1) The Minister may grant a licence (in this Part of this Act referred to as a fish sales licence) to sell by auction fresh fish or to act as agent for the sale by wholesale of fresh fish or to do both those things to any person who—

(a) applies in the prescribed form and manner to the Minister for such licence, and

(b) satisfies the Minister that he is a fit and proper person to hold a fish sales licence, and

(c) is not an undischarged bankrupt, and

(d) is not employed, engaged or otherwise concerned in the sea-fishing industry.

(2) Every fish sales licence shall—

(a) be in the prescribed form, and

(b) be expressed and operate to licence the person to whom it is granted to sell by auction fresh fish and to act as agent for the sale by wholesale of fresh fish, and

(c) shall be and be expressed to be granted subject to the condition (in this Part of this Act referred to as the statutory condition) that the holder thereof shall not while such licence remains in force be concerned, save under and in accordance with such licence, either directly or indirectly in any transaction relating to the purchase or sale of fresh fish.

(3) The holding of a fish sales licence shall not relieve the holder thereof from the obligation to hold an excise licence to act as an auctioneer in any case in which he would have been subject to such obligation if this Act had not been passed.

6. —Every fish sales licence shall, unless sooner revoked under this Part of this Act, remain in force for one year from the date thereof and shall then expire.

7. —There shall be paid on the grant of every fish sales licence such fee as may be required by law and the payment of such fee shall be a condition precedent to the grant of such licence.

8. —(1) If any person being the holder of a fish sales licence fails to comply with the statutory condition such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds.

(2) Where a person is convicted of an offence under this section the Minister may revoke the fish sales licence held by such person.

9. —(1) Subject to the provisions of this section, it shall not be lawful for any person in any district to which this Part of this Act applies to sell by auction any fresh fish or to act as agent for the sale by wholesale of any fresh fish unless he holds a fish sales licence for the time being in force.

(2) Every person who acts in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof in the case of a first offence to a fine not exceeding ten pounds and in the case of a second or any subsequent offence to a fine not exceeding twenty pounds.

(3) This section shall not apply to any person who is for the time being a duly authorised agent or representative of the Society.

10. —(1) The Minister shall cause to be kept a register to be called and known as the register of fish sales licences in which there shall be entered particulars of all fish sales licences granted under this Part of this Act.

(2) Any person may inspect the register of fish sales licences on payment of such fee, not exceeding one shilling, as shall be prescribed.

11. —A certificate purporting to be under the hand of an officer of the Minister authorised in that behalf by the Minister and certifying that a person named in such certificate was not the holder of a fish sales licence on a specified date or during a specified period shall until the contrary is proved be evidence of the facts so certified and it shall not be necessary to prove the signature of such officer or that he was in fact such officer or was so authorised.