Flax Act , 1936

1 Definitions.

1.—In this Act—

the expression “the Minister” means the Minister for Agriculture;

the word “prescribed” means prescribed by regulations made by the Minister under this Act;

the word “premises” when used in relation to the register of flax-growing premises kept under this Act means agricultural land;

the word “inspector” means a person appointed in writing (either generally or for a particular purpose) by the Minister to be an inspector for the purposes of this Act;

the expression “registered premises” means premises registered in a register kept by the Minister under this Act;

the expression “registered flax-growing premises” means premises registered in the register of flax-growing premises kept under this Act;

the expression “registered scutch-milling premises” means premises registered in the register of scutch-milling premises kept under this Act;

the expression “registered proprietor of registered flax-growing premises” means a person who is entered in the register of flax-growing premises kept under this Act as the proprietor of premises registered in that register;

the expression “registered proprietor of registered scutch-milling premises” means a person who is entered in the register of scutch-milling premises kept under this Act as the proprietor of premises registered in that register;

the expression “sale season” means the period beginning on the 1st day of October in any year and ending on the 31st day of March in the next following year.

2 Area to which this Act applies.

2.—(1) The Minister shall, as soon as conveniently may be after the passing of this Act make an order (in this Act referred to as the principal flax area order) appointing the area to which this Act shall apply.

(2) The Minister may at any time at his discretion by order (in this Act referred to as an amending flax area order) alter, whether by addition or subtraction or both addition and subtraction, as on and from a specified day not less than fourteen days after the date of such order, the area to which this Act applies.

(3) The area to which this Act applies may, as the Minister shall think proper, be one continuous area or be two or more separate non-contiguous areas.

(4) In this Act (including this section) the expression “the area to which this Act applies” means the area to which this Act for the time being applies by virtue of the principal flax area order and every, if any, amending flax area order for the time being in force.

3 Provisions consequential on exclusion from area to which this Act applies.

3.—Whenever any area (in this section referred to as the excluded area) ceases, by virtue of an amending flax area order, to be included in the area to which this Act applies, the following provisions shall have effect, that is to say:—

(a) such cesser shall not affect—

(i) the previous operation of this Act in the excluded area or anything done or suffered under this Act in the excluded area, or

(ii) any right, privilege, obligation, or liability acquired, accrued, or incurred under this Act in the excluded area, or

(iii) any penalty, forfeiture, or punishment incurred under this Act, or

(iv) any investigation, legal proceeding, or remedy in respect of any such right, privilege, obligation, penalty, forfeiture, or punishment as aforesaid, and

(b) any offence under any section of this Act committed before such cesser may be investigated, prosecuted tried and punished after and notwithstanding such cesser as if such cesser had not occurred.

4 Registers to be kept under this Act.

4.—(1) The Minister shall, as soon as may be after the passing of this Act, establish and thereafter keep the following registers, that is to say:—

(a) a register (in this Act referred to as the register of flax-growing premises) of premises in the area to which this Act applies on which or any part of which flax is grown or intended to be grown; and

(b) a register (in this Act referred to as the register of scutch-milling premises) of premises in the area to which this Act applies in which is carried on the business of scutching flax.

(2) There shall be entered in each of the registers kept in pursuance of this section the following particulars in respect of every premises registered in such register, that is to say:—

(a) the full name and description of the proprietor of such premises, and

(b) a description of such premises sufficient to identify the same.

5 Registration in the register of flax-growing premises.

5.—(1) Any person who grows or proposes to grow flax on any land in the area to which this Act applies may apply to the Minister, in the prescribed form and manner, for the registration of such land in the register of flax-growing premises.

(2) The following provisions shall apply and have effect in relation to every application under this section for the registration in the register of flax-growing premises of land which is in the occupation of the applicant, that is to say:—

(a) such application may be made at any time;

(b) such application, and the registration (if any) made in the said register in pursuance thereof, may extend to the whole or to a specified portion of a farm or holding in the occupation of the applicant, notwithstanding that he uses or proposes to use part only of such farm or holding or of such specified portion thereof for growing flax;

(c) if such application is granted, the registration in the said register in pursuance of such application shall continue in force until cancelled under this Act

(3) The following provisions shall apply and have effect in relation to every application under this section for the registration in the register of flax-growing premises of land which is not in the occupation of the applicant, that is to say:—

(a) such application may be made—

(i) in the year 1936 at any time after the passing of this Act and before the Minister fixes under this Act the quota in respect of the sale season beginning on the 1st day of October, 1936, and at no other time, and

(ii) in any other year on or after the 1st day of January in such year and on or before the last day of February in the same year and at no other time;

(b) such application, and the registration (if any) in the said register made in pursuance thereof, shall be limited to land on which the applicant proposes actually to grow flax during the year in which such application is made;

(c) if such application is granted, the registration in the said register in pursuance thereof shall (unless sooner cancelled under this Act) continue in force until the sale season commencing next after the date of such application and shall then expire;

(d) if the land to which such application relates is already registered in the said register in the name of the occupier thereof, the registration (if any) made in the said register in pursuance of such application shall operate to cancel, for the duration of such registration, the said registration of such land in the name of the occupier thereof.

(4) The Minister may refuse, on any of the following grounds, an application for the registration of land in the register of flax-growing premises, that is to say:—

(a) that the applicant was previously registered in the register of flax-growing premises (whether in respect of the same or other land) and his registration therein was cancelled;

(b) that the Minister is not satisfied that flax had been grown on such land within ten years before the passing of this Act;

(c) that, having regard to the number of persons already registered in the register of flax-growing premises, it is not in the public interest that any other persons should be so registered;

(d) that the relevant provisions of this Act are not or have not been complied with.

(5) Whenever an application is made to the Minister under this section for registration in the register of flax-growing premises, the Minister shall, unless he refuses such application on a ground authorised by this section, register in the said register the land to which such application relates and register in such register the applicant as the proprietor of such land.

6 Registration in the register of scutch-milling premises.

6.—(1) Any person who carries on or proposes to carry on the business of scutching flax in premises in the area to which this Act applies may apply to the Minister, in the prescribed form and manner, for the registration of such premises in the register of scutch-milling premises.

(2) The Minister may refuse, on any of the following grounds, an application for the registration of premises in the register of scutch-milling premises, that is to say:—

(a) that, in the opinion of the Minister, such premises are not suitable or are not adequately equipped for carrying on therein the business of scutch-milling;

(b) that, in the opinion of the Minister, such premises or the equipment thereof are not in good repair, order, and condition;

(c) that the Minister is not satisfied that the applicant is competent to carry on efficiently the business of scutch-milling and employs in such premises a sufficient number of persons who are competent to scutch flax efficiently;

(d) that, having regard to the number of persons or the number of premises or both such numbers already registered in the said register, the registration of the applicant in the said register in respect of the premises to which the application relates is not, in the opinion of the Minister, in the public interest;

(e) that the applicant was previously registered in the register of scutch-milling premises (whether in respect of the same or other premises) and his registration therein was cancelled;

(f) that the relevant provisions of this Act are or have not been complied with.

(3) Whenever an application is made to the Minister under this section for registration in the register of scutch-milling premises, the Minister shall, unless he refuses such application on a ground authorised by the next preceding sub-section of this section, register in the said register the premises to which such application relates and register in the said register the applicant as the proprietor of such premises.

7 Information by applicants for registration.

7.—(1) Every person who applies to the Minister for the registration of any premises in a register kept under this Act shall, when required by the Minister so to do, furnish to the Minister all such information as the Minister may require for the consideration of such application.

(2) The Minister may require any statement of fact made in an application for registration in a register kept under this Act or made to the Minister in response to a request for information under the next preceding sub-section of this section to be verified by the statutory declaration of some person having personal knowledge of the facts so stated.

(3) If any person, in an application for registration in a register kept under this Act or in furnishing any information in pursuance of a requisition of the Minister under this section, makes any statement which is false or misleading in any material respect, such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(4) If any person fails to furnish any information or verification which such person is required by the Minister under this section to furnish, the Minister may, on the ground of such failure, refuse the application in relation to which such information or verification was so required.

8 Notice of intention to refuse application for registration.

8.—Before refusing an application for registration in a register kept under this Act, the Minister shall serve by registered post on the applicant for such registration seven days' notice of the Minister's intention to refuse such application and of the reasons for such refusal and shall consider any representations made by such applicant within seven days after the service of such notice.

9 Transfer of registration on transfer of premises.

9.—Whenever the ownership of the whole of any premises registered in a register kept under this Act has been transferred, whether by act of the parties or by operation of law, from the person who is entered in such register as the proprietor of such premises to another person, the Minister shall, on being satisfied of the fact of such transfer, amend the registration of such premises in such register by entering therein the name of such other person as proprietor of such premises.

10 Amendment of registers.

10.—(1) The Minister may, at any time, on his own motion amend a register kept under this Act by correcting any manifest error therein.

(2) The Minister shall, on the application of the registered proprietor of premises registered in a register kept under this Act, amend such register by correcting any error in the description in such register of such registered proprietor or of such premises or by entering in such register a change in the ownership of such premises or a change (whether by addition, reduction, or otherwise) in such premises.

(3) Where the Minister is satisfied that the registered proprietor of premises registered in a register kept under this Act has died, the Minister shall amend such register by entering therein the fact of such death and registering in such register, as the proprietor of such premises, the personal representative (if any) of such deceased proprietor or the successor in title of such deceased proprietor or such other person as the Minister shall think proper in the circumstances of the case.

11 Cancellation of registration.

11.—(1) The Minister may, at any time, cancel the registration of any premises in a register kept under this Act upon the application of the registered proprietor of such premises.

(2) The Minister may, at any time, without any such application as aforesaid, cancel the registration of any premises in a register kept under this Act if he is satisfied—

(a) that the registration of such premises was obtained by fraud or by misrepresentation, whether fraudulent or innocent, or

(b) that, in the case of the cancellation after the expiration of two years from the passing of this Act of the registration of premises registered in the register of flax-growing premises, no flax has been grown on such premises during the period of two years immediately preceding such cancellation or, in the case of premises registered in the register of scutch-milling premises, the business of scutch milling has ceased to be carried on in such premises, or

(c) that the registered proprietor of such premises, if an individual, has died or, if a body corporate, has been dissolved and, in either case, no other person has within three months after such death or dissolution been registered as proprietor of such premises in place of the registered proprietor so dead or dissolved, or

(d) that there has, in the opinion of the Minister, been a contravention (whether by way of commission or of omission) of this Act or a regulation made thereunder by the registered proprietor of such premises.

(3) Before cancelling (otherwise than in accordance with an application in that behalf made under this section) the registration of any premises the Minister shall give at least one month's notice in writing of his intention so to cancel such registration to the registered proprietor of such premises or his personal representative (if any) or its liquidator (as the case may be), and shall consider any representations made within seven days after the service of such notice by such registered proprietor, personal representative, or liquidator (as the case may be).

(4) A notice under this section of the Minister's intention to cancel the registration of premises may be served by delivering it to the person to whom it is addressed or by sending it by post to the person to whom it is addressed at the premises to which such notice relates.

12 Returns of flax proposed to be grown.

12.—Every registered proprietor of registered flax-growing premises shall, on or before the prescribed date in every year, send to the Minister in the prescribed form and manner a return (in this Act referred to as the return of flax proposed to be grown) stating whether he does or does not intend to sow any flax in such premises in such year and, where he so states that he intends so to sow any flax, also stating the acreage of the portion of such premises in which he intends so to sow flax.

13 Returns in respect of flax actually grown.

13.—(1) Every registered proprietor of registered flax-growing premises shall, not later than the 30th day of September in the year 1936 and not later than the 30th day of June in every subsequent year, send to the Minister in the prescribed form and manner a return (in this Act referred to as the return of flax sown) stating whether he has or has not sown any flax in such premises in such year and, where he so states that he has so sown any flax also stating the registered scutch-milling premises to which he intends to send for scutching the produce of the flax so sown.

(2) Every registered proprietor of registered flax-growing premises who fails to make in accordance with this section any return which he is required by this section to make shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding twenty-five pounds.

14 Obligation to send flax to specified scutch-mill.

14.—(1) Save as is otherwise provided by this section it shall not be lawful for the registered proprietor of registered flax-growing premises to send flax grown on such premises for scutching to any scutch-milling premises except either the scutch-milling premises specified in the return made in that behalf under this Act in respect of such flax or such other scutch-milling premises as shall be specially authorised for that purpose by the Minister.

(2) The Minister may, whenever he so thinks fit, require the registered proprietor of registered flax-growing premises to send flax grown on such premises for scutching to specified scutch-milling premises, and every such registered proprietor shall, on being required so to do, send flax grown on flax-growing premises of which he is the registered proprietor for scutching to the scutch-milling premises so specified by the Minister.

(3) Every registered proprietor of registered flax-growing premises who shall send any flax grown on such premises for scutching to any scutch-milling premises in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five shillings for every stone of flax so sent.

15 The standard price.