Milk (Regulation of Supply and Price) Act, 1936

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Alteration or cancellation of registration.

39.—(1) A board may, at any time, alter or cancel the registration of any person in any register kept by it upon the application of such person, or, in the case of an individual, his personal representative or, in the case of a body corporate, the liquidator.

(2) A board may, at any time, without such application as aforesaid alter any registration in any register kept by it in any respect in which such registration appears to such board to be erroneous or misleading.

(3) A board may, at any time, without any such application as aforesaid cancel any registration in any register kept by it if—

(a) such board is satisfied that the registration was procured through fraud or by misrepresentation; or

(b) the person registered in such register has ceased to carry on the business in respect of which he was so registered; or

(c) the person registered in such register, if an individual, has died, or, if a body corporate, has been dissolved and no other person has within three months after such death or dissolution, been registered in the place of the registered person so dead or dissolved; or

(d) the person registered in such register has been adjudicated a bankrupt; or

(e) the person registered in such register has been convicted of an offence under any section of this Act; or

(f) after the expiration of six months from the commencement of Part II of the, Milk and Dairies Act, 1935 (No. 22 of 1935) the premises entered in such register are not or have ceased to be registered in a register of dairymen kept by a sanitary authority under the said Part II.

(4) Before altering or cancelling (otherwise than in accordance with an application in that behalf made under this section) the registration of any person, a board shall give at least two weeks' notice in writing to such person or his personal representative (if any) or the liquidator (as the case may be) stating its intention so to alter or cancel such registration and the reasons therefor, and whenever any such notice is so given the following provisions shall have effect, that is to say:—

(a) such board shall not alter or cancel such registration until the expiration of such notice; and

(b) where any representations are made within seven days after the service of such notice by the person to whom such notice is given, the following provisions shall have effect, that is to say:—

(i) such board shall consider such representations, and

(ii) unless as a result of such consideration such board decides not to alter or cancel such registration, such board, in case such person, within seven days after the service of such notice, requests that an inquiry be held in relation to the matter and pays to such board a fee of five pounds, shall or, in any other case if such board thinks fit so to do, may cause such inquiry to be held, and

(iii) where such board causes any such inquiry to be held, such board shall not alter or cancel such registration until such inquiry has concluded; and

(c) the following provisions shall have effect in relation to every inquiry held under this sub-section, that is to say:—

(i) the board which causes such inquiry to be held shall appoint a fit and proper person to hold such inquiry, and the person so appointed shall have power to take evidence on oath which he is hereby authorised to administer;

(ii) such board shall give to the person (in this paragraph referred to as the registered person) in relation to whom such inquiry is to be held, notice of the time and place of the holding of such inquiry, and the registered person shall be entitled to appear at such inquiry by counsel or solicitor and to adduce evidence;

(iii) if as the result of such inquiry such board decides not to alter or cancel the registration of the registered person, such board shall repay to him, in case he has paid a fee under the immediately preceding paragraph, such fee.

(5) A notice of a board's intention to cancel or alter a registration may be served by delivering it to the person to whom it is addressed or by sending it by post to the person to whom it is addressed at his last known place of abode.