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SAFEGUARDING OF EMPLOYMENT ACT (NORTHERN IRELAND) 1947 - SECT 6

Evidence.

6.(1) Where the Ministry after investigation has reasonable cause to believe
that a person is not a Northern Ireland worker and that he has undertaken or
is engaged in employment in Northern Ireland contrary to the provisions of
section two of this Act, it may serve notice on such person informing him of
such belief and requiring him within twenty-one days from the date of the
service of such notice to satisfy it that he is a Northern Ireland worker.

(2) If any person on whom such notice has been served fails or neglects to
satisfy the Ministry within the said period that he is a Northern Ireland
worker, the Ministry may, on any prosecution brought under section two of
this Act in respect of the employment of that person, certify to the court
that he has so failed or neglected and on such prosecution the production of
such certificate shall be sufficient to prove that the person to whom it
relates is not a Northern Ireland worker unless the person charged shall prove
the contrary and where such certificate is so produced the burden of proving
that the person to whom it relates is a Northern Ireland worker shall lie on
the person charged.

(3) On any prosecution brought in respect of the employment of any person
contrary to the provisions of section two of this Act, evidence that that
person or his employer has paid in respect of that person any employed
person's contribution payable under or by virtue of any of the following
enactments, that is to say:

(a)the Unemployment Insurance Act (Northern Ireland), 1936;

(b)the National Health Insurance Act, 1936, as in force in Northern Ireland;
or

(c)the National Insurance Act (Northern Ireland), 1946, or any enactment for
the repeal of which provision was made by that Act;

(4) Any notice required or authorised to be served under this section may be
served on any person by delivering it to him, or by leaving it at, or sending
it by post to, his usual or last known place of abode or employment.

© 1947 Crown Copyright

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