Genre: Legal

Horticultural Produce ( Sales on Commission ) Act ( Northern Ireland ) 1927 1927 Chapter 6 An Act to regulate the sale on commission of horticultural produce . [ 31st May 1927 ] Duty of salesman to record and deliver particulars of sales . 1 . -- ( 1 ) Where in the case of any horticultural produce consigned for sale on commission the salesman makes a charge by way of commission or otherwise , he shall enter in a book kept by him for the purpose the names of the owner or consignor of the produce and of every purchaser , and the price paid or agreed to be paid by each purchaser , and shall as soon as practicable after the sale send by post or deliver to the owner or consignor an account containing the following particulars : -- ( a ) the actual price paid or agreed to be paid for the produce , and where there is any variation in price , the number , weight or quantity sold , or agreed to be sold , at each price ; and ( b ) the commission or other charge made by the salesman for selling the produce , together with details of any charges made for services in connection with the sale ; and ( c ) the amounts , if any , paid or payable by the salesman on behalf of the owner or consignor in connection with the sale , with details thereof . ( 2 ) If on any such sale as aforesaid any produce is bought by the salesman or by any person on his behalf , the fact shall be stated in the account ; but nothing in this provision shall be construed as rendering any such transaction , if otherwise illegal , legal . ( 3 ) If any person fails to make any entry , or send or deliver any account , or sends an account not containing the particulars required by this section , or makes an entry or sends or delivers an account which is false in any material particular , he shall be liable on summary conviction [ ... ] F001 to a fine not exceeding [ F001 level 3 on the standard scale ] : Provided that in any proceedings under this section if the defendant proves to the satisfaction of the court that the offence was due to a bona fide mistake or accident , in spite of all reasonable precautions being taken and all due diligence exercised by the defendant to prevent the occurrence of such offence , or the offence was due to the action of some person over whom the defendant had no control , the defendant shall be discharged from the prosecution . ( 4 ) The provisions of this Act shall not apply to the sale of horticultural produce unless the owner or consignor sends to the salesman , before the sale , an advice note specifying the nature and description of the packages consigned and the contents thereof . Inspection of books , etc. 2 . The owner or consignor of any such produce may within ten days of the delivery to him of an account in pursuance of this Act , by notice in writing , require the salesman to produce any records , books , or documents in his possession , so far as they relate to the sale of such produce , for inspection by an accountant nominated by the owner or consignor , being an accountant possessing such qualifications as may be prescribed by the Ministry of Agriculture , and if the salesman refuses or fails to produce for inspection , or destroys or obliterates , any such records , books or documents , or obstructs the accountant in any such inspection , he shall be liable on summary conviction to a fine not exceeding [ F001 level 2 on the standard scale ] . Interpretation . 3 . -- ( 1 ) In this Act the expression " horticultural produce " means vegetables , fruit , flowers and plants . ( 2 ) For the purposes of this Act , produce consigned for sale shall be deemed to have been consigned for sale on commission unless at or before the sale of the produce -- ( a ) the salesman has received from the owner or consignor a direction in writing to the contrary ; or ( b ) the owner or consignor and the salesman have entered into an agreement in writing to the contrary ; and any such agreement may apply either to a particular consignment or generally to all such consignments as may be specified in the agreement . ( 3 ) Where the owner or consignor of any horticultural produce has appointed a person to act as his agent for the purposes of this Act , anything by this Act authorised or required to be done to or by the owner or consignor may be done to or by such agent . Short title . 4 . This Act may be cited as the Horticultural Produce ( Sales on Commission ) Act ( Northern Ireland ) , 1927 .