Milk (Regulation of Supply) Act, 1994

Alteration or cancellation of registration.

13.—(1) The Agency may alter or cancel the registration of any person in any register upon the application of that person or, in the case of an individual, that person's personal representative or, in the case of a body corporate, the liquidator, receiver or examiner.

(2) The Agency may alter any entry in a register which appears to the Agency to be erroneous or misleading.

(3) The Agency may cancel any entry in a register if—

(a) the Agency is satisfied that the entry was procured through fraud or by misrepresentation, or

(b) the registered person has ceased to carry on the registered business, or

(c) the registered person, if an individual, has died, or, if a body corporate, has been dissolved and no other person has within three months after such death or dissolution been registered in the place of the registered person, or

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

(e) the registered person has been convicted of an offence under this Act, or

(f) the premises entered in the register are not or have ceased to be approved under the Council Directive, or

(g) in the case of a registered producer, that producer fails to supply the quantities of milk specified in a registered contract as being due for supply during the winter months.

(4) (a) Before altering or cancelling (otherwise than in accordance with an application under subsection (1)) an entry in a register, the Agency shall give at least two weeks' notice in writing to the registered person or personal representative or to the trustee in bankruptcy or the liquidator, receiver or examiner (as the case may be) stating its intention to do so and the reasons therefor.

(b) The Agency shall not alter or cancel the entry before the expiration of the notice.

(c) Where any representations are made within seven days (or such longer period as the Agency may think proper) after the service of the notice by the person to whom the notice is given the Agency shall consider the representations.

(5) Unless the Agency decides not to alter or cancel the entry—

(a) the Agency, in case that person, within seven days (or such longer period as the Agency may think proper) after service of the notice, requests that an inquiry be held in relation to the matter and pays to the Agency the prescribed fee, shall cause an inquiry to be held, and

(b) in any other case, the Agency may do so if it thinks fit.

(6) Where the Agency causes an inquiry to be held, it shall not alter or cancel the entry before the inquiry has concluded.

(7) The following provisions shall have effect in relation to the inquiry—

(a) the Agency shall appoint a fit and proper person to hold the inquiry, and the person so appointed shall have power to take evidence on oath and to administer the oath;

(b) the Agency shall give to the registered person notice of the time and place of the holding of the inquiry, and the registered person shall be entitled to appear at the inquiry by counsel or solicitor and to adduce evidence;

(c) if as the result of the inquiry the Agency decides not to alter or cancel the entry the Agency shall repay any fee which the registered person has paid in respect of the inquiry.

(8) A notice of the Agency's intention to cancel or alter any entry may be served by delivering it to the person to whom it is addressed or by sending it by post to that person at that person's last known place of abode.

(9) A producer whose registration is cancelled in pursuance of subsection (3) (g) shall not be eligible for re-registration by the Agency for a period of at least two years from the date of such cancellation.