Pigs and Bacon (Amendment) Act, 1939
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Records to be kept by licensees. |
46.—(1) Every licensee under a licence shall keep or cause to be kept at the premises to which such licence relates the prescribed records in the prescribed form and shall make or cause to be made in every such record the prescribed entries within the prescribed time. | |
(2) Every record kept in pursuance of this section may be inspected at any time during office hours by an authorised officer of the Commission and it shall be the duty of the person liable under this section to keep such record to produce for the inspection of such authorised officer on demand such record and also all invoices, consignment notes, receipts and other documents (including copies thereof where the originals are not available) reasonably demanded by such authorised officer for the purpose of verifying any entry in or explaining any omission from such record. | ||
(3) If any person— | ||
(a) fails to keep or cause to be kept such record as is required by this section to be kept or caused to be kept by him, or | ||
(b) fails to make or cause to be made in such record within the time appointed by this section any entry required by this section to be made by him therein, or | ||
(c) fails to produce or cause to be produced for inspection by an authorised officer of the Commission on demand any record, document, or copy of a document which he is required by this section to produce or obstructs any such authorised officer in the making of such inspection, or | ||
(d) makes or causes to be made in such record any entry which is false or misleading in any material particular, | ||
such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds. | ||
(4) For the purposes of this section— | ||
(a) inspection of a record or document shall include taking copies thereof or extracts therefrom, and | ||
(b) a demand for an inspection of a record required by this section to be kept at any premises or of any other document reasonably demanded by an authorised officer of the Commission under this section for the purpose of verifying any entry in, or explaining any omission from such record shall be deemed to have been duly made to the person liable under this section to keep such record if such demand is made verbally at such premises to the senior member of the managerial or clerical staff then present or to the foreman or other senior person in charge of the premises, and | ||
(c) a refusal or failure to produce a record required by this section to be kept at any premises or any other document reasonably demanded by an authorised officer of the Commission under this section for the purpose of verifying any entry in or any omission from such record, if made or committed at such premises by the senior member of the managerial or clerical staff then present or by the foreman or other senior person in charge of the premises shall be deemed to have been made or committed by the person liable under this section to produce such record or document. | ||
(5) Until regulations prescribing the matters or things referred to as prescribed in sub-section (1) of this section are made and have come into force, sections 113 and 152 of the Act of 1935 and any regulations made in relation to any matters referred to in the said sections as prescribed and in force immediately before the transfer date shall continue in force, and upon the coming into force of such first mentioned regulations the said sections 113 and 152 shall cease to be in force. | ||
(6) On and after the transfer date the references in sections 113 and 152 of the Act of 1935 to an authorised officer of the Bacon Marketing Board and to an authorised officer of the Pigs Marketing Board respectively shall during the continuance in force of the said sections by virtue of sub-section (5) of this section be construed as references to an authorised officer of the Commission. |