HC Deb 05 August 1914 vol 65 cc2009-10

(7) It shall be open to any local authority or dairyman aggrieved by any such resolution or order, or withdrawal of order, or by the failure to make such an order, to appeal in a summary manner to a sheriff having jurisdiction in the district within which the dairy is situated, and the sheriff may either make an order requiring the dairyman to cease from supplying milk, or may vary or rescind any order which has been made by the local authority, and he may at any time withdraw any order made under this Section. Pending the disposal of any such appeal, the order shall remain in force.

(8) Any proceedings in respect of a contravention of any order under this Section shall be taken before a sheriff having jurisdiction in the district where the dairy is situated.

(9) A dairyman shall not be liable in damages for breach of contract if the breach be due to an order under this Section.

(10) If any dairyman sustain any damage by reason of an order under this Section, and the damage has not arisen by reason of his default, the local authority making the order shall be liable to pay to the dairyman full compensation for such damage. If the order arose out of proceedings under Sub-section (2) of this Section, the local authorities therein mentioned shall be jointly liable to pay in equal proportions full compensation to the dairyman for such damage. For the purpose of determining the amount of compensation payable under this Section the provisions of Section one hundred and sixty-four of the Public Health (Scotland) Act, 1897, shall apply. Where the districts mentioned in Sub-section (2) aforesaid are not within the jurisdiction of the same sheriff, it shall be competent for the sheriff of the district within which the dairy is situated to determine any action for recovery of compensation under this Section.

Amendment made: In Sub-section (7), at end, add the words "unless previously withdrawn."—[Major Hope.]

In Sub-section (10), leave out the words, "Sub-section (2)" ["Under Sub-section (2) of this Section"], and insert instead thereof the words, "Sub-sections (2) and (3)."—[Mr. McKinnon Wood.]