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41 1934

AGRICULTURAL PRODUCE (CEREALS) ACT, 1934

PART IV.

Provisions in Relation to the Sale and Purchase of Oats and Barley, and the Milling of Oatmeal.

Definitions in relation to Part IV.

38. —In this Part of this Act the expression “the Minister” means the Minister for Agriculture;

the word “prescribed” means prescribed by regulations made by the Minister under this Part of this Act.

Regulations under Part IV.

39. —The Minister may by order make regulations in relation to any matter or thing referred to in this Part of this Act as prescribed.

Prosecution of offences under Part IV.

40. —An offence under any section contained in this Part of this Act may be prosecuted by or at the suit of the Minister as prosecutor.

Registers to be kept by the Minister for Agriculture.

41. —(1) The Minister shall cause to be kept—

(a) a register to be called and known as the register of dealers in oats and barley, and

(b) a register to be called and known as the register of oatmeal millers.

(2) There shall be entered in every such register the matters required by this Part of this Act to be entered therein.

(3) References in this Part of this Act to a register shall be construed as references to a register kept under this section.

Applications for registration.

42. —(1) Any person who carries on or proposes to carry on the business of purchasing home-grown oats or barley or both for resale to holders of milling licences, registered maize millers, or registered oatmeal millers may, in accordance with this section, apply to the Minister to be registered in the register of dealers in oats and barley in respect of any premises at which he carries on or proposes to carry on such business.

(2) Any person who carries on or proposes to carry on the business of milling oats into oatmeal may, in accordance with this section, apply to the Minister to be registered in the register of oatmeal millers in respect of any premises at which he carries on or proposes to carry on such business.

(3) The following provisions shall have effect in relation to applications made under this section, that is to say:—

(a) where a person desires to be registered in either register in respect of two or more sets of premises he shall send a separate application for registration in respect of each set of premises;

(b) where a person desires to be registered in both registers he shall send a separate application for registration in respect of each register;

(c) every application for registration in any register shall be in the prescribed form and contain the prescribed particulars and shall specify the premises in respect of which the applicant applies to be registered in such register.

(4) In making regulations in relation to any matter or thing referred to in this section as prescribed, different regulations may be made in respect of applications for registration in different registers.

(5) References in this Part of this Act to an original application for registration shall be construed as references to an application for registration made under this section.

Registration of persons.

43. —(1) On receipt of an application for registration in a particular register under and in accordance with the immediately preceding section the Minister shall, subject to the provisions of this section, enter in such register the name and address of the applicant and particulars of the premises specified in such application in respect of which registration is sought.

(2) The Minister may refuse to register an applicant for registration in the register of dealers in oats and barley if, in his opinion, the registration of such applicant is, having regard to the number of persons already registered in such register, not desirable in the public interest.

(3) References in this Part of this Act to a registered oat and barley dealer and a registered oatmeal miller shall be construed as references to a person for the time being registered in the register of dealers of oats and barley and a person for the time being registered in the register of oatmeal millers respectively.

Registration in respect of additional premises.

44. —Where any person, who is registered in any register in respect of any set of premises, applies to the Minister to have such registration extended to any additional premises, attached to or adjoining such set of premises, the Minister shall, upon receipt of such application, extend such registration accordingly.

Fees on applications for registration.

45. —(1) There shall be paid to the Minister by the applicant on every original application for registration in any register and on every application under the immediately preceding section a fee of one pound.

(2) All fees paid under this section shall be collected in money and taken in such manner as the Minister for Finance may from time to time direct, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Finance.

(3) The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under this section.

Change of registration on death or transfer of business.

46. —(1) Where any person registered in any register dies the Minister shall, on the application of the personal representative of such person, insert in the said register the name of such personal representative in lieu of that such person.

(2) Where the ownership of any business carried on at premises entered in any register has been transferred to another person, the Minister shall, on the application of such person, insert in such register the name of such person in lieu of that of the person previously registered therein.

Returns by registered persons.

47. —(1) The Minister may by order make regulations in relation to all or any of the following matters, that is to say:—

(a) the returns to be made to him by registered oat and barley dealers and registered oatmeal millers;

(b) the times at which such returns are to be made;

(c) the forms in which such returns are to be made.

(2) Every person required by regulations made under this section to make any return who fails or refuses to make such return in accordance in all respects with such regulations or who makes in any such return any statement which is false or misleading in any material respect shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the First Schedule to this Act.

Records to be kept at registered premises.

48. —(1) On and after the appointed day it shall be the duty of every person registered in any register in respect of any premises to keep or cause to be kept at the appointed place in the prescribed form the following records, that is to say:—

(a) if such premises are entered in the register of dealers in oats and barley, records of all oats and barley purchased by him and brought on to or dealt with at such premises, and of the prices paid for such oats and barley, and of all dispositions of such oats and barley; or

(b) if such premises are entered in the register of oatmeal millers, records of all oats purchased by him and brought on to such premises and of all dispositions of such oats;

and within twenty-four hours after such purchases or dispositions to enter or cause to be entered in such records the prescribed particulars thereof.

(2) Every record kept in pursuance of this section may be inspected at any time during office hours by an inspector of the Minister for Agriculture and it shall be the duty of the person liable under this section to keep such record to produce for the inspection of such inspector on demand such record and also all invoices, consignment notes, receipts and other documents (including copies thereof where the originals are not available),

reasonably demanded by such inspector for the purpose of verifying any entry in or explaining any omission from such record.

(3) If any person liable under this section to keep a record in respect of any premises—

(a) fails to keep or cause to be kept at the appointed place such record as is required by this section, or

(b) fails to make or cause to be made in such record within the time fixed by this section any entry required by this section to be made therein, or

(c) fails to produce or cause to be produced for the inspection of an inspector on demand any record, document, or copy of a document which he is required by this section so to produce, or obstructs any such inspector in the making of such inspection, or

(d) wilfully or negligently makes or causes to be made in such record any entry which is false or misleading in any material particular,

such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part I of the First Schedule to this Act.

(4) For the purposes of this section—

(a) inspection of a record or document shall include taking copies thereof or extracts therefrom; and

(b) a demand for an inspection of a record required by this section to be kept in respect of any premises or of any other document reasonably demanded by an inspector under this section for the purpose of verifying any entry in or explaining any omission from such record shall be deemed to have been duly made to the person liable under this section to keep such record if such demand is made verbally at the appointed place to any individual in the employment of such person; and

(c) a refusal or failure to produce a record required by this section to be kept in respect of any premises or of any other document reasonably demanded by an inspector under this section for the purpose of verifying any entry in or any omission from such record if made or committed at the appointed place by an individual in the employment of the person liable under this section to produce such record or account shall be deemed to have been made or committed by such person; and

(d) the expression “the appointed place” in relation to any premises entered in the register of dealers in oats and barley means—

(i) where such premises are used for the storage of oats and barley—

I. In case the office work in connection with such premises is carried on at a building in the vicinity of but not forming part of such premises, such building, and

II. In any other case, the place in such premises where such office work is carried on; and

(ii) where such premises consist of offices only, such premises;

(e) the expression “the appointed place” in relation to any premises entered in the register of oatmeal millers, means—

(i) in case the office work in connection with such premises is carried on at a building in the vicinity of but not forming part of such premises, such building, and

(ii) in any other case, the place at such premises where such office work is carried on;

(f) the expression “office hours” means—

(i) in relation to any day (not being a Sunday, a bank holiday, or a locally observed holiday or half-holiday), any time between the hours of ten o'clock in the morning and five o'clock in the afternoon during which business is being carried on or work is being done at the appointed place; and

(ii) in relation to any locally observed half-holiday, any time between the hours of ten o'clock in the morning and one o'clock in the afternoon during which business is being carried on or work is being done at the appointed place.

Custody of and evidence of contents of registers.

49. —(1) The registers shall respectively be—

(a) deemed to be in the proper custody when in the custody of the Minister or of any officer of the Minister authorised in that behalf by the Minister;

(b) admissible in evidence without further proof on production from the proper custody.

(2) Prima facie evidence of any entry in any register may be given in any legal proceeding by the production of a copy of such entry certified to be a true copy under the seal of the Minister.

(3) A certificate under the seal of the Minister that any person specified in such certificate is not registered in any specified register or registers shall in any legal proceedings be prima facie evidence of the facts so certified.

(4) Any person may—

(a) obtain a copy, certified in manner hereinbefore mentioned to be a true copy, of any entry in any register on payment to the Minister of the fee of one shilling;

(b) obtain such certificate as is hereinbefore mentioned that any specified person is not registered in one of the said registers kept by the Minister on payment to the Minister of the fee of one shilling.

(5) All fees paid under this section shall be collected in money and taken in such manner as the Minister for Finance may from time to time direct, and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister.

(6) The Public Offices Fees Act, 1879, shall not apply in respect of any fees paid under this section.

Publication of contents of registers, etc.

50. —(1) The Minister may publish in such manner as he may think fit—

(a) all or any of the matters entered in any register kept by him; and

(b) notice of the cancellation or alteration by him of the registration of any person registered in a register kept by him.

(2) No individual return or part of a return furnished in pursuance of this Part of this Act shall be published or disclosed except for the purposes of a prosecution under this Act.

(3) The Minister may from time to time collect and publish such statistical information (including statistics derived from returns made to him pursuant to this Part of this Act) with respect to the extent of the businesses carried on by persons registered in any register kept by him as he may think fit.

(4) So far as is reasonably practicable, no statistical information published under the immediately preceding sub-section shall contain any particulars which would enable any person to identify such particulars as being particulars relating to any individual person, business or concern.

Inspection of registered premises.

51. —(1) An inspector of the Minister for Agriculture shall be entitled at all reasonable times to enter any premises entered in any register and there examine any oats and barley found on such premises and take reasonable samples of such oats and barley.

(2) Every person who obstructs or impedes any inspector of the Minister for Agriculture in the exercise of any of the powers conferred on him by 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 under this section, to a fine not exceeding five pounds, or in the case of a second or any subsequent offence under this section, to a fine not exceeding ten pounds.

Alteration or cancellation of registration.

52. —(1) The Minister may, at any time, alter or cancel the registration of any person in any register upon the application of such person, or, in the case of an individual, his personal representative or, in the case of a body corporate, the liquidator.

(2) The Minister may, at any time, without such application as aforesaid alter any registration in any register in any respect in which such registration appears to him to be erroneous or misleading.

(3) The Minister may, at any time, without any such application as aforesaid cancel any registration in any register if—

(a) he is satisfied that the registration was procured through fraud or by misrepresentation; or

(b) the person registered in such register has ceased to carry on the business in respect of which he was so registered; or

(c) the person registered in such register, if an individual has died, or, if a body corporate, has been dissolved and no other person has within three months after such death or dissolution, been registered in the place of the registered person so dead or dissolved; or

(d) the person registered in such register has been adjudicated a bankrupt; or

(e) he is of opinion that there has been any contravention (whether by way of commission or omission) of this Act or any regulations made thereunder by the person registered in such register.

(4) Before altering or cancelling (otherwise than in accordance with an application in that behalf made under this section) the registration of any person, the Minister shall give at least one month's notice in writing to such person or his personal representative (if any) or its liquidator (as the case may be) stating his intention so to alter or cancel such registration and the reasons therefor, and whenever any such notice is so given the following provisions shall have effect, that is to say:—

(a) the Minister shall not alter or cancel such registration until the expiration of such notice; and

(b) where any representations are made within seven days after the service of such notice by the person to whom such notice is given, the following provisions shall have effect, that is to say:—

(i) the Minister shall consider such representations and,

(ii) unless as a result of such consideration the decides not to alter or cancel such registration, the Minister, in case such person within seven days after the service of such notice, requests that an inquiry be held in relation to the matter, shall or, in any other case if he thinks fit so to do, may cause such inquiry to be held, and

(iii) where the Minister causes any such inquiry to be held, he shall not alter or cancel such registration until such inquiry has concluded; and

(c) the following provisions shall have effect in relation to every inquiry held under this sub-section, that is to say:—

(i) the Minister shall appoint a fit and proper person to hold such inquiry, and the person so appointed shall have power to take evidence on oath which he is hereby authorised to administer;

(ii) the Minister shall give to the person in relation to whom such inquiry is to be held notice of the time and place of the holding of such inquiry, and such person shall be entitled to appear at such inquiry by counsel or solicitor and to adduce evidence.

(5) A notice of the Minister's intention to cancel or alter a registration may be served by delivering it to the person to whom it is addressed or by sending it by post to the person to whom it is addressed at his last known place of abode.

Restriction on purchase of oats and barley.

53. —(1) On and after the appointed day it shall not be lawful for any holder of a milling licence, any registered maize miller, or any registered oatmeal miller who is not also a registered dealer in oats and barley, to purchase any oats or barley from any person unless such person is a registered dealer in oats and barley.

(2) If any person acts in contravention of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part I of the Schedule to this Act.

Prohibition of carrying on business of oatmeal milling by unregistered persons.

54. —(1) On and after the appointed day it shall not be lawful for any person to carry on the business of milling oats into oatmeal unless—

(a) such person is a registered oatmeal miller, and

(b) such business is carried on at premises in respect of which he is registered in the register of oatmeal millers.

(2) If any person acts in contravention of this section, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part II of the Schedule to this Act.

Minimum prices for home-grown oats.

55. —(1) The Minister may, whenever and so often as he thinks fit, by order under this sub-section do the following things, that is to say:—

(a) divide, by reference to bushel weights, home-grown oats into such and so many classes as he thinks proper, and

(b) fix in respect of each class of such home-grown oats, the minimum price, in terms of a rate per hundredweight and on the basis that such oats are to be delivered carriage paid at the premises of the purchaser, to be paid by registered oat and barley dealers therefore,

(c) prohibit the sale to or purchase by registered oat and barley dealers of home-grown oats of a particular class at a price less than the price fixed by such order for home-grown oats of that class.

(2) The Minister may by order under this sub-section revoke or amend an order made under sub-section (1) of this section or under this sub-section.

(3) If any person sells or purchases any oats in contravention of an order made under sub-section (1) of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part I of the Schedule to this Act.

Minimum prices for home-grown barley.

56. —(1) The Minister may, whenever and so often as he thinks fit, by order under this sub-section do the following things, that is to say:—

(a) divide, by reference to bushel weights, home-grown barley into such and so many classes as he thinks proper, and

(b) fix, in respect of each class of home-grown barley, the minimum price, in terms of a rate per hundredweight and on the basis that such barley is to be delivered carriage paid at the premises of the purchaser, to be paid by registered oat and barley dealers therefore,

(c) prohibit the sale to or purchase by registered oat and barley dealers of home-grown barley of a particular class at a price less than the price fixed by such order for home-grown barley of that class.

(2) The Minister may by order under this sub-section revoke or amend an order made under sub-section (1) of this section or under this sub-section.

(3) If any person sells or purchases any barley in contravention of an order made under sub-section (1) of this section such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the penalties mentioned in Part I of the Schedule to this Act.