Wool Marketing Act, 1968

Cancellation, revocation, suspension and restoration of registrations or licences.

9.—(1) The Minister shall—

(a) cancel the registration of any person in the register,

(b) revoke a licence granted to a person under this Act,

upon the application of the person or, in the case of a deceased person, his personal representative, or in the case of a body corporate, the liquidator.

(2) The Minister may, if he so thinks fit, cancel or suspend the registration of any person in the register or revoke or suspend a licence granted under this Act, if—

(a) he is satisfied that the registration or licence, as the case may be, was procured by fraud or misrepresentation,

(b) the person so registered or licensed has ceased to carry on the business of a buyer of wool or an exporter of wool, as may be appropriate,

(c) the person so registered or licensed, if an individual, has died, or if a body corporate, has been dissolved,

(d) the person so registered has been adjudicated a bankrupt,

(e) he is satisfied that—

(i) the premises in respect of which the person is so registered or any plant or machinery in such premises does not comply with the requirements of any regulations made under this Act and applicable thereto, or

(ii) the condition mentioned in section 6 (2) (b) (iii) is not being complied with,

(f) he is satisfied that a condition attached to such a licence has not been complied with,

(g) the person so registered or licensed has committed an offence under this Act.

(3) Whenever the Minister proposes to cancel, revoke or suspend under subsection (2) the registration of or a licence granted to any person, he shall, before doing so, give at least one month's notice in writing to the person or his personal representative (if any) or its liquidator, as may be appropriate, of his intention and the reasons therefor and in case the Minister intends to so suspend the registration or licence the period for which the Minister intends to so suspend the registration or licence shall be specified in the notice.

(4) Whenever the Minister gives a notice mentioned in subsection (3) the following provisions shall have effect, namely:

(a) the Minister shall not cancel, revoke or suspend the registration or licence to which the notice relates until the expiration of the notice;

(b) in case representations are made to the Minister before the expiration of the notice by the person to whom the notice is given, the Minister shall consider them;

(c) if, within seven days after the date of the notice, the person to whom the notice is given makes a request to the Minister for the holding of an inquiry in relation to the matter, the Minister shall cause an inquiry to be held (unless, as a result of the consideration of representations made to him, the Minister has decided not to cancel, revoke or suspend the registration or licence, as the case may be);

(d) where an inquiry is held under this subsection, the Minister shall not cancel, revoke or suspend the registration or licence until he has considered the report of the person making the inquiry;

(e) the Minister shall appoint a person who is a practising barrister of at least ten years' standing to hold any inquiry under this subsection and the person so appointed shall have power to take evidence on oath which he is hereby authorised to administer and shall make a report to the Minister of his findings at the inquiry;

(f) the Minister shall give to the person who requested the holding of the inquiry notice of the time and place of the holding of the inquiry and the person shall be entitled to appear at the inquiry personally or by counsel or solicitor and to adduce evidence;

(g) there shall be paid to a person holding an inquiry under this subsection such remuneration as the Minister, with the consent of the Minister for Finance, may fix.

(5) Whenever the Minister cancels, revokes or suspends a registration or licence, he shall cause a statement of his reasons for doing so to be laid before each House of the Oireachtas.

(6) In case the Minister cancels, revokes or suspends under this section a registration or licence he may subsequently, if he so thinks fit—

(a) in the case of a suspension—lift the suspension,

(b) in the case of a cancellation or revocation—restore the registration or grant (without payment of the prescribed fee (if any)) a new licence, as may be appropriate.