The Milk (Special Designations) (Scotland) Order 1988

Appeals

15.—(1) The holder of a licence whose licence has been suspended or revoked or an applicant to whom the local authority have refused to grant a licence (whether by way of renewal of an existing licence or otherwise) may, within 21 days of receiving notification of the local authority’s decision, appeal to the Secretary of State against the local authority’s decision to suspend or revoke or to refuse the licence, as the case may be.

(2) On such an appeal being made the Secretary of State —

(a) shall notify the appellant —

(i) that he may within 21 days make representations in writing to the Secretary of State; and

(ii) where the issue is the suspension or revocation of a licence held by a retailer for a specified area or the refusal to grant a licence by way of renewal of such a licence, that he may within the like period request the Secretary of State to refer the matter to a tribunal; and

(b) where such a request is made, shall refer the matter to a tribunal; and

(c) on receipt of the tribunal’s report, shall send a copy thereof to the appellant and to the local authority and before determining the appeal shall consider the report of the tribunal.

(3) On any such appeal —

(a) any reference in this Order to the doing of anything to the satisfaction of the local authority shall be treated as if the reference were to the doing of that thing to the satisfaction of the Secretary of State who in determining the appeal may, if he thinks fit, take into consideration any change of circumstances brought about since the date of the local authority’s decision;

(b) the Secretary of State shall give his decision in writing and shall give reasons for his decision;

(c) the determination of the Secretary of State shall be final and the local authority shall comply therewith.

(4) An appellant may withdraw his appeal at any time by sending notice in that behalf to the Secretary of State.

(5) Where under this article any issue is referred to a tribunal, the constitution and procedure of the tribunal shall be in accordance with the provisions of Schedule 7.