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bye laws relating to public health or to any other matter which in the opinion of the Home
Secretary and of tlie Minister of Health concerns the functions of the Minister rather than
those of the Home Secretary, the confirming authority shall be the Minister. The validity of
a bye.law shall not be questioned in any legal proceedings on the ground that the Home
Secretary or the Minister is not the confirming authority.
Under sections 39 and 40 one code of procedure is laid down for making bye.laws in
lieu of section 114of the Public Health (London) Act, 1891, and of the Municipal Corporations
Act, 1882, and for obtaining their confirmation. A standard maximum fine of £5 (with a
daily penalty of £2 for continuance of the offence) is provided.
Notwithstanding anything contained in the Metropolitan Police Courts A.ct, 1839, or
in any other Act, every penalty recovered under or in pursuance of any of the aforesaid
bye.laws shall be payable to the authority taking the proceedings leading to the recover}' of
the penalty.
Milk Ad, 1934.
2.—This statute came into operation on the 15th August, 1934, and provides for
temporarily securing to producers of milk, by means of payments out of moneys provided by
Parliament, a minimum return in respect of milk used in the manufacture of milk products ;
for conditionally requiring repayment to the Exchequer of the amount of such payments ;
for making, out of moneys so provided, payments for the purposes of improving the quality
of the milk supply and increasing the demand for milk ; for regulating the manner in which
milk is described for the purposes of advertisement, and sale; for imposing and conferring
certain duties and powers on boards administering milk marketing schemes ; and for purposes
connected with these matters.
The Borough Council will be affected by Section 10, which has been enacted in
substitution of section 3 of the Milk and Diaries (Amendment) Act, 1922, which deals with
licences to sell milk under special designations. Any order now in force under the 1922 Act
continues until revoked. The amending section is as follows :—
3.—(1) The Minister of Health, after consultation with the Minister of Agriculture and Fisheries,
may by order—
(а) prescribe, in relation to milk of any description, such designation (hereinafter
referred to as a " special designation ") as he considers appropriate ; and
(b) as respects any special designation, provide for the granting by the Minister of
Health or local authorities of licences (hereinafter referred to as " milk licences")
authorising the use of that special designation ; and
(c) prescribe the periods for which, and the conditions (including conditions as to
the payment of fees) subject to which, milk licences in general or milk licences of any
particular class are to be granted ;
(d) provide for the revocation or suspension of a milk licence in the event of a
breach of any condition subject to which the licence was granted ; and
(e) provide for entitling any person aggrieved by the refusal, suspension or revocation
of a milk licence by a local authority to appeal to the Minister of Health ; and
(f) provide for such matters as are necessary for giving effect to, or are incidental
to, or consequential on, any provisions contained in the order by virtue of the foregoing
provisions of this sub.section."
" (2) No person shall, for the purpose of the sale or advertisement Of any milk—
(a) use a special designation in any manner calculated to suggest chat it refers to
that milk, unless there is in force a milk licence authorising the use of that designation
in connection with that milk; or