Milk (Regulation of Supply) Act, 1994

Appeals against decisions of Agency.

19.—(1) A producer or processor may appeal to the Minister against—

(a) the refusal of the Agency to register a contract under section 6 (1),

(b) the cancellation of registration of a person in any register under section 8 (7),

(c) the alteration of any entry in any register under section 13 (2), or

(d) the cancellation of an entry in any register under section 13 (3),

and the appeal shall be heard and determined by an officer of the Minister appointed by the Minister for that purpose.

(2) (a) A producer or processor who is dissatisfied with a decision under this section may appeal to the Circuit Court against the decision.

(b) The jurisdiction conferred on the Court by this subsection shall be exercised by the judge for the time being assigned to the circuit where the appellant ordinarily resides or where either the producer or the processor carries on business or, at the option of the appellant, by a judge of the Court for the time being assigned to the Dublin circuit.

(c) Subject to paragraph (d), a decision of the Court under paragraph (a) shall be final.

(d) An appeal may be brought to the High Court on a point of law against such a decision.

(3) The Agency shall be entitled to be represented and to be heard at any appeal under this section.

(4) Where an appeal is brought to a Court under subsection (2) in relation to the alteration or cancellation of an entry in a register, the Court, if it so thinks proper, may by order suspend the operation of the alteration or cancellation until the final determination of the appeal or for such other period as the Court may determine.