Milk and Dairies Act, 1935

Refusal of registration of dairymen.

23.—(1) Where an application is made to a sanitary authority for registration in the register of dairymen kept by such authority, such authority, if they are satisfied that applicant is not a fit and proper person to carry on the business of a dairyman or that the premises in respect of which he seeks registration are not suitable, may by order (in this Part of this Act referred to as a refusal order)—

(a) refuse to register the applicant and the premises in respect of which the applicant seeks registration, or

(b) where the applicant requests registration in respect of several premises, register the applicant in respect of some of those premises but refuse to register the applicant in respect of the remainder of those premises.

(2) Every refusal order shall state the grounds on which the order is made.

(3) Where a sanitary authority makes in relation to an application a refusal order the following provisions shall have effect, that is to say:—

(a) the sanitary authority shall serve on the applicant a copy of such order;

(b) the sanitary authority shall send to the Minister a copy of such order;

(c) the applicant may within twenty-one days after the service of such copy appeal in the prescribed manner to the Minister against such refusal order;

(d) in the event of such appeal being duly made, the Minister shall, after considering the matter, make, as he thinks proper, either an order confirming such refusal order or an order directing the sanitary authority to register the appellant in the register of dairymen kept by them in accordance with the terms of the application or with such modifications as to the Minister may seem proper.