No. 36/1945:

BLACK SCAB IN POTATOES (SPECIAL AREA) ORDER, 1945.

BLACK SCAB IN POTATOES (SPECIAL AREA) ORDER, 1945.

ARRANGEMENT OF ARTICLES.

PART I.

Article.

Preliminary and General.

1. Short title.

2. Definitions.

3. Authorised Officer.

4. Interpretation.

5. Notices.

PART II.

Restrictions on growing and planting potatoes.

6. Restriction on growing non-approved varieties of potatoes within the scheduled district.

7. Restriction on sale of non-approved variety of potatoes for planting within the scheduled district.

8. Disposal of potatoes unlawfully grown within the scheduled district.

9. Destruction of " ground potatoes " in the scheduled district.

10. Prohibition of supplying potatoes grown in the scheduled district for planting outside that district.

11. Prohibition of planting outside the scheduled district of potatoes grown in that district.

PART III.

Restrictions on movement of potatoes and certain other roots.

12. Restriction on movement of potatoes, by road.

13 Restriction on movement of potatoes, etc., out of the scheduled district.

14 Prohibition of taking delivery of potatoes or other roots unlawfully moved.

15. Disposal of potatoes and other roots unlawfully moved.

PART IV.

Miscellaneous.

16. Powers of Gárda Síochána and authorised officers.

17. Licences.

18. Obtaining licences by fraud.

19. Delivery up of licences.

20. Production and inspection of licences.

21. Information to members of Gárda Síochána and authorised officers.

Schedule.

I, SEÁMAS Ó RIAIN, Minister for Agriculture, in exercise of the powers conferred on me by the joint operation of the Destructive Insects and Pests Acts, 1877 to 1929, and the Agriculture Act, 1931 (No. 8 of 1931), and of every and any other power me in this behalf enabling, hereby order as follows :—

PART I. Preliminary and General.

1. This Order may be cited as the Black Scab in Potatoes (Special Area) Order, 1945.

2. In this Order—

approved.

the word " approved " means approved for the time being by the Minister,

licence.

the word " licence " means a licence under Article 17 of this Order,

Minister.

the expression " the Minister " means the Minister for Agriculture,

occupier.

the word " occupier " in relation to land includes any person using the land for the purpose of or in connection with the growing of potatoes, whether he has or has not an estate in the land,

other roots.

the expression " other roots " means mangels, turnips, beet, cabbages with their roots, and cabbage plants.

potatoes.

references to potatoes as planted or growing include references to the plants at all stages of growth or maturity,

scheduled district.

the expression " the scheduled district " means the area described in the Schedule to this Order.

3. Each of the following persons shall be an authorised officer for the purposes of this Order—

(a) any officer of the Minister,

(b) a person appointed by the Minister to be an authorised officer for the purposes of this Order.

4. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

5. For the purposes of this Order a notice shall be deemed to be served on a person if it is delivered to him personally or left for him at his last-known place of abode, or at his office or place of business, or sent through the post in a letter addressed to him at either of such addresses, and a notice or other document purporting to be signed by an authorised officer shall be prima facie evidence that it was signed by such authorised officer and that he was an authorised officer within the meaning of this Order.

PART II. Restrictions on growing and planting potatoes.

6. (1) It shall not be lawful for any person to grow or plant within the scheduled district any potatoes unless—

(a) such potatoes are of an approved variety, or

(b) such potatoes are grown or planted under and in accordance with a licence.

(2) Every person who grows or plants any potatoes in contravention of this Article shall be guilty of an offence under this Article and shall be liable on summary conviction thereof to, in the case of a first offence, a fine of one pound or, in the case of a second offence, a fine of five pounds or, in the case of a third or any subsequent offence, a fine of ten pounds.

7. (1) It shall not be lawful for any person to supply for planting within the scheduled district any potatoes, unless—

(a) such potatoes are of an approved variety, or

(b) such potatoes are supplied under and in accordance with a licence.

(2) Every person who supplies for planting any potatoes in contravention of this Article shall be guilty of an offence under this Article and shall be liable on summary conviction thereof to, in the case of a first offence, a fine of one pound, or, in the case of a second offence, a fine of five pounds, or, in the case of a third or any subsequent offence, a fine of ten pounds.

8. (1) If any authorised officer finds planted or growing within the scheduled district any potatoes which have been planted or grown in contravention of this part of this Order, he may serve a notice on the occupier of such land requiring him to raise out of the ground such potatoes, and any such notice may require that such potatoes when so raised out of the ground shall be set apart in a specified position for inspection.

(2) Any authorised officer may at the same time as or at any time after the service of a notice on an occupier of land under paragraph (1) of this Article, serve on such occupier another notice requiring him to dispose of, in such manner and within such time as may be specified in such other notice, the potatoes raised or to be raised in pursuance of such first mentioned notice.

(3) If any person upon whom any notice has been served under this Article fails, neglects, or refuses to comply with any of the requirements of such notice, such person shall be guilty of an offence under this Article and shall be liable on summary conviction thereof to, in the case of a first offence, a fine of one pound, or, in the case of a second offence, a fine of five pounds, or, in the case of a third or any subsequent offence, a fine of ten pounds.

9. (1) If any authorised officer finds growing on any land, being land which is not for the time being cropped with potatoes, within the scheduled district any potatoes (in this Article referred to as ground potatoes) he may serve on the occupier of such land a notice requiring him to raise out of the ground such ground potatoes and any such notice may require that such ground potatoes when so raised shall be set apart in a specified position for inspection.

(2) An authorised officer may at the same time or at any time after the service of on an occupier of land of a notice under paragraph (1) of this Article, serve on such occupier another notice requiring him to dispose in such manner and within such time as may be specified in such other notice any potatoes raised or to be raised in pursuance of such first mentioned notice.

(3) If any person upon whom any notice has been served under this Article, fails, neglects, or refuses to comply with any of the requirements of such notice, such person shall be guilty of an offence under this Article and shall be liable on summary conviction thereof to, in the case of a first offence, a fine of one pound, or, in the case of a second offence, a fine of five pounds, or, in the case of a third or any subsequent offence, a fine of ten pounds.

10. (1) It shall not be lawful for any person to supply for planting outside the scheduled district any potatoes which have been grown within the scheduled district.

(2) Every person who acts in contravention of this Article shall be guilty of an offence under this Article and shall be liable on summary conviction thereof to, in the case of a first offence, a fine of one pound, or, in the case of a second offence, a fine of five pounds, or, in the case of a third or any subsequent offence, a fine of ten pounds.

11. (1) It shall not be lawful for any person to use for planting outside the scheduled district any potatoes which have been grown within the scheduled district.

(2) Every person who acts in contravention of this Article, shall be guilty of an offence under this Article and shall be liable on summary conviction thereof to, in the case of a first offence, a fine of one pound, or, in the case of a second offence, a fine of five pounds, or, in the case of a third or any subsequent offence, a fine of ten pounds.

PART III. Restrictions on movement of potatoes and certain other roots.

12. (1) It shall not be lawful for any person to move, or cause to be moved, any potatoes by road in the scheduled district by means of a mechanically propelled vehicle save under and in accordance with a licence.

(2) Every person who acts in contravention of this Article shall be guilty of an offence under this Article and shall be liable on summary conviction thereof to a fine of ten pounds.

13. (1) It shall not be lawful for any person to move or cause to be moved out of the scheduled district any potatoes or other roots save under and in accordance with a licence.

(2) It shall not be lawful for any person to accept within the scheduled district for carriage, by land or sea, to a place outside such district any potatoes or other roots unless the intending consignor of such potatoes or other roots produces to such person a licence authorising the movement of such potatoes or other roots to such place and delivers to such person a copy of such licence.

(3) Every person who acts in contravention of paragraphs (1) or (2) of this Article shall be guilty of an offence under this Article and shall be liable on summary conviction thereof to a fine of ten pounds.

14. (1) It shall not be lawful for any person to purchase or take delivery of any potatoes or other roots which have been moved in contravention of this Part of this Order.

(2) Every person who acts in contravention of this Article shall be guilty of an offence under this Article and shall be liable on summary conviction thereof to a fine of ten pounds.

15. (1) If any potatoes or other roots are moved or are in course of being moved in contravention of this Part of this Order, an authorised officer may—

(a) destroy or cause to be destroyed in such manner as he thinks fit such potatoes or other roots and any packages in which such potatoes or other roots, are or have been contained, or

(b) remove or cause to be removed such potatoes or other roots and packages to such place and in such manner as he thinks fit, and may serve a notice on the consignee, the person in charge, or the person in possession of, such potatoes or other roots and packages directing him, as may be specified in such notice, either to destroy within such time and in such manner as may be specified in such notice such potatoes or other roots and packages or to remove such potatoes or other roots and packages within such time and to such place as may be specified in such notice.

(2) If any person obstructs or impedes any authorised officer in the exercise of the powers conferred on him by this Article, such person shall be guilty of an offence under this Article and shall be liable on summary conviction thereof to a fine of ten pounds.

(3) If any person upon whom a notice under this Article has been served fails, neglects, or refuses to comply with any of the requirements of such notice such person shall be guilty of an offence under this Article and shall be liable on summary conviction thereof to, in the case of a first offence, a fine of one pound, or, in the case of a second offence, a fine of five pounds, or, in the case of a third or any subsequent offence, a fine of ten pounds.

PART IV. Miscellaneous.

16. (1) Any member of the Gárda Síochána and any authorised officer may for the purpose of enforcing this Order do all or any of the following things :—

(a) at all reasonable times enter and inspect any land, premises, vessel or vehicle,

(b) if any such vehicle is a road vehicle and is in motion, require the driver of such vehicle to stop,

(c) examine and take samples of any potatoes or other roots (including potatoes and roots which are growing or planted) which he finds in the course of inspecting such land, premises, vessel or vehicle.

(2) Every person who—

(a) obstructs or interferes with a member of the Gárda Síochána or an authorised officer in the exercise of any power conferred on him by this Article, or

(b) being the driver of a road vehicle in motion, fails to stop it when required by a member of the Gárda Síochána or an authorised officer under this Article so to do,

shall be guilty of an offence under this Article and shall be liable on summary conviction thereof to a fine of ten pounds.

(3) For the purposes of this Article—the word " vessel " includes any ship, boat, vessel, or craft, the word " vehicle " includes any railway wagon, motor lorry, cart, or other vehicle of whatsoever kind.

17. (1) For the purposes of this Order the Minister or any authorised officer may grant licences on such terms and subject to such conditions as the Minister or such authorised officer (as the case may be) shall think proper.

(2) Any erasure or alteration made in a licence shall render such licence invalid.

(3) Any licence obtained by means of any false statement or misrepresentation shall be invalid.

18. If any person obtains or attempts to obtain a licence by means of a false statement or misrepresentation such person shall be guilty of an offence under this Article and shall be liable on summary conviction thereof to a fine of ten pounds.

19. (1) It shall be the duty of every person to whom a licence has been granted to deliver up such licence to the Minister in the manner specified on such licence as soon as the purpose for which it was issued has been carried out or the time for which it is valid has lapsed.

(2) If any person fails or neglects or refuses to comply with this Article, such person shall be guilty of an offence under this Article and shall be liable on summary conviction thereof to, in the case of a first offence, a fine of one pound, or, in the case of a second offence, a fine of five pounds, or, in the case of a third or subsequent offence, a fine of ten pounds.

20. (1) Any person to whom a licence has been granted shall, unless such licence has already been delivered up by him to the Minister, on demand of any member of the Gárda Síochána or any authorised officer, produce to such member or officer such licence and shall allow it to be read by and a copy of it to be taken by such member or officer.

(2) If any person fails to comply with this Article such person shall be guilty of an offence under this Article and shall be liable on summary conviction thereof to, in the case of first offence, a fine of one pound, or, in the case of a second offence, a fine of five pounds, or, in the case of a third or subsequent offence, a fine of ten pounds.

21. (1) Any person who is or has been in charge or in possession of potatoes or other roots suspected by a member of the Gárda Síochána or any authorised officer of being or having been dealt with in any manner in contravention of any of the provisions of this Order, shall on demand of such member or officer give his name and address and such information in his possession as may enable such member or officer to determine whether such potatoes or other roots are being or have been so dealt with and if such potatoes or roots are being or have been so dealt with to determine the person by whom such potatoes or other roots are being or have been so dealt with.

(2) If any person fails, neglects, or refuses to comply with the obligations imposed on him by this Article such person shall be guilty of an offence under this Article and shall be liable on summary conviction thereof to a fine of ten pounds.

SCHEDULE.

The district comprising the district electoral divisions of :—

GIVEN under my Official Seal, this 21st day of February, 1945.

(Signed) SÉAMAS O RIAIN,

Minister for Agriculture.