Food Act 1984

6 (1) Milk (Special Designation) Regulations shall, where the issue is as to the revocation or suspension of a licence held by a retailer for a specified area, or as to the refusal to grant such a licence by way of renewal of such a licence, provide—

(a) for requiring the Minister on such an appeal as is mentioned in sub-paragraph (a) of paragraph 2, and when acting as licensing authority, to refer the matter to a tribunal constituted in accordance with the regulations if the person affected so requests;

(b) for requiring that the duty of such a tribunal on any such reference shall be—

(i) to report findings on any question of fact appearing to them to be relevant, and

(ii) in particular, where the issue is as to revocation or suspension on the ground of a breach of condition not being one because of which the holder of the licence has been convicted of an offence under section 45, to find and report whether the breach was in fact committed (which finding shall be conclusive for the purposes of this Schedule):

(c) for requiring the Minister to consider the report of the tribunal before making his decision;

(d) for the procedure of such a tribunal, including provision for conferring on the person affected a right to be heard by the tribunal, and including provision for treating the finding of a majority of the members of such a tribunal as the finding of the tribunal in the event of a difference of opinion among the members;

(e) for securing that any such hearing as mentioned above by a tribunal shall be in public, that the person affected shall be entitled to be heard by himself or by counsel or a solicitor or other representative as he may elect, and that he or his representative shall be entitled to call witnesses and to cross-examine witnesses called by another; and

(f) for securing that such notice of a decision or proposed decision shall be given to the person affected as may be requisite for enabling him effectively to exercise rights conferred on him by virtue of the foregoing provisions of this paragraph.

(2) There shall be paid out of moneys provided by Parliament to the chairman of any such tribunal such remuneration (by way of salary or fees) and such allowances as the authority appointing him may, with the Treasury's approval, determine.