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


1If 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.

2A 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.

3If 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.

4A 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.

5The 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.

6An 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.

7Where 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.