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S.I. No. 561/1941 - Harbour Rates (Cork Port and Harbour) Order, 1940 (Amendment) Order, 1941.

STATUTORY RULES AND ORDERS. 1941. No. 561.

HARBOUR RATES (CORK PORT AND HARBOUR) ORDER, 1940 (AMENDMENT) ORDER, 1941.

Harbour Rates (Cork Port and Harbour) Order, 1940 (Amendment) Order, 1941, made by the Minister for Industry and Commerce on the 8th day of December, 1941, pursuant to sub-section (2) of Section 3 of the Harbours (Regulation of Rates) Act, 1934 .

WHEREAS it is enacted by subsection (1) of Section 3 of the Harbours (Regulation of Rates) Act, 1934 (No. 2 of 1934), that the Minister for Industry and Commerce may, if and whenever he thinks fit on the application of the harbour authority for any harbour or on the application of any person who uses or is interested in the use or development of such harbour, or without any such application, by order (in the said Act referred to as a harbour rates order) fix all or any of the rates, or, where he so thinks fit, the maximum rates to be charged by the harbour authority of such harbour:

AND WHEREAS it is enacted by sub-section (2) of the said section that the Minister for Industry and Commerce may if and whenever he thinks fit, on any such application as is mentioned in sub-section (1) of the said section or without any such application, by order revoke or amend a harbour rates order within the meaning of the said Act:

AND WHEREAS the Harbour Rates (Cork Port and Harbour) Order, 1940 ( S. R. & O. No. 390 of 1940 ), is a harbour rates order within the meaning of the said Act and the Cork Harbour Commissioners have applied to the Minister for Industry and Commerce for an order amending such harbour rates order:

AND WHEREAS the Minister for Industry and Commerce has pursuant to the provisions of sub-section (1) of Section 5 of the said Act given notice dated the 11th day of November, 1941, of his proposal to make such Order to the said Commissioners, and has given the directions mentioned in that sub-section in respect of the notice required thereby to be published by the said Commissioners:

AND WHEREAS the said Commissioners have duly published such notice, and such notice has contained the particulars mentioned in sub-section (2) of Section 5 of the said Act as regards making objections and representations to the Minister for Industry and Commerce in respect of such proposed order:

NOW, the Minister for Industry and Commerce, in exercise of the powers conferred on him by sub-section (2) of Section 3 of the Harbours (Regulation of Rates) Act, 1934 (No. 2 of 1934), and of every and any other power him in that behalf enabling, hereby orders as follows:—

1. (1) This Order may be cited as the Harbour Rates (Cork Port and Harbour) Order, 1940 (Amendment) Order, 1941.

(2) This Order shall come into operation on the 10th day of December, 1941.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. The Harbour Rates (Cork Port and Harbour) Order, 1940 ( S. R. & O. No. 390 of 1940 ), shall be construed and have effect:—

(a) as if the rates specified in Part I of the First Schedule to the said Order were increased by fifty per cent., and

(b) as if the reference in paragraph 5 of the said Order to an increase of fifty per cent. were a reference to an increase of one hundred and twenty-five per cent.

GIVEN under the Official Seal of the Minister for Industry and Commerce, this 8th day of December, 1941.

(Signed) R. C. FERGUSON,

Secretary,

Department of Industry and Commerce.