§ Amendments reported (according to Order).
§ Clause 2:
§ Power to refuse registration of, or remove from register, retailers of mill.
§ 2.—(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 endangered by any act or default of his in relation to the quality, storage or distribution of milk, refuse to register any person, being a retailer of milk, who seeks to be registered therein, or may decide to remove any such person from the register either absolutely or in respect of any specified premises, and shall thereupon serve upon him notice in writing of such refusal or decision, as the case may be.
§ (2) If any person be aggrieved by such refusal or decision, the local authority shall, within twenty-one days from the date thereof, apply to a court of summary jurisdiction, and the court may, if satisfied that such refusal or removal is not necessary in the interests of the public health, make an order directing the local authority to register the person or restore him to the register as the case may be
§ (3) Where, on any such appeal to a Court of Summary Jurisdiction, the court make or refuse to make such order as aforesaid the local authority or the person aggrieved as aforesaid as the case may be, may appeal to Quarter Sessions who may, where an order has been made, revoke the order, or, where an order has been refused, make any order which the Court of Summary Jurisdiction might have made (4) The court before whom any person so registered as aforesaid is convicted of any offence under the said Acts or any order or regulations made thereunder, may, on the application of the local authority, in addition to any other penalty, order the removal from the register of the person so convicted either absolutely or in respect of any specified premises for such period as the court may think fit
§
THE PARLIAMENTARY SECRETARY OF THE MINISTRY OF HEALTH (THE EARL OF ONSLOW) moved, in subsection (1), after "is" ["the public health is endangered"], to insert "or is likely to be," and to leave out from "default of" to the end of subsection (3), and insert:
any person being a retailer of milk who is registered or who seeks to be registered therein, 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
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should not refuse, for reasons to be specified in the notice, to register him or to remove him from the register, as the ease may be, either absolutely or in respect of any specified premises.
(2) Where, in the opinion of the local authority, the person on whom a notice is served as aforesaid fails to show cause against such refusal or removal, the local authority shall within twenty-one days apply to a court of summary jurisdiction, and the court may, if satisfied that the public health is, or is likely to be endangered as aforesaid, make an order authorising the local authority to refuse to register the person or to remove him from the register, as the ease may be, either absolutely or in respect of any specified premises, and subject to such conditions, if any, as the court may think fit
(3) Where, on any such application to a court of summary jurisdiction, the court make or refuse to make such order as aforesaid, the local authority or the person against whom the order is made, as the case may be, may appeal to the next court of quarter sessions, who may, where an order has been made, revoke the order, or, where an order has been refused, make any order which the court of summary jurisdiction might have made
If notice of such appeal from the decision of the court of summary jurisdiction is given within seven days from the date thereof, no order made by that court shall have effect before the appeal is finally determined.
§ The noble Earl said: My Lords, this Amendment is designed to meet the views of both Lord Bledisloe and Lord Strachie. During the Committee stage I promised that I would look into the matter again, and I have endeavoured to meet the views of both noble Lords by this Amendment. They have been consulted, or the bodies they represent have been, and I understand that the Amendment gives satisfaction. Briefly, the object is to prevent anyone being interfered with in his business until he has exhausted the last appeal—namely, the appeal to Quarter Sessions. There is also in the amended clause an alteration to meet the noble Lord, Lord Treowen. It is being introduced in subsection (2) and gives the court power to impose conditions in the event of the removal of a person from the register or of refusal to put him upon it. I beg to move.
§
Amendments moved—
Page 1, line 16, after ("is") insert ("or is likely to be"), and leave out from ("of") to end of line 19 on page 2, and insert the said words.—(The Earl of Onslow.)
§ On Question, Amendments agreed to.
§ THE EARL OF ONSLOW moved, in subsection (4), to leave out "the said Acts," and insert "this Act, or any other enactment relating to milk and dairies." 313 noble Earl said: This empowers the court to impose a penalty—removal from the register of any person convicted of an offence under this or any other milk and dairies Act. It really is a drafting Amendment.
§
Amendment moved—
Page 2, lines 21 and 22, leave out ("the said Acts") and insert ("this Act or any ether enactment relating to milk and dairies").—(The Earl of Onslow.)
§ On Question, Amendment agreed to.
§ Clause 6:
§ Milk and Dairy Orders to be laid before Parliament
§ 6. All orders made by the Minister of Health under this Act or under any enactment relating to milk and dairies shall be laid before each House of Parliament as soon as may be after they are made; and if an Address is presented to His Majesty by either House of Parliament within the next subsequent twenty days on which that House has sat next after the order is laid before if, praying that the order may be annulled, it shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder or to the making of a new order. If the session of Parliament ends before such twenty days as aforesaid have expired, the order shall be laid before each House of Parliament at the commencement of the next session as if it had not previously been laid.
§
Amendments moved—
Page 3, line 23, after ("orders") insert ("relating to milk and dairies")
Page 3, line 24, after ("any") insert ("other")
Page 3, lines 24 and 25, leave out ("relating to milk and dairies").—(The Earl of Onslow.)
§ On Question, Amendments agreed to Clause 9
§ Penalties.
§ 9. If any person is guilty of a contravention of, or non-compliance with, the provisions of this Act or any of them, he shall save as otherwise provided in this Act, be liable on summary conviction to a fine not exceeding in the case of a first offence, five pounds, and in the case of a second or subsequent offence, fifty pounds, and if the offence is a continuing offence, to a further fine not exceeding forty shillings for each day during which the offence continues: Provided that when it is made to appear to the satisfaction of the authority by or on whose behalf proceedings are about to be taken—
- (a)that the actual occupier of the dairy or owner of the business of milk purveyor by wholesale or retail has used all due diligence to enforce the execution of this Act and the Milk and Dairies Orders; and
- (b)by what person the offence has been committed; and
- (c) that it has been committed without the knowledge, consent, or connivance of the occupier of the dairy or the owner of the business of milk purveyor by wholesale or retail and in contravention of his orders;
§
THE EARL OF ONSLOW moved to omit the proviso and insert the following new subsections:
(2) Where it appears to a local authority that an offence has been committed in respect of which proceedings might be taken under this Act against a purveyor of milk, the local authority shall, if reasonably satisfied that the offence of which complaint is made was due to an act or default of a servant or agent without the knowledge, consent, or connivance of his employer, take proceedings against the servant or agent without first proceeding against his employer;
(3) A person shall not be convicted of any offence under any enactment relating to the sale of milk in respect of a sample of milk taken after the milk has left his custody and control if it is proved to the satisfaction of the court that the churn or other receptacle in winch the milk was contained was effectively closed and sealed at the time when it left his custody and control but was not so closed and sealed at the time when it reached the person by whom the sample was taken.
§ "The noble Earl said: My Lords, in the debate on the Committee stage I accepted the Amendment of Lord Astor, which was moved by Lord Strachie, with a reservation that drafting additions might have to be made at this stage. The Amendment of Lord Strachie and Lord Astor is embodied in subsection (2), and I think it is now in a more concise form than it was originally. Subsection (3) is to meet Lord Strachie's Amendment to safeguard the farmer from being prosecuted for something done to his milk when it is not under his control. I understand that, as now drafted, it meets the noble. Lord's view
§
Amendment moved—
Page 4, line 15, leave out from ("continues") to end of Clause 9, and insert the said new subsections.—(The Earl of Onslow.)
§ On Question, Amendment agreed to.
§
THE EART OF ONSLOW moved, after Clause 10, to insert the following new clause:
.If a county council resolve that a district council within the county have failed to exercise or perform any of their powers or duties under this Act or any enactments relating to milk and dairies or any order or regulations made thereunder and make complaint thereof to the Minister
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of Health, the Minister may after such inquiry as he deems necessary by order determine that all or any of the said powers or duties be transferred to the county council. either for a definite period or until the Minister shall otherwise direct, and those powers and duties shall be transferred accordingly, and section sixty-three of the Local Government Act, 1894, shall apply as if the powers and duties had been transferred under that Act with such modifications and adaptations as appear necessary or expedient.
§ The noble Earl said: My Lords, this clause was mentioned by me during the discussion of the first Amendment of Lord Bledisloe in Committee. It empowers a county council to take action when a district council has failed to do so in regard to authorising registration. It is optional on the county council, and does not impose any expense. I understand that it is regarded as satisfactory.
§
Amendment moved—
After Clause 10 insert the said new clause.—(The Earl of Onslow.)
§ On Question, Amendment agreed to.