Veterinary Medicinal Products, Medicated Feed and Fertilisers Regulation Act 2023

Licences generally - Part 2

34. (1) A licence shall contain such terms and conditions as the Minister decides. The licence may be suspended or revoked if any of the terms or conditions attached to it are not complied with by the holder of the licence.

(2) An application for a licence or alterations to a licence shall be—

(a) made in such form and manner and contain such information as the Minister decides, and

(b) accompanied by such fee (if any) as the Minister specifies in regulations. Fees to accompany applications for licences or alterations are not refundable.

(3) A person who, when applying for a licence furnishes information to the Minister knowing it to be false or misleading in any material respect, commits an offence and shall be liable on summary conviction to a class A fine.

(4) The Minister may vary the terms or conditions of a licence.

(5) The Minister may withdraw a licence where he or she considers the holder is not complying with the licence or any terms or conditions attached to it.

(6) (a) Where the Minister proposes to refuse to grant a licence or to withdraw or vary a licence, the Minister shall notify the applicant or holder of the proposal. The applicant or holder may within such period as the Minister allows in the notification, being not less than 14 days, make representations in writing to the Minister in relation to the proposal. The Minister, where no representations are made within that period, or where representations are so made and having considered the representations, may grant or refuse to grant the licence or withdraw or vary the licence and notify the applicant or holder of the decision.

(b) If the decision is to refuse the grant of the licence or to withdraw or to vary the licence, the person may within 14 days of being notified of the decision, appeal to a judge of the District Court in whose district he or she carries on the business of the retail of veterinary medicinal products. On hearing the appeal, the judge may confirm the decision of the Minister or allow the appeal. The decision of the court is final save that an appeal on a point of law lies to the High Court.

(c) A decision of the Minister to withdraw or vary a licence takes effect on the notification of the decision to the holder. The holder, if making an appeal under paragraph (b), may apply to the court where the appeal is lodged to have the decision suspended until the appeal is determined or withdrawn.

(7) In this section, “licence” means a licence granted under this Part.