DUTY OF SELLER TO GIVE STATUTORY STATEMENT (Hansard, 7 April 1970)

§ Mr. E. Rowlands
I beg to move Amendment No. 32, in page 53, line 34, leave out from 'given' to 'but' in line 35 and insert: 'not later than the time when the material is delivered to the purchaser and, if given before that time, shall be deemed to have been given at that time'. The purpose of this Amendment is to prevent enforcement of the accuracy of 442 statutory statements from being frustrated in cases where the statements are given some time in advance of delivery of the material.
As hon. Members are aware, the purpose of the statements which Clause 65 requires to be given is to provide purchasers with accurate information concerning the fertiliser or feeding stuff; for example, its nutrient content. It is an offence for these particulars to be false or incomplete. Local authorities, whose duty it is to enforce the Bill, have a power under Clause 73 to take samples to test the accuracy of the particulars in the statement and may, if they think fit, prosecute the seller if the analysis reveals the particulars to be false. Such proceedings must, by virtue of the Magistrates' Courts Act, be instituted not later than six months from the date of the offence, which in this case would be the giving of the statutory statement.
Hon. Members will appreciate that it is necessary to ensure that if statutory statements are given in advance of delivery, this must not be permitted to frustrate the duty of local authorities to ensure the accuracy of the particulars which the statements contain. It has, however, recently been brought to our attention that in some circumstances—particularly bulk contracts for feeding stuffs in which delivery may be spread over a lengthy period—statutory statements required under the present Measure are given some time in advance. Since, as I mentioned, the offence relates from the giving of the statement, cases could arise in which, by the time delivery had taken place and material was available for sampling, there would remain insufficient time in which to take proceedings.
The Amendment provides a very simple means of overcoming this difficulty. By providing that in cases where statutory statements are given in advance of delivery of the material, they shall be deemed to have been given at the time of delivery; the commission of an offence will occur at the time when the material was delivered, and thus available for sampling. Thus, the enforcement problem is overcome without unnecessarily restricting the flexibility of sellers' arrangements in the timing of the giving of the statements concerned.

§ Mr. Jopling
At first sight, the Amendment appears difficult to understand. After that explanation I am somewhat wiser, though it is a complex matter. If the Amendment will make enforcement more effective, it is to be welcomed.

Mr. W. H. K. Baker
The Minister pointed out that any proceedings must be brought under the Magistrates' Courts Act. That sounds fine, but I feel certain that that Act does not apply to Scotland. As the hon. Gentleman has given information relating to England and Wales, would be explain how this provision will operate in Scotland? This Amendment will make a considerable alteration to the Bill. I hope that we shall have an answer to the important point about how it affects Scotland.

§ Mr. Rowlands
It does apply to Scotland. The Scottish example is covered.

Mr. Baker
Am I right in understanding that the hon. Gentleman has now said that the Magistrates' Courts Act applies to Scotland?

§ Mr. Rowlands
The point I made was that this point is covered by Scottish legislation.