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MARKETING OF POTATOES ACT (NORTHERN IRELAND) 1964 - SECT 2

Licences for export of potatoes.

2.(1) Subject to subsection (2), the Ministry of Agriculture (in this Act
referred to as "the Ministry") shall, on application being made to it by any
person in accordance with subsection (3) and on payment of the fee and sum
specified in subsection (4), issue to that person a licence (in this Act
referred to as "a potato shipping licence") authorising him, upon such
conditions as may be specified in the licence, to send potatoes out of
Northern Ireland.

(2) The Ministry may refuse to issue a licence under subsection (1) to an
applicant who gives false information in his application or who formerly held
a licence under this Act or under any Act repealed by this Act and whose
licence has been revoked.

(3) An application for a potato shipping licence shall be in the prescribed
form and shall be made to the Ministry at such time and in such manner as may
be prescribed.

(4) An applicant for a potato shipping licence shall, at the time at which the
application is made, pay to the Ministry

(a)a fee of such amount not exceeding fifteen pounds as may, with the approval
of the Ministry of Finance, be prescribed; and

(b)a sum of such amount not exceeding forty-five pounds as may be prescribed
which shall, in the event of a licence being issued, be placed to the credit
of the applicant as a payment on account of the fees payable by him under
section 3(3).

(5) Where an application for a potato shipping licence is refused the Ministry
shall repay to the applicant the amount of the fee and sum paid by him under
subsection (4).

(6) A potato shipping licence shall be in the prescribed form and shall,
unless suspended by the Ministry under subsection (9) or revoked by the
Ministry under subsection (10), be in force from 1st August in the year in
which it is issued until 31st July next following or for such other period of
twelve months as the Ministry may decide but shall be renewable annually and
the same provisions shall apply to the renewal of the licence as apply to the
original granting thereof.

(7) Where the fees payable by the holder of a potato shipping licence under
section 3(3) in respect of the period for which the licence is issued are less
than the sum paid by him on account of those fees under subsection (4)(b) of
this section, the balance remaining in the hands of the Ministry shall be paid
into the Exchequer.

(8) The Ministry may from time to time amend the conditions specified in a
potato shipping licence but no such amendment shall have effect unless and
until it has been brought to the notice of the holder of the licence.

(9) Where the Ministry has reason to suspect that the holder of a
potato shipping licence has contravened the provisions of this Act or
regulations made thereunder or any condition of the licence, the Ministry may,
pending investigation of the suspected contravention and on giving notice in
writing to the holder, suspend the licence but, within a period of
twenty-eight days from the day on which the licence is suspended, the Ministry
shall either remove the suspension or revoke the licence under subsection
(10).

(10) The Ministry may revoke or refuse to renew a potato shipping licence by
reason of the contravention by the holder of the licence of any of the
provisions of this Act or regulations made thereunder or of any condition of
the licence and where the Ministry revokes or refuses to renew a licence

(a)the Ministry shall, by registered post or by recorded delivery service,
send notice of the revocation or refusal to renew to the person whose licence
has been revoked or, as the case may be, the person the renewal of whose
licence has been refused and such notice shall inform that person of his right
of appeal under paragraph (b) and of the time within which the appeal may be
brought;

(b)the person whose licence has been revoked or the renewal of whose licence
has been refused may, within twenty-eight days from the date on which a notice
under paragraph (a) is received by him, appeal to the county court on the
ground that there has not been any such contravention as aforesaid or that the
contravention has been of such a trivial or inadvertent nature that the
licence should not be revoked or withheld;

(c)the county court in deciding an appeal brought under paragraph (b) shall
state the reasons for its decision and that decision shall be final.

(11) The Ministry shall, on the payment of a fee of [25p], issue to any person
a certified copy of a potato shipping licence held by him.

(12) Where a licence is suspended or revoked, the holder shall, within three
days of receiving a request for its return to the Ministry, return the licence
to the Ministry together with any certified copies thereof issued to him under
subsection (11).

(13) Licences issued under the Marketing of Potatoes Acts (Northern Ireland)
1928 to 1938 and in force immediately before the date of the coming into
operation of this Act shall cease to be in force on that date but shall be
renewable under this Act and subsection (10) shall apply to any such licence
in like manner as it applies to a licence issued under this Act.

© 1964 Crown Copyright

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