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35 1939

PIGS AND BACON (AMENDMENT) ACT, 1939

Chapter IV.

Returns by Licensees, Records to be Kept by Licensees and Inspection of Licensed Premises.

Returns to the Commission by licensees.

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

(a) the returns (including returns in relation to any period or periods commencing before the date of such regulations, but not earlier than the 1st day of July, 1939), to be made to the Commission by holders of licences;

(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, in the case of a first offence under this section, to a fine not exceeding ten pounds and, in the case of a second or any subsequent offence under this section, to a fine not exceeding twenty-five pounds.

(3) Until regulations are made under this section and have come into force, sections 112 and 151 of the Act of 1935 and any regulations made under the said sections shall continue in force, subject to the modification that so much of such regulations as requires any return to be made to an abolished board shall be construed as requiring that any such return made on or after the transfer date shall be made to the Commission and, upon the coming into force of regulations under this section, sections 112 and 151 of the Act of 1935 shall cease to be in force.

Records to be kept by licensees.

46. —(1) Every licensee under a licence shall keep or cause to be kept at the premises to which such licence relates the prescribed records in the prescribed form and shall make or cause to be made in every such record the prescribed entries within the prescribed time.

(2) Every record kept in pursuance of this section may be inspected at any time during office hours by an authorised officer of the Commission and it shall be the duty of the person liable under this section to keep such record to produce for the inspection of such authorised officer 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 authorised officer for the purpose of verifying any entry in or explaining any omission from such record.

(3) If any person—

(a) fails to keep or cause to be kept such record as is required by this section to be kept or caused to be kept by him, or

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

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

(d) 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 a fine not exceeding twenty pounds.

(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 at any premises or of any other document reasonably demanded by an authorised officer of the Commission 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 such premises to the senior member of the managerial or clerical staff then present or to the foreman or other senior person in charge of the premises, and

(c) a refusal or failure to produce a record required by this section to be kept at any premises or any other document reasonably demanded by an authorised officer of the Commission under this section for the purpose of verifying any entry in or any omission from such record, if made or committed at such premises by the senior member of the managerial or clerical staff then present or by the foreman or other senior person in charge of the premises shall be deemed to have been made or committed by the person liable under this section to produce such record or document.

(5) Until regulations prescribing the matters or things referred to as prescribed in sub-section (1) of this section are made and have come into force, sections 113 and 152 of the Act of 1935 and any regulations made in relation to any matters referred to in the said sections as prescribed and in force immediately before the transfer date shall continue in force, and upon the coming into force of such first mentioned regulations the said sections 113 and 152 shall cease to be in force.

(6) On and after the transfer date the references in sections 113 and 152 of the Act of 1935 to an authorised officer of the Bacon Marketing Board and to an authorised officer of the Pigs Marketing Board respectively shall during the continuance in force of the said sections by virtue of sub-section (5) of this section be construed as references to an authorised officer of the Commission.

Inspection of licensed premises, etc., by authorised officers of the Commission.

47. —(1) An authorised officer of the Commission shall be entitled (subject to the production by him if so required of his authority in writing as such authorised officer) at all reasonable times—

(a) to enter on any licensed premises and to inspect any pigs, carcases and bacon in such premises and to observe and examine any process carried on in such premises, and

(b) enter any cold store and inspect any bacon in such cold store.

(2) Every person who obstructs or impedes any authorised officer of the Commission 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 to a fine not exceeding five pounds.