Fisheries (Consolidation) Act, 1959

Registers to be kept by holders of Part X licences.

163.—(1) It shall be the duty of every holder of a salmon dealer's licence—

(a) to keep or cause to be kept at each place to which the licence relates a register in the prescribed form of all purchases and receipts of salmon or trout at or for sale at such place and of all sales, exportations, disposals and removals of salmon or trout made at or from such place, and

(b) within six hours after any such purchase or receipt and within three hours after any such sale, exportation, disposal or removal, to enter in such register the prescribed particulars (which shall not include the price paid by such holder for any salmon or trout purchased, received or sold by him) of such purchase, receipt, sale, exportation, disposal or removal (as the case may be) and of the person from whom such salmon or trout were purchased or received or to whom such salmon or trout were sold, exported or disposed of, or the place to which such salmon or trout were removed (as the case may require).

(2) It shall be the duty of every holder of a salmon exporter's licence—

(a) to keep or cause to be kept at each place to which the licence relates a register in the prescribed form of all exportations of salmon and trout from such place, and

(b) within three hours after every such exportation, to enter in such register the prescribed particulars (which shall not include the price paid by him for any salmon or trout exported by him) of such exportation and of the name of the person to whom the same was made.

(3) Every register kept in pursuance of this section may at any time during which the premises to which the register relates are open for the carrying on of business be inspected by any inspector, and it shall be the duty of the licence holder and of every person keeping such register to produce for the inspection of such inspector on demand such register and also all invoices, consignment notes, receipts and other documents (including copies thereof where the originals are not available) reasonably demanded by such inspector for the purpose of verifying any entry in or explaining any omission from such register.

(4) If any holder of a Part X licence—

(a) fails to keep or cause to be kept such register as is required by this section, or

(b) fails to make or cause to be made in such register within the time hereinbefore mentioned any entry required by this section to be made therein, or

(c) fails to produce or cause to be produced on demand for the inspection of any inspector, any register, document, or copy of a document which he is required by this section so to produce, or obstructs any inspector in the making of such inspection, or

(d) wilfully or negligently makes or causes to be made in such register any entry which is false or misleading in any material particular,

he shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence under this section, to a fine not exceeding ten pounds or, in the case of a second or any subsequent offence under this section, to a fine not exceeding twenty-five pounds.

(5) For the purposes of this section—

(a) inspection of a register or document shall include taking copies thereof or extracts therefrom, and

(b) a demand for inspection of a register or other document shall be deemed to have been duly made to the licence holder if such demand is made verbally on the premises of the licence holder to any person in his employment, and

(c) a refusal or failure to produce a register or other document for inspection if made or committed on the premises of the licence holder by a person in his employment shall be deemed to have been made or committed by the licence holder,

(d) references to a salmon dealer's licence, a salmon exporter's licence or a Part X licence shall be construed as including references to any renewal thereof.