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AGRICULTURAL MARKETING ACTS (NORTHERN IRELAND) 1964 - SECT 12

12.(1) Subject to subsection (2), a contract of which neither the making nor
the performance was, at the time when the contract was made, prohibited by or
under any scheme in force shall not, unless the terms of the contract
otherwise provide, be void or unenforceable by reason that, at the time for
the performance of any provision of the contract, the performance thereof is
so prohibited.

(2) Where the performance of any such contract as is referred to in subsection
(1) is prohibited by or under any scheme in force, subsection (1) shall cease
to apply to that contract upon the expiration of three months after the
prohibition first takes effect, unless that contract is registered under
section 13.

(3) Where, in conformity with a scheme in force, any contract for the sale of
the regulated product by a registered producer otherwise than to, or through
the agency of, the board purports to confer on the board any right to receive
from the purchaser the whole or any part of the purchase price payable under
the contract or of any damages for which the purchaser may be liable in
respect of a wrongful rejection of articles tendered in accordance with the
contract, the board may enforce that right against the purchaser,
notwithstanding that the board are not a party to the contract and
notwithstanding that, as between the board and the purchaser, there is no
consideration.

(4) A person shall not be liable to any penalty in respect of a contravention
of any scheme, if he proves that the contravention was necessary for the
performance of a contract which, by reason of subsections (1) and (2), was
not, at the time of the contravention void or unenforceable.

© 1964 Crown Copyright

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