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AUCTIONS (LOCAL CONTROL) ACT (NORTHERN IRELAND) 1957

AUCTIONS (LOCAL CONTROL) ACT (NORTHERN IRELAND) 1957 - LONG TITLE

An Act to authorise and make provision for the registration and
control of premises used for the conduct of certain sales.
[18th April 1957]
Districts to which this Act is to extend.

AUCTIONS (LOCAL CONTROL) ACT (NORTHERN IRELAND) 1957 - SECT 1

1.(1) For the purposes of this Act the expression "local authority"
means the council of a county borough, borough, urban or rural
district and references to a district are references to the district
of any such council.

(2) This Act shall extend throughout any district to which, by an
order made by the Minister of Home Affairs under sub-section (3),
this Act is declared to extend; and nothing in section six of the
Interpretation Act (Northern Ireland), 1954, shall be taken to extend
this Act to any other district or place.

(3) Where a local authority have resolved that this Act should
extend to their district, the Minister of Home Affairs may on the
application of that authority by order declare this Act to extend
to that district.

(4) As soon as is reasonably practicable after the making of an
order under sub-section (3)

(a)the Ministry of Home Affairs shall publish notice of the making
thereof in the Belfast Gazette; and

(b)the local authority shall publish notice of the making thereof in
such two or more newspapers circulating in their district as the
authority think proper for the information of persons in their
district.

AUCTIONS (LOCAL CONTROL) ACT (NORTHERN IRELAND) 1957 - SECT 2
Sales to which this Act applies.

2.(1) For the purposes of this Act

(a)the expression "premises" includes land;

(b)the expression "prescribed articles" means any plate, plated
articles, linen, china, glass, books, pictures, prints, furniture,
jewellery, toys, articles of household or personal use or ornament
or any musical or scientific instruments or apparatus; and

(c)the expression "sale by auction" includes any public sale at
which a salesman invites an assembly of persons or any of them to
acquire prescribed articles by competitive bidding.

(2) Subject to section four, the sales to which this Act applies
are sales by auction of any prescribed article whether or not in
combination with the sale by auction of any other articles or
things.

AUCTIONS (LOCAL CONTROL) ACT (NORTHERN IRELAND) 1957 - SECT 3
Registration of premises used for sales by auction.

3.(1) No premises shall be used for the conduct of any sale to
which this Act applies unless they are registered under this section
for that purpose.

(2) Subject to the following provisions of this section the local
authority shall, on the application of the occupier of, or of a
person proposing to occupy, any premises used or proposed to be
used for the conduct of any sale to which this Act applies,
register those premises under this section.

(3) If

(a)it appears to a local authority

(i)that any premises for the registration of which application has
been made under this section or which are registered under this
section are or have become unsuitable for use for the purpose of
conducting sales to which this Act applies; or

(ii)that any such premises have been used for the purpose of
conducting otherwise than in good faith any sale by auction;

(b)the applicant for registration or the occupier for the time being
of any such premises has been convicted of any offence involving
fraud or dishonesty;

(4) If a person on whom notice is served under the last preceding
sub-section fails to show cause to the satisfaction of the authority
the authority may refuse the application or, as the case may be,
cancel the registration of the premises and if they do shall
forthwith give to such person notice of such refusal or
cancellation, and, if so required by him within fourteen days of
such refusal or cancellation, shall give to him within forty-eight
hours a statement of the grounds on which their refusal or
cancellation was based.

(5) A person aggrieved by the refusal or cancellation of a local
authority under this section may appeal to a court of summary
jurisdiction and such person or local authority may, if dissatisfied
by the decision of that court on such appeal, appeal to the county
court against such decision.

(6) An occupier of premises registered under this section who ceases
to occupy the premises otherwise than by reason of his death shall,
within seven days after so ceasing, give notice in writing thereof
to the authority with whom the premises were registered and, if he
neglects or fails to do so, shall on summary conviction be liable
to a penalty not exceeding five pounds.

(7) In the event of the occupier of premises registered under this
section dying or ceasing to occupy the premises any registration of
the premises then in force shall continue in force for a period of
three months from the date of death or cesser of occupation but
shall upon the expiration of that period cease to have effect.

(8) Any person who conducts or assists in conducting a sale to
which this Act applies on any premises which are not registered
under this section and any person who knowingly permits any such
premises to be used for the purpose of conducting such a sale
shall on summary conviction be liable to a fine not exceeding one
hundred pounds or to imprisonment for a term not exceeding three
months or to both such fine and imprisonment.

AUCTIONS (LOCAL CONTROL) ACT (NORTHERN IRELAND) 1957 - SECT 4
Exemptions.

4. Notwithstanding anything in this Act, sales of the undermentioned
classes may be conducted on premises which are not registered under
this Act

(a)sales at intervals of not less than six months of property so
long as no substantial part of the property was brought on to the
premises for the purposes of the sale;

(b)sales for the purpose of assisting the funds of any voluntary
organisation if the whole or substantially the whole of the proceeds
of sale are devoted to the funds of the organisation.

AUCTIONS (LOCAL CONTROL) ACT (NORTHERN IRELAND) 1957 - SECT 5
Prosecution of offences.

5. Prosecutions for offences under this Act may be instituted by

(a)an officer of the local authority authorised in that behalf by
the authority; or

(b)a member of the Royal Ulster Constabulary.

AUCTIONS (LOCAL CONTROL) ACT (NORTHERN IRELAND) 1957 - SECT 6
Expenses of local authority.

6. Any expenses incurred by a local authority in connection with
the extension of this Act to the district of the authority or in
the execution of any of the provisions of this Act shall be
defrayed as part of the expenses incurred by them in the execution
of the Public Health Acts (Northern Ireland), 1878 to 1955.

AUCTIONS (LOCAL CONTROL) ACT (NORTHERN IRELAND) 1957 - SECT 7
Short title.

7. This Act may be cited as the Auctions (Local Control) Act
(Northern Ireland), 1957.