# The Milk (Special Designations) (Scotland) Order 1988, Article 13: Defences against suspension, revocation, or refusal to renew licences


(1) The local authority or the Secretary of State on appeal shall not suspend or revoke a licence or refuse to grant a licence by way of renewal of an existing licence on the ground of any breach of a condition thereof if the holder of the licence proves to the satisfaction of the local authority or the Secretary of State, as the case may be, that —
(a) neither he nor any servant or agent of his did, or knew of the doing of, any act that constituted the breach or can reasonably be regarded as having been the cause or amongst the causes of it, or omitted to do, or knew of an omission to do, any act the omission whereof constituted the breach or the doing whereof can reasonably be regarded as a precaution that would have prevented it; and
(b) if the breach was in connection with milk that had been sold to him, the special designation the use of which his licence authorised was used for the purpose of the sale to him and was so used without any breach, discoverable by the exercise of reasonable diligence on the part of himself or any servant or agent of his, of a condition of the licence to use that special designation held by the person who sold the milk to him, being a condition relating to the design, closing, fastening or marking of the containers in which the milk was sold to him.
(2) The local authority or the Secretary of State on appeal shall not suspend or revoke a licence or refuse to grant a licence by way of renewal of an existing licence on the ground of a breach of a condition thereof, being a condition relating to the satisfaction by a sample of the milk to which the licence relates of any test to which the milk is required to be subjected in accordance with the provisions of this Order, unless —
(a) in the case of any licence, there has been a breach in the case of not fewer than three such samples and no sample taken in the period intervening between the taking of the first and of the third such sample has satisfied such test, the said period being not less than 21 and not more than 28 days; or
(b) in the case of a pasteuriser’s licence, a steriliser’s licence or a licence to treat milk by the ultra high temperature method, the local authority are or, as the case may be, the Secretary of State is satisfied, on a review of the results of the tests of all such samples taken in the period of twelve months immediately preceding the date on which the review is made, that the licence should be suspended or revoked or that a licence should not be granted by way of the renewal thereof, as the case may be.

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Source: https://www.legislation.gov.uk/uksi/1988/2191/article/13 (the official version)
Page: https://openlegislation.uk/milk-special-designations-scotland-order-1988/article-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.