Dairy Produce Act, 1924

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Rectification and cancellation of registration.

22.—(1) The Minister may at any time alter or cancel the registration of any premises under this Act upon the application of the registered proprietor or, in the case of an individual, the personal representative, or, in the case of an incorporated body, the liquidator, of the registered proprietor.

(2) The Minister may at any time, without any such application as aforesaid, alter the registration of any premises under this Act in any respect in which such registration appears to him to be erroneous or misleading.

(3) The Minister may at any time, without any such application as aforesaid, cancel the registration of any premises registered under this Act if he is satisfied—

(a) that the registration of the premises was procured by fraud or by misrepresentation whether fraudulent or innocent; or

(b) that the premises have ceased to be eligible for registration in the register in which the same are registered; or

(c) that the registered proprietor, if an individual, has died, or, if an incorporated body, has been dissolved, and no other person has, within one month after such death or dissolution, been registered as proprietor in the place of the registered proprietor so dead or dissolved; or

(d) that there has been any contravention (whether by way of commission or of omission) of this Act or any regulations made thereunder on the premises; or

(e) that the registered proprietor having made a contract for the sale of butter to be exported from premises of which he is the registered proprietor has without reasonable cause failed or omitted to carry out such contract.

(4) Before altering or cancelling (otherwise than in accordance with an application in that behalf made under this section) the registration of any premises under this Act, the Minister shall give at least one fortnight's notice in writing of his intention so to cancel or alter such registration to the registered proprietor, and shall consider any representations made before the expiration of such notice by such proprietor, and may if he thinks fit cause an inquiry to be held in relation to the matter.

(5) Before altering or cancelling (otherwise than in accordance with an application in that behalf made under this section) the registration of any premises under this Act solely on the ground that the conditions of cleanliness and order are not complied with on the premises, the Minister shall cause an appropriate notice to be served under Part I . of this Act by an inspector in respect of the failure to comply with such conditions, and in the event of such notice or, if such notice is amended by the arbitrator under Part I . of this Act, such notice as so amended being complied with or the notice being annulled by the arbitrator under Part I . of this Act, the registration shall not be altered or cancelled on the ground aforesaid.

(6) Where the Minister proposes to cancel the registration of any premises under this Act on the ground mentioned in paragraph (e) of sub-section (3) of this section the registered proprietor may by notice in writing to the Minister require the matter to be referred to arbitration and in such case the following provisions shall apply:—

(a) the question whether the registered proprietor has or has not failed or omitted to carry out a contract within the meaning of the said paragraph (e) shall be referred to the decision of an arbitrator or arbitrators appointed for the purpose by the Executive Council;

(b) the number of the arbitrators shall be either one or three as the Executive Council shall think proper and the arbitrator or one of the arbitrators (as the case may be) shall be a practising barrister in Saorstát Eireann of not less than twelve years standing;

(c) the Minister and the registered proprietor shall be entitled to appear (with or without solicitor and counsel) and be heard by the arbitrators on the question so referred as aforesaid and to adduce evidence thereon;

(d) the costs of the arbitration (including the arbitrators; fees) shall be in the discretion of the arbitrators;

(e) the decision of the arbitrators shall be final and conclusive and shall not be subject to review by any court;

(f) the costs of every such arbitration (including the fee or fees of the arbitrator or arbitrators) shall upon the application of any of the parties thereto be taxed by a Taxing Master of the High Court.