S.I. No. 66/1947 - Footwear (Maximum Prices) Order, 1947.


STATUTORY RULES AND ORDERS. 1947. No. 66.

FOOTWEAR (MAXIMUM PRICES) ORDER, 1947.

I, SEÁN F. LEMASS, Minister for Industry and Commerce, in exercise of the powers conferred on me by Article 31 of the Emergency Powers Order, 1939 (S. R. & O. No. 224 of 1939), as amended by the Emergency Powers (No. 173) Order, 1942 (S. R. & O. No. 166 of 1942) (which Orders are continued in force by the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22 of 1946)), and of every and any other power me in this behalf enabling, hereby order as follows:—

1 Short title

1. This Order may be cited as the Footwear (Maximum Prices) Order, 1947.

2 Interpretation generally

2.—(1) In this Order—

the expression "the Minister" means the Minister for Industry and Commerce;

the word "manufacturer" means a person who manufactures or produces partly or wholly any footwear or any person for whose account any manufacturer or producer manufactures or produces partly or wholly under any set of conditions any footwear;

the words "importer," "wholesaler," and "retailer," shall have the meanings customarily attached to them in the course of trade in footwear;

the words "wholesale" and "retail," and the expressions "sell by wholesale," and "sell by retail" shall have the meanings customarily attached to them in the course of trade in footwear;

the word "footwear" means any article of footwear of any description, including boots, bootees, shoes, sandals, clogs, slippers, goloshes, rubber over-shoes, and leggings or gaiters, but excluding—

(i) any article mentioned in the Schedules to Cloth, Clothing and Knitting Wool (Maximum Prices) Order, 1946 ( S. R. & O. No. 381 of 1946 ) as amended by any subsequent Order, and

(ii) any article of footwear the specified retail price or the marginal retail price (as the case may be) of which exceeds £3 3s. Od. per pair;

the word "bootees" and the expressions "surgical boots" and "riding boots" shall have the meanings customarily attached to them in the course of trade in footwear;

the expression "the appointed day" means the 28th day of March, 1947.

the expression "specified retail price footwear" means any footwear which was manufactured or produced in the State, and is sold by a manufacturer on or after the appointed day;

the expression "marginal retail price footwear" means any footwear which is imported on or after the appointed day;

the expression "authorised officer" means—

(i) any officer of Customs and Excise;

(ii) any member of the Garda Siochana;

(iii) any person who is an authorised officer for the purposes of the Emergency Powers (General Rationing Provisions) Order, 1944 (S. R. & O. No. 130 of 1944).

(2) In this Order references to selling shall be construed as including references to agreeing or offering to sell or to inviting an offer to buy.

(3) In making any calculation for the purposes of this Order any fraction of a penny shall be taken as one penny.

3 Appropriate manufacturer's prices for specified retail price footwear

3. For the purposes of this Order, the appropriate manufacturer's price for any specified retail price footwear which is of a description set out in column (2) of the First Schedule hereto shall be—

(a) in the case of any manufacturer who has an arrangement with the Minister for the control of prices and profits, a price not exceeding a price determined in accordance with such arrangement, or

(b) in the case of any manufacturer to whom directions in regard to prices have been given by the Minister, a price fixed in accordance with such directions, or

(c) in the case of any other manufacturer, the price current and fixed by such manufacturer from time to time during the period between the appointed day and a date on which such manufacturer shall enter into a price arrangement with the Minister for the control of prices and profits.

4 Appropriate wholesale prices for footwear

4.—(1) For the purposes of this Order, the appropriate wholesale price of any specified retail price footwear of a description set out in column (2) of the First Schedule hereto at any reference number shall be the sum of—

(a) the appropriate manufacturer's price of such footwear, and

(b) a percentage of such price not exceeding the wholesaler's margin, appropriate to the footwear, mentioned in column (3) of the said First Schedule at the said reference number.

(2) For the purposes of this Order, the appropriate wholesale price of any marginal retail price footwear of a description set out in column (2) of the Second Schedule hereto at any reference number shall be the amount of—

(a) the cost to the original importer of the footwear, and

(b) a percentage of such cost not exceeding the wholesaler's margin, appropriate to the footwear, mentioned in column (3) of the said Second Schedule at the said reference number.

5 Specified retail prices and marginal retail prices

5.—(1) For the purposes of this Order, the specified retail price of any specified retail price footwear of a description set out in column (2) of the First Schedule hereto at any reference number shall be a price not exceeding—

(a) in case a wholesaler's margin is allowed under Article 10 of this Order, a price calculated by adding to the appropriate manufacturer's price of such footwear a percentage of such manufacturer's price not exceeding the wholesaler's margin, appropriate to the footwear, mentioned in column (3) of the said First Schedule at the said reference number and by adding to the sum thus obtained a percentage not exceeding the retailer's margin, appropriate to the footwear, mentioned in column (4) of the said First Schedule at the said reference number.

(b) in any other case, the sum of the appropriate manufacturer's price of such footwear and a percentage of such price not exceeding the retailer's margin, appropriate to the footwear, mentioned in column (4) of the said First Schedule at the said reference number.

(2) For the purposes of this Order, the marginal retail price of any marginal retail price footwear of a description set out in column (2) of the Second Schedule hereto at any reference number shall be a price not exceeding—

(a) in case the footwear is footwear in respect of which the retailer is entitled to a wholesaler's margin under Article 10 of this Order, a price calculated by adding to the sum of—

(i) the cost of the footwear to the retailer, and

(ii) a percentage of such cost not exceeding the wholesaler's margin, appropriate to the footwear, mentioned in column (3) of the said Second Schedule at the said reference number,

a percentage of such sum not exceeding the retailer's margin, appropriate to the footwear, mentioned in column (4) of the said Second Schedule at the said reference number,

(b) in any other case, the sum of—

(i) the price paid by the retailer to an importer or a wholesaler for the footwear and

(ii) a percentage of the said price not exceeding the retailer's margin, appropriate to the footwear, mentioned in column (4) of the said Second Schedule at the said reference number.

6 Obligations of manufacturers as regards specified retail price footwear

6.—(1) On and after the appointed day no manufacturer shall sell any specified retail price footwear which is of a description set out in column (2) of the First Schedule hereto at a price exceeding the appropriate manufacturer's price for that footwear.

(2) On and after the appointed day no manufacturer shall sell any specified retail price footwear which is of a description set out in column (2) of the First Schedule hereto unless there is marked on the footwear the specified retail price for that footwear.

7 Obligations of wholesalers as regards footwear

7.—(1) On and after the appointed day no person shall sell by wholesale any specified retail price footwear which is of a description set out in column (2) of the First Schedule hereto at a price exceeding the appropriate wholesale price for that footwear.

(2) On and after the appointed day no person shall sell by wholesale any marginal retail price footwear which is of a description set out in column (2) of the Second Schedule hereto at a price exceeding the appropriate wholesale price for that footwear.

(3) On and after the appointed day no person shall sell by wholesale any specified retail price footwear which is of a description set out in column (2) of the First Schedule hereto unless there is marked on the footwear the specified retail price for that footwear.

8 Obligations of retailers as regards footwear

8.—(1) On and after the appointed day no person shall sell by retail any specified retail price footwear which is of a description set out in column (2) of the First Schedule hereto at a price exceeding the specified retail price for that footwear.

(2) On and after the appointed day no person shall sell by retail any marginal retail price footwear which is of a description set out in column (2) of the Second Schedule hereto at a price exceeding the appropriate marginal retail price for that footwear.

(3) On and after the appointed day no person shall sell by retail any specified retail price footwear which is of a description set out in column (2) of the First Schedule hereto unless there is marked on the footwear the specified retail price for that footwear.

9 Discounts

9. The provisions of this Order shall not operate to exclude or prevent the allowance or payment of cash discounts and references to appropriate manufacturer's prices and appropriate wholesale prices shall be taken to mean the prices calculated in accordance with the provisions of the Order before making any deductions for cash discounts, provided, however, that, on and after the appointed day, the discount to be allowed under any set of conditions in of any footwear to any person shall not exceed, as a percentage of the said appropriate manufacturer's price or appropriate wholesale price, the discount which was allowed on such footwear to such person under the same set of conditions in of any transactions during the year ended 31st March, 1943.

10 Persons entitled to wholesaler's margins

10.—(1) Any person who, in respect of any footwear under any set of conditions, enjoyed the benefit of a wholesaler's margin on and before 1st January, 1943, shall continue to secure the benefit of such wholesaler's margin on such footwear under the same set of conditions.

(2) Any person who claims the benefit of a wholesaler's margin and, who did not enjoy the benefit of such wholesaler's margin on or before the 1st day of January, 1943, may apply to the Minister for licence authorising him to secure the benefit of a wholesaler's margin and the Minister may, in his discretion, grant or refuse such application and, where he grants the application, attach to the licence granted any conditions which he considers proper.

(3) Where a licence is granted under this Article, the licensee shall secure the benefit of the wholesaler's margin specified in the licence, but such licensee shall comply with every (if any) condition attached to the licence.

(4) Save as provided by this Article, a person shall not, on or after the appointed day, benefit from a wholesaler's margin on any controlled article under any set of conditions.

11 Sales to wholesalers to other wholesalers

11. The provisions of this Order shall not operate to prevent any person from selling by wholesale any footwear to another person for the purposes of re-sale by wholesale, subject to the provisions of the Order in regard to the price of such footwear, provided always, however, that no such sale shall be made on terms that the wholesale price of any footwear shall include, provision for more than one wholesaler's margin or that the specified retail price or the marginal retail price of any footwear shall include provision for more than one wholesaler's margin and one retailer's margin, both calculated in accordance with the provisions of this Order.

12 Effect of directions by the Minister

12. Where a direction is given by the Minister in respect of any particular person or group of persons or in respect to any particular footwear or classification of footwear, the provisions of this Order shall, if and in so far as they are inconsistent with such direction, have effect subject to such direction.

13 Removal of price marks from specified retail price footwear

13. No person engaged in the business of selling any specified retail price footwear, the specified retail price of which is marked thereon, shall remove, alter, deface or destroy the price mark on such footwear.

14 Inspection, etc

14. Every person who carries on or is employed in connection with the business of selling any footwear is hereby required from time to time—

(a) to produce, at the request of an authorised officer, to such authorised officer any books or documents relating to the importation, acquisition (including purchase), disposal (including sale) or use of any footwear which are in his power, possession or procurement, to permit such authorised officer to inspect and take extracts from such books or documents, and give to such authorised officer any information, which such authorised officer may reasonably require with regard to any entries in such books or documents;

(b) to afford to an authorised officer all reasonable facilities for the inspection and measurement of any stocks of footwear held by such first-mentioned person;

(c) to give to any authorised officer any information, which such authorised officer may reasonably require, in regard to the importation, acquisition (including, purchase), disposal (including sale) or use of any footwear.

15 Restriction of application of certain Orders

15. The Emergency Powers (Footwear) (Maximum Prices) Order, 1943 (S. R. & O. No. 251 of 1943), as amended by Emergency Powers Footwear) (Maximum Prices) Order, 1943 (First Amendment) Order, 1944 (S. R. & O. No. 198 of 1944), the Emergency Powers (Footwear) (Maximum Prices) Order, 1943 (Second Amendment) Order, 1944 (S. R. & O. No. 20 of 1944) and the Emergency Powers (Footwear) (Maximum prices) Order, 1945 (S. R. & O. No. 280 of 1945) shall not apply to footwear to which this order applies.

FIRST SCHEDULE.

Ref. No.

Description of Footwear

Maximum Wholesaler's Margin

Maximum Retailer's Margin

(1)

(2)

(3)

(4)

1

Footwear (excluding Leather Leggings and Leather Gaiters) of the following sizes:—

Infants' sizes 0, 1, 2, 3, 4, 5, 6 ;

Boys' and Girls' sizes 7, 8, 9, 10, 11, 12, 13, 1, 2, 3, 4, 5

14%

27½%

2

Boots other than

(a) surgical boots, riding boots and women's bootees;

(b) boots included in the descriptions set out at Reference Number 1 of this Schedule

14%

27½%

3

Footwear of all kinds not included in the descriptions set out at Reference Numbers 1 and 2 of this Schedule

14%

30%

SECOND SCHEDULE.

Ref. No.

Description of Footwear

Maximum Wholesaler's Margin

Maximum Retailer's Margin

(1)

(2)

(3)

(4)

1

Footwear (excluding Leather Leggings and Leather Gaiters) of the following sizes:—

Infant's sizes 0, 1, 2, 3, 4, 5, 6 ;

Boys' and Girls' sizes 7, 8, 9, 10, 11, 12, 13, 1, 2, 3, 4, 5

14%

27½%

2

Boots other than

(a) surgical boots, riding boots and women's bootees;

(b) boots included in the descriptions set out at Reference Number 1 of this Schedule

14%

27½%

3

Footwear of all kinds not included in the descriptions set out at Reference Numbers 1 and 2 of this Schedule

14%

30%

GIVEN under my Official Seal this 12th day of March, 1947.

(Signed) SEÁN F. LEMASS,

Minister for Industry and Commerce.