Food Act 1984

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.