Poultry Improvement Act (Northern Ireland) 1968

N.I. Reference of disputes

10 (1) A person whose application for a licence has been refused (except on any of the grounds mentioned in paragraph 3( d) or whose licence has been revoked or refused to be renewed (except on any of the grounds mentioned in paragraph 7( c) or ( d)) and who questions the existence or sufficiency of the grounds of the refusal or revocation may demand a reference thereupon in accordance with the succeeding provisions of this Schedule. N.I.

(2) The Minister of Agriculture shall from time to time prepare a panel of not less than three persons each of whom shall be a practising barrister-at-law or a practising [F1 solicitor of the Supreme Court of Judicature in Northern Ireland ] , in either case of not less than seven years standing.

(3) Where a person, not later than the expiration of fourteen days from the date of the service on him of notice of the refusal or revocation, serves on the Ministry notice in writing of his intention to demand a reference under this paragraph, the Ministry shall send to him a copy of the panel mentioned in sub-paragraph (2) which is for the time being in force, and that person may select from the panel the name of a member thereof and may, not later than twenty-eight days from the date on which the copy of the panel was so sent to him, serve on the Ministry a demand for a reference, naming the member selected and stating the matters which he questions; and on the receipt by the Ministry of a demand so served those matters, to the extent that they are within the application of sub-paragraph (1), shall stand referred to the member of the panel so named.

(4) [F2 Part I of the Arbitration Act 1996] shall not apply in relation to any reference under this paragraph.

(5) The Ministry may pay to a person acting as referee on a reference under this Schedule fees and travelling and other allowances in respect of his services in accordance with such scales and subject to such conditions as the Ministry may determine with the approval of the Ministry of Finances.

F1 By Constitutional Reform Act 2005 (c. 4), ss. 59(5), 148(1), Sch. 11 para. 5 and S.I. 2009/1604, art. 2(d) it is provided that wherever they occur in any enactment, for the words "solicitor of the Supreme Court of Judicature of Northern Ireland" there is substituted (1.10.2009) the words "solicitor of the Court of Judicature of Northern Ireland".

F2 1996 c.23

11 (1) A referee acting under this Schedule may by notice in writing require any person— N.I.

(a) to attend at the time and place set forth in the notice to give evidence or to produce any books or documents in his custody or under his control which relate to any matter in question on the reference; or

(b) to furnish within such reasonable period as is specified in the notice such information relating to any matter in question on the reference as the referee may think fit and as the person so required is able to furnish;

so however that—

(i) no person shall be required in obedience to such a notice to attend at any place which is more than ten miles from the place where he resides unless the necessary expenses are paid or tendered to him; and

(ii) nothing in this sub-paragraph shall empower the referee to require any person to produce any book or document or to answer any question which he would be entitled, on the ground of privilege or otherwise, to refuse to produce or to answer if the hearing of the reference were a proceeding in a court of law.

(2) The expenses mentioned in paragraph (1)(i) shall be paid or tendered—

(a) where the notice is issued on the application of any party to the reference, by that party;

(b) where the notice is issued without any such application, by the Ministry.

(3) A referee may administer oaths and examine witnesses on oath and may accept in lieu of evidence on oath by any person a statement in writing by that person.

(4) Any person who refuses or wilfully neglects to attend in obedience to a notice under sub-paragraph (1), or to give evidence, or who wilfully alters, suppresses, conceals, destroys or refuses to produce any book or document which he may be required to produce by any such notice, or who refuses or wilfully neglects to furnish any information which he is required to furnish under head (b) of sub-paragraph (1), shall be guilty of an offence.

12 N.I. The parties to the reference may appear—

(a) in the case of the person demanding the reference, in person, or by solicitor or counsel; or

(b) in the case of the Ministry, by an authorised officer, or by solicitor or counsel;

and may cross-examine witnesses.

13 (1) The following provisions shall have effect with respect to the confirmation or quashing of any refusal or revocation in relation to which a reference has been demanded under paragraph 10, namely— N.I.

(a) subject to head ( b), if no ground of objection to the refusal or revocation which is relevant having regard to the provisions of paragraph 10(1) is established to the satisfaction of the referee, he shall confirm the refusal or revocation;

(b) if no such ground of objection is so established, but the referee is nevertheless of opinion that the grounds upon which the refusal or revocation was made (not being grounds excepted from the application of paragraph 10(1)) are insignificant, or so trivial that the refusal or revocation should not be upheld, he may quash the refusal or revocation;

(c) if such a ground of objection is so established, the referee shall quash the refusal or revocation.

(2) Where the referee quashes a refusal or revocation as mentioned in head ( b) of sub-paragraph (1) he shall state his reasons for the opinion mentioned in that head.

(3) Where a refusal or revocation is quashed under this paragraph, the Ministry shall issue or, as the case requires, restore or renew, the licence in question.

(4) The quashing under this paragraph of the revocation of a licence shall not effect the previous operation of that revocation.

14 (1) A referee acting under this Schedule may make orders as to the expenses incurred by the parties to the reference, and the parties by whom any such expenses (including any expenses incurred by the Ministry under paragraph 10(5) or 11(2)( b)) shall be paid. N.I.

(2) Any expenses awarded to the Ministry under sub-paragraph (1) shall be recoverable by the Ministry summarily as a civil debt.