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AGRICULTURE (POISONOUS SUBSTANCES) ACT (NORTHERN IRELAND) 1954

AGRICULTURE (POISONOUS SUBSTANCES) ACT (NORTHERN IRELAND) 1954 - LONG
TITLE

An Act to provide for the protection of employees against risks of
poisoning by certain substances used in agriculture.
[23rd March 1954]
This Act has been repealed subject to a saving for the application
of section 6(2)(7) (reproduced below) by section 5(2) opf the
Welfare of Animals Act (Northern Ireland) 1972 (see SR 1981/94)

AGRICULTURE (POISONOUS SUBSTANCES) ACT (NORTHERN IRELAND) 1954 - SECT
6
Provisions as to samples.

6.(1) ...

(2) An inspector taking a sample under the preceding sub-section
with the intention of having it analysed shall, if practicable,
forthwith after taking it give information of his intention to the
employer of any person then working as mentioned in sub-section (1)
of section one of this Act on the land or premises in question,
and shall then and there divide the sample into parts, each part
to be marked, and sealed or fastened up, in such manner as its
nature will permit, and shall

(a)if required so to do by an employer so informed, deliver one
part to him;

(b)retain one part for future comparison; and

(c)if the inspector thinks fit to have an analysis made, submit one
part to an analyst approved by the Minister for the purposes of
this Act.

(3) Where it is not practicable for the inspector to give
information of his intention as mentioned in the last preceding
sub-section to an employer, the inspector shall, if he intends to
have the sample analysed and if he can ascertain the name and
address of the employer, forward one part of the sample to him by
registered post or otherwise, together with a notice informing him
that he intends to have the sample analysed.

(4) A document purporting to be a certificate by an analyst
approved by the Minister for the purposes of this Act as to the
result of an analysis of a sample shall in proceedings under this
Act be admissible as evidence of the matters stated therein, but
either party may require the person by whom the analysis was made
to be called as a witness.

(5) In any proceedings under this Act in which the prosecutor
intends to rely on evidence relating to a sample taken under this
section, the summons shall not be made returnable less than fourteen
days from the day on which it is served, and a copy of any
certificate of analysis obtained on behalf of the prosecutor shall
be served with the summons.

(6) In any proceedings under this Act in which the prosecutor
relies on evidence relating to a sample taken under this section,
the part of the sample retained by the inspector for future
comparison shall be produced at the hearing.

(7) The court before which any proceedings are taken under this Act
may, if it thinks fit, and upon the request of either party shall,
cause the part of any sample produced before the court under the
last preceding sub-section to be sent to the officer appointed under
section two of the Administrative Provisions Act (Northern Ireland),
1928, to be the government chemist for Northern Ireland, who shall
make an analysis, and transmit to the court a certificate of the
result thereof, and the cost of the analysis shall be paid by the
prosecutor or the defendant as the court may order.

If, in a case where an appeal is brought, no action has been
taken under the preceding provisions of this sub-section, those
provisions shall apply also in relation to the court by which the
appeal is heard.