Local Authorities (Combined Purchasing) Act, 1939

Revocation of appointment of official contractor.

9.—(1) An official contractor may at any time apply to the Minister for the revocation of his appointment as such contractor, and thereupon the Minister may, if he is satisfied that such revocation will not occasion additional expense to the local authorities for the supply of commodities to whom such contractor was appointed to be an official contractor, revoke by order such appointment, but may, if he so thinks proper, postpone by such order the taking effect of such revocation to such subsequent date as may be necessary in his opinion to avoid the occasioning of such additional expense as aforesaid.

(2) Whenever the Minister is satisfied that an official contractor has failed to carry out a contract deemed by virtue of this Act or by virtue of the Act of 1925 to have been entered into by him with a local authority, or has failed to observe and perform an undertaking entered into by him in pursuance of this Act or has failed to fulfil any other obligation imposed on him by this Act, the Minister may, subject to the provisions of this section, by order revoke the appointment of such official contractor.

(3) Before revoking under the next preceding sub-section of this section the appointment of an official contractor, the Minister shall give to such official contractor one week's notice in writing of his intention to revoke such appointment and shall consider such (if any) representations as may be made to him by such official contractor in respect of such revocation before the expiration of such notice.

(4) The following provisions shall have effect in respect of the revocation under this section of the appointment of an official contractor otherwise than on his own application, that is to say:—

(a) such revocation shall take effect as on and from such date (not being prior to the date of the order effecting such revocation) as shall be stated in that behalf in such order;

(b) where the official contractor to whom such revocation relates was an official contractor by virtue of two or more appointments in respect of different commodities, such revocation shall relate to the appointment as official contractor in respect of which the failure occasioning such revocation took place, but may, if the Minister so thinks proper and so states in the order effecting such revocation, extend to all such appointments or to such and so many of such appointments as the Minister shall think proper and shall specify in such order;

(c) no such revocation shall prejudice or affect any contract deemed by virtue of this Act or by virtue of the Act of 1925 to have been entered into between the official contractor to whom such revocation relates and a local authority before the day on which such revocation takes effect, or release such official contractor or such local authority from their respective obligations under such contract.

(5) Whenever the appointment of an official contractor is revoked under this section, such official contractor shall, on the day on which such revocation takes effect, cease to be an official contractor by virtue of the appointment so revoked, but such revocation shall not terminate or affect any other appointment of such official contractor to be an official contractor unless such revocation is extended thereto by the order effecting such revocation.