SHOPS ACT (NORTHERN IRELAND) 1946 - SECT 36 Provisions as to offences and penalties.

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SHOPS ACT (NORTHERN IRELAND) 1946 - SECT 36

Provisions as to offences and penalties.

36.(1) In the case of any contravention of any of the provisions of this Act
or of any order or regulation made thereunder or in the case of any breach of
a condition imposed by any such order or regulation, being a contravention or
breach in respect of which no penalty is provided by or under any other
provision of this Act, the occupier of the shop shall be liable to a fine not
exceeding

(a)where such contravention or breach arises under or by virtue of any
provision contained in Part II of this Act, ten pounds for every person or
young person in respect of whom the contravention or breach occurs; and

(b)where such contravention or breach arises otherwise than under or by virtue
of any provision contained in Part II of this Act, in the case of a first
offence, five pounds, and in the case of a second or subsequent offence,
twenty pounds.

(2) Where any person is charged with keeping open a shop for the serving of
customers or with despatching or delivering goods in contravention of
this Act, it shall be a good defence to prove that reasonable grounds existed
for believing that the goods supplied, despatched or delivered were required
in the case of illness or emergency and for this purpose it shall, unless the
contrary be proved, be assumed that the sale of any medicines, medical or
surgical appliances (including baby foods and feeding appliances) is required
in case of illness or emergency.

(3) Where an offence for which the occupier of a shop is liable under this Act
has in fact been committed by some manager, agent, servant or other person,
the manager, agent, servant or other person shall be liable to the like
penalty as if he were the occupier.

(4) Where any person is charged under or by virtue of this Act with any
offence other than an offence to which sub-section (5) of section twenty of
this Act relates, he shall be entitled upon information duly laid by him to
have any other person whom he charges as the actual offender brought before
the court at the time appointed for hearing the charge; and, if, after the
commission of the offence has been proved, he proves to the satisfaction of
the court that he has used due diligence to enforce the execution of the Act,
and that the said other person has committed the offence in question without
his knowledge, consent or connivance, the said other person shall be summarily
convicted of such offence, and the occupier shall be exempt from any fine.

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Northern Irish Legislation

SHOPS ACT (NORTHERN IRELAND) 1946 - SECT 36