S.I. No. 3/1951 - Prices and Charges (Standstill) Order, 1951.

S.I. No. 3 of 1951.

PRICES AND CHARGES (STANDSTILL) ORDER, 1951.

I, DANIEL MORRISSEY, 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), as amended by the Supplies and Services (Temporary Provisions) Act, 1946 (Continuance and Amendment) Act, 1950 (No. 34 of 1950)) and of every and any other power me in this behalf enabling, hereby order as follows:—

1. This Order may be cited as the Prices and Charges (Standstill) Order, 1951.

2. In this Order—

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

the expression " the standard week " means the week ended on the 2nd day of December, 1950;

the expression " State authority " means—

(a) a Minister of State,

(b) the Revenue Commissioners,

(c) the Irish Land Commission, or

(d) the Commissioners of Public Works in Ireland.

the expression " local authority " has the same meaning as it has in the Local Government Act, 1941 (No. 23 of 1941) ;

the word " sell " includes agree to sell, offer to sell, or invite an offer to buy ;

the words " article ", " undertaking " and " undertaker " have the same meanings respectively as they have in 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).

3. All articles mentioned in the Schedule hereto shall be controlled articles for the purposes of this Order.

4. Each of the following areas shall be a controlled area for the purposes of this Order:

(a) a county or other borough ;

(b) an urban district;

(c) a town;

(d) a county exclusive of any borough (other than a county borough), urban district, or town therein.

5. Each of the following persons shall be an authorised officer for the purposes of this Order:

(a) any officer of Customs and Excise;

(b) any member of the Garda Síochána;

(c) any other 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).

6. (1) No person shall sell in a controlled area any controlled article at a price exceeding the controlled price.

(2) In this Article, the expression "the controlled price" means, in relation to the sale in a controlled area by any person of any controlled article:—

(a) in case during the standard week he sold in the same capacity in such area under the same or substantially the same conditions any article or articles of the same or substantially the same description—the price charged by him on such sale or the lower or lowest price charged by him on such sales ;

(b) in any other case—the lowest of the prices charged on sales during the standard week in such area under the same or substantially the same conditions of articles of the same or substantially the same description by persons selling in the same capacity.

7. (1) Article 6 of this Order shall not apply in relation to—

(a) a sale of an agricultural or horticultural product not subjected to any process of manufacture where such sale is effected—

(i) by the producer of the product, or

(ii) at a recognised fair or market, or

(b) a sale of an article the price or the maximum price whereof is fixed by an order made by a Minister or any other person in exercise of powers conferred either by statute or by an order made by the Government under the Emergency Powers Act, 1939 (No. 28 of 1939), or

(c) a sale for direct export, or

(d) (i) a sale of an article to a State authority or to a person authorised by a State authority to purchase the article on behalf of such authority, or

(ii) a sale of an article by a State authority or by a person authorised by a State authority to sell the article on behalf of such authority, or

(e) a sale of furniture otherwise than by way of trade or business.

(2) Notwithstanding anything contained in Paragraph 7 (1) (b) of this Article, Article 6 of this Order shall apply in relation to the price charged by the manufacturer or producer of any controlled article.

(3) a supply of any commodity to a local authority—

(a) in pursuance of a contract made by such local authority after inviting tenders for such supply and considering such tenders, or

(b) by a person who is an official contractor for such commodity for the purposes of the Local Authorities (Combined Purchasing) Act, 1925 (No. 20 of 1925),

shall not be deemed to be a sale for the purposes of Article 6 of this Order.

8. (1) No undertaker shall make for any work (whether it includes or does not include the supply of any article) done by him in a controlled area a charge exceeding the controlled charge.

(2) In this article the expression "the controlled charge" means, in relation to the doing in a controlled area by any person of any work :—

(a) in case during the standard week he did for reward work in such area of the same or substantially the same description on one or more than one occasion—the charge made by him on that occasion or the lower or lowest charge made by him on those occasions ;

(b) in any other case—the lowest of the charges made by undertakers for doing in such area during the standard week works of the same or substantially the same description.

9. Article 8 of this Order shall not apply in relation to :—

(a) the doing of any work for a State authority or for a person authorised by a State authority to get the work done on behalf of such authority, or

(b) the doing of any work by a State authority or by a person authorised by a State authority to do the work on behalf of such authority, or

(c) the doing of any work for a local authority under a contract made by such local authority after inviting tenders for such work and considering such tenders.

10. Where a direction for the purposes of this Order is given by the Minister in respect of a particular person, group of persons, controlled article, group of controlled articles, work or group of works, the provisions of this Order shall, if and in so far as they are inconsistent with such direction, have effect subject thereto.

11. (1) A certificate purporting to be under the hand of a person, authorised by the Minister to make certificates under this Article, certifying the matters mentioned in any of the following paragraphs, that is to say :

(a) that a specified person sold in a specified capacity in a specified controlled area during the standard week a specified article at a specified price under specified conditions ;

(b) that—

(i) a specified person did not sell in a specified capacity in a specified controlled area during the standard week any article of either the same or substantially the same description as a specified controlled article under specified conditions, and

(ii) a specified other person sold in such capacity in such controlled area during the standard week a specified article at a specified price under specified conditions ;

(c) that a specified undertaker did in a specified controlled area during the standard week specified work and made therefor a specified charge ;

(d) that—

(i) a specified person did not do for reward in a specified controlled area during the standard week any work of either the same or substantially the same description as a specified work, and

(ii) a specified other undertaker did in such controlled area during the standard week specified work and made therefor a specified charge,

shall in any prosecution for a contravention of this Order, be prima facie evidence of the matters so certified and it shall not be necessary to prove the signature of the person purporting to make the certificate or that he was so authorised.

(2) A certificate under this Article shall not be tendered as evidence in any prosecution unless a copy thereof has been served on the defendant at least seven days before the hearing.

12. Every undertaker and every person employed by such undertaker is hereby required from time to time—

(a) to produce, at the request of an authorised officer, to such officer any books or documents which relate to any trade in controlled articles carried on by such undertaker or to any work done by such undertaker and which are in his power, possession or procurement, to permit such officer to inspect and take extracts from such books and documents, and to give to such officer any information which he 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 controlled articles held by such undertaker;

(c) to give to an authorised officer any information which he may reasonably require, with regard to any trade in controlled articles carried on by such undertaker or to any work done by such undertaker.

13. An authorised officer may at all reasonable times enter and inspect any premises in which any undertaking is carried on and may inspect and measure any controlled articles which he finds in the premises while inspecting them.

SCHEDULE.

Bacon (including cooked ham or gammon).

Sausages and sausage meat.

Black and white puddings.

Eggs.

Onions.

Potatoes.

Fresh vegetables.

Packed, tinned and bottled foodstuffs.

Dried peas.

Oatmeal.

Rice, sago, tapioca, semolina and cornflour.

Coffee and coffee preparations.

Biscuits.

Fresh fruit.

Dried fruit.

Sweets and chocolates.

Whiskey.

Mineral waters.

Yeast.

Salt.

Bakers' compound.

Treacle.

Honey.

Wearing apparel.

Mattresses, sheets, blankets, pillows and pillow cases, quilts and other descriptions of bedding.

Footwear.

Knitting wool.

Boot and shoe laces, braids and elastics.

Buttons, combs and ribbons.

Gloves.

Coal and coke.

Turf (including briquettes).

Firewood.

Petroleum products.

Furniture.

Hardware and ironmongery for household use.

Cutlery.

Soap, soap powders, soap flakes and detergents.

Perambulators.

Brushes and Brooms.

Linen, cotton, woollen, worsted, silk, artificial silk and rayon yarns.

Linen, cotton, woollen, worsted, silk, artificial silk and rayon piece goods or any combination thereof.

Jute piece goods.

Sewing thread.

Leather and manufactures thereof.

Hides and skins.

Fleece wool and skin wool.

Animal and vegetable oils and fats.

Steel-bars, squares, flats, angles and sheets.

Industrial gases.

Waste paper.

Scrap metals.

Sausage casings and gut.

Rusk meal.

Bricks.

Roofing slates.

Tiles including roofing tiles.

Concrete products.

Rainwater and sanitary goods.

Asbestos cement products.

Cement.

Plaster.

Fireclay products.

Plaster products.

Metal casements.

Ranges, grates and stoves.

Roofing felt.

Sheet and pipe lead.

Paints, varnishes and putty.

Wallpaper.

Nuts, bolts, nails, screws and rivets.

Sand and lime.

Fertilisers, manures and agricultural lime.

Agricultural machinery, including parts and accessories.

Agricultural implements.

Maize and maize meal.

Mechanically propelled vehicles, including parts and accessories.

Articles made wholly or mainly of wood.

Sacks and bags.

Paper, stationery, paper bags and cardboard boxes.

Drugs and medicines.

Surgical and medical dressings.

Cotton wool and manufactures thereof.

Razor blades.

Electric lamps (bulbs).

Bicarbonate of Soda.

Tradesmen's tools.

Electric batteries and accumulators.

Glass bottles, jars and sheet glass.

Glassware.

Stiffeners, wood heels, toe puffs and other articles used in the production of footwear.

Glue and gelatine.

Metal bedsteads.

Polishes.

Radio sets.

Aluminium articles.

Copper and zinc.

Articles made of bakelite and plastic.

GIVEN under my Official Seal, this 2nd day of January, 1951.

(Signed) DANIEL MORRISSEY,

Minister for Industry and Commerce.