AGRICULTURE (POISONOUS SUBSTANCES) ACT (NORTHERN IRELAND) 1954

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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.

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Northern Irish Legislation

AGRICULTURE (POISONOUS SUBSTANCES) ACT (NORTHERN IRELAND) 1954 - SECT 6