HC Deb 28 July 1922 vol 157 cc957-8

(1) Any local authority, by whom a register of purveyors of milk is kept under or in pursuance of any enactment in that behalf, may, if they are satisfied that the public health is or is likely to be endangered by any act or default of any person who is registered or who seeks to be registered therein as a retail purveyor of milk, in relation to the quality, storage or distribution of milk, serve upon him a notice to appear before them not less than seven days after the date of the notice to show cause why the local authority should not, for reasons to be specified in the notice, refuse to register him or to remove him from the register, as the case may be, either absolutely or in respect of any specified premises, and if he fails to show cause to their satisfaction accordingly they may refuse to register him or remove him from the register, as the case may be.

Any person aggrieved by any such decision of the local authority as aforesaid may, within twenty-one days, give notice of appeal to a Court of Summary Jurisdiction, and that Court may require the local authority to register such person or not to remove him from the register.

The local authority or such person as aforesaid may appeal from the decision of the Court of Summary Jurisdiction to the next practicable Court of Quarter Sessions, who may confirm or reverse the Order of the Court of Summary Jurisdiction.

The decision of a local authority to refuse registration or to remove any person from the register under this Section shall not have effect until the expiration of the time for appeal to a Court of Summary Jurisdiction nor, where any such appeal is brought, until the appeal is determined; and where notice of appeal from a Court of Summary Jurisdiction under this Section is given within seven days from the date thereof, such decision of the local authority as aforesaid shall not take effect until the appeal to Quarter Session is finally determined.

Where the appeal is from a refusal to register, such person as aforesaid may, until the appeal is finally determined, carry on business as a purveyor of milk notwithstanding that he is not registered.

Mr. WATERSON

I beg to move, in Sub-section (1), to leave out the words "as a retail purveyor of milk."

My right hon. Friend the Minister of Health will remember that we raised this point in Committee. Since then we have had some opportunity of going further into it, which rather justifies our action in bringing it before the House on the Report stage. My right hon. Friend said he would make some inquiries and see what could be done, and I trust that those inquiries have been made, and that he is now prepared to accept the Amendment.

Mr. CAPE

I beg to second the Amendment.

Sir A. MOND

I am sorry that I cannot accept the Amendment. It would extend the scope of the Bill very much and would make it quite unacceptable. I know my hon. Friend wants the Bill to pass, and I hope, therefore, he will not press the Amendment.

Amendment negatived.