Food Act 1984

Section 34.

SCHEDULE 2 Refusal and Cancellation of Registration of Dairymen, Dairy Farms and Dairy Farmers

PART I DAIRYMEN

1 If it appears to an authority by whom dairymen are registered in pursuance of Milk and Dairies Regulations, other than the Minister, that the public health is, or is nicely to be, endangered by any act or default of a person who has applied to be, or, is so registered by the authority, being an act or default committed whether within or without the authority's district in relation to the quality, storage or distribution of milk, they may serve on him a notice—

(a) stating the place and time, not being less than 21 days after the date of the service of the notice, at which they propose to take the matter into consideration ; and

(b) informing him that he may attend before them, with any witnesses whom he desires to call, at the place and time mentioned, to show cause why they should not for reasons specified in the notice, refuse to register him or cancel his registration, as the case may be, either generally or in respect of any specified premises.

2 A person entitled under paragraph 1 to appear before any authority—

(a) may appear in person or by counsel or a solicitor or any other representative; or

(b) may be accompanied by any person he may wish to assist him in the proceedings.

3 If a person on whom a notice is served under paragraph 1 fails to show cause to the authority's satisfaction, they may refuse to register him or may cancel his registration, as the case may be, and—

(a) shall forthwith give notice to him of their decision in the matter; and

(b) shall, if so required by him within 14 days from the date of their decision, give to him within 48 hours after receiving the requirement, a statement of the grounds of the decision.

4 A person aggrieved by the decision of an authority under this Part to refuse to register him, or to cancel his registration, may appeal to a magistrates' court.

5 The court before whom a person registered as a dairyman otherwise than by the Minister is convicted of an offence under any of the provisions relating to milk in this Act, or under Milk and Dairies Regulations, may, in addition to any other punishment, cancel his registration as such.

6 An authority other than the Minister may require a person who applies to them for registration as a dairyman to give to them, before his application is considered, information as to whether he is, or has been, registered as a dairyman, whether by them or the Minister or some other authority, and if an applicant who is so required gives to the authority any information which is false in any material respect, he is guilty of an offence.

7 Where under this Part a person's application for registration is refused, or his registration is cancelled, he shall not be liable for any breach of contract for the purchase of further supplies of milk from any person, if the refusal or cancellation was due to the quality of the milk supplied by that person.

PART II DAIRY FARMS AND DAIRY FARMERS

8 Milk and Dairies Regulations shall provide—

(a) for the refusal by the Minister of registration of a dairy farm or of a person carrying on, or proposing to carry on, the trade of a dairy farmer, if in his opinion, having regard to the conditions existing at the premises to be registered, the regulations cannot be complied with and the registration should be refused ; and

(b) for the cancellation of any such registration by the Minister if in his opinion the regulations are not being complied with and the registration should be cancelled.

9 Any regulations made by virtue of paragraph 8 shall—

(a) require notice to be given to the person affected of any intention to refuse or cancel the registration, stating the grounds on which it is alleged that the regulations cannot be or are not being complied with, as the case may be, and his rights of making objections and representations in accordance with the regulations ;

(b) enable that person, within the time prescribed by the regulations (which shall not be less, in the case of a refusal, than 28 days or, in the case of a cancellation, than 21 days, from the date of service of that notice) to object, in respect of all or any of the grounds stated in that notice, that the regulations can be or are being complied with, as the case may be ;

(c) provide for the reference of any such objection to a tribunal constituted in accordance with the regulations ;

(d) provide for the procedure of that tribunal, and in particular for entitling the person objecting to appear before the tribunal with any witnesses he desires to call, and to require the tribunal to inspect the premises to which the objections relate;

(e) require that tribunal to determine whether the objections are made out and, if not, on which of the grounds in respect of which they are made they are not made out, and provide that, in the event of a difference of opinion among the members of the tribunal, the determination of the majority of them shall be the determination of the tribunal;

(f) require that the determinations of the tribunal shall be reported to the Minister and communicated by him to the person objecting, and to provide that the determinations of the tribunal as stated in the report shall, for the purpose of the proposal to refuse or cancel registration, be conclusive evidence of the facts found by it;

(g) enable that person within the time so prescribed to make representations to the Minister that the registration should not be refused or cancelled on the grounds stated in the notice mentioned in sub-paragraph (a);

(h) provide that no registration shall be cancelled—

(i) in any case, until the expiry of the prescribed time for making objections or representations under the regulations ;

(ii) in a case where an objection is made within that time, until the report of the tribunal on it has been received and considered by the Minister ;

(iii) in a case where representations are made to the Minister within that time, until the representations have been considered by him.

10 There shall be paid out of moneys provided by Parliament to the chairman of any such tribunal as is referred to in paragraph 9 such remuneration (by way of salary or fees) and such allowances as the Minister may, with- the Treasury's approval, determine.