Oil Burners (Standards) Act, 1960
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Prohibition of sale, etc., of oil heaters or component parts not complying with regulations. |
3.—(1) If any person in the course of a business sells, or lets under a hire-purchase agreement or on hire, or has in his possession for the purpose of selling or letting, an oil heater and either— | |
(a) the oil heater, or a component part of it, does not comply with any standard of safety prescribed for the class or description of oil heater, or, as the case may be, component part, to which the oil heater or component part belongs, or | ||
(b) the oil heater does not bear instructions or a statement in compliance with the requirements of any regulations made for the purposes of paragraph (b) of subsection (1) of section 2 of this Act, | ||
he shall, subject to the provisions of this section, be guilty of an offence. | ||
(2) If any person, in the course of a business, sells, or has in his possession for the purpose of selling, a component part intended for, but not embodied in, an oil heater and the component part does not comply with the standards of safety prescribed for the class or description of component part to which it belongs he shall, subject to the provisions of this section, be guilty of an offence. | ||
(3) A person shall not be convicted of an offence under subsection (1) of this section if he proves— | ||
(a) that the sale or letting was carried out, or he was in possession of the oil heater, as the case may be, as the agent of a person who was not acting in the course of a business or as the servant of such an agent; or | ||
(b) he reasonably believed that the oil heater would not be used in the State; or | ||
(c) in the case of a letting on hire the letting was incidental to the letting of premises; or | ||
(d) in the case of a sale under a credit-sale agreement or a letting under a hire-purchase agreement, he had at no time possession of the oil heater and only became the owner thereof at the time of entering into the agreement; or | ||
(e) in the case of any letting, the letting was lawful at the time the hirer or the hirer's predecessor in title obtained possession of the oil heater, | ||
and a person shall not be convicted of an offence under subsection (2) of this section if he proves that the sale was carried out, or, as the case may be, he was in possession of the component part, as the agent of a person who was not acting in the course of a business, or as the servant of such an agent or that he reasonably believed that the component part would not be used in the State. | ||
(4) A person shall not be convicted of an offence under paragraph (a) of subsection (1) of this section or subsection (2) thereof in relation to an oil heater or component part if he proves that he had reasonable cause to believe that the oil heater, or, as the case may be, component part, complied with the standards of safety prescribed for the class or description of oil heater or component part to which it belongs. | ||
(5) Regulations under this Act may contain such provisions as appear to the Minister necessary or expedient for authorising the sale, letting or possession of oil heaters or component parts manufactured before the coming into operation of the regulations, or for authorising the sale or letting of oil heaters or component parts for such purposes as may be specified in the regulations, and a person shall not be guilty of an offence under subsection (1) of this section if he proves that the sale, letting or possession of the heater was authorised by those regulations, or of an offence under subsection (2) of this section if he proves that the sale or possession of the component part was so authorised. |