Agricultural Produce (Eggs) Act, 1939

Alteration and cancellation of registration.

23.—(1) The Minister may at any time alter or cancel the registration of any premises under this Act upon the application of the registered proprietor, or in the case of an individual, the personal representative, or, in the case of an incorporated body, the liquidator, of the registered proprietor.

(2) The Minister may, at any time, without any such application as aforesaid, alter the registration of any premises under this Act in any respect in which such registration appears to him to be erroneous or misleading.

(3) The Minister may, at any time, without any such application as aforesaid, cancel the registration of any premises under this Act if he is satisfied—

(a) that the registration of the premises was procured by fraud or by misrepresentation, whether fraudulent or innocent; or

(b) that the premises have ceased to be eligible for registration in the register in which they are registered by reason of the fact that they do not comply with all or any of the conditions of registration applicable there to; or

(c) that the registered proprietor, being an individual, has died and no other person has, within six months after such death, been registered as proprietor in the place of the said deceased registered proprietor; or

(d) that the registered proprietor, being an incorporated body, has been dissolved and no other person has, within one month after such dissolution, been registered as proprietor in the place of the said dissolved registered proprietor;

(e) that the registered proprietor, if an individual, has been adjudicated a bankrupt or, if an incorporated body, has been compulsorily wound up; or

(f) that there has been a contravention (whether by way of commission or of omission) of this Act or a regulation made thereunder on the premises; or

(g) that the registered proprietor having made a contract for the purchase or sale of eggs has, without reasonable cause failed or omitted to carry out such contract; or

(h) that the business in respect of which such premises are registered has ceased to be carried on in such premises; or

(i) in the case of premises registered in the register of wholesalers, that the registered proprietor has caused or knowingly permitted the marks placed in pursuance of this Act on any eggs, or on any package of eggs, exported from the said premises to be altered (whether in or outside Ireland) or has in any other way acted, in relation to eggs or packages of eggs so exported, in a manner which is prejudicial to the reputation of Irish eggs.

(4) The following provisions shall apply and have effect in relation to the alteration or cancellation under this section (otherwise than in accordance with an application in that behalf made under this section) of the registration of any premises under this Act, that is to say:—

(a) the Minister shall not make any such alteration or cancellation unless or until he has given to the registered proprietor of such premises or his personal representative or its liquidator (as the case may be) at least one fortnight's notice in writing stating that the Minister has under his consideration the making of such alteration or cancellation, and stating the grounds on which such alteration or cancellation is so under consideration;

(b) the Minister shall consider any representations in relation to such alteration or cancellation made to him by any person interested before the expiration of the said notice;

(c) the Minister may, if he thinks fit, cause an inquiry to be held in relation to such alteration or cancellation;

(d) such alteration or cancellation, if made at all, shall be made within three months after the expiration of the said notice.