S.I. No. 15/1974 - Fuels (Control of Supplies) (Restriction on Deliveries of Gas Diesel Oil, Kerosene and Fuel Oil) (Amendment) Order, 1974.

S.I. No. 15 of 1974.

FUELS (CONTROL OF SUPPLIES) (RESTRICTION ON DELIVERIES OF GAS DIESEL OIL, KEROSENE AND FUEL OIL) (AMENDMENT) ORDER, 1974.

I, PETER BARRY, Minister for Transport and Power, in exercise of the powers conferred on me by section 3 of the Fuels (Control of Supplies) Act, 1971 (No. 3 of 1971), hereby order as follows:

1.— (1) This Order may be cited as the Fuels (Control of Supplies) (Restriction on Deliveries of Gas Diesel Oil, Kerosene and Fuel Oil) (Amendment) Order, 1974.

(2) The Principal Order, the Fuels (Control of Supplies) (Restriction on Deliveries of Gas Diesel Oil, Kerosene and Fuel Oil) (Amendment) Order, 1973 ( S.I. No. 347 of 1973 ), and this Order may be cited together as the Fuels (Control of Supplies) (Restriction on Deliveries of Gas Diesel Oil, Kerosene and Fuel Oil) Orders, 1973 and 1974.

2. In this Order "the Principal Order" means the Fuels (Control of Supplies) (Restriction on Deliveries of Gas Diesel Oil, Kersosene and Fuel Oil) Order, 1973 ( S.I. No. 306 of 1973 ).

3. The Principal Order is hereby amended—

( a ) by the substitution for paragraph (c) of Article 2 of the following paragraph—

"( c ) where a consumer—

(i) did not receive a supply of gas diesel oil, kerosene or fuel oil before the first day of October, 1972, or

(ii) did not receive a supply of gas diesel oil, kerosene or fuel oil in the six months ended on the 31st day of March, 1973, or

(iii) increased or decreased his business significantly or changed the character of his business on or after that date,

such amount as shall be deemed appropriate by the Minister, after consultation with the oil wholesaler or distributor concerned.",

( b ) by the substitution for Articles 3 and 3A (inserted by the Fuels (Control of Supplies) (Restriction on Deliveries of Gas Diesel Oil, Kerosene and Fuel Oil) (Amendment) Order, 1973) of the following Article—

"3. In the period of six months ending on the 31st day of March, 1974, the amount of gas diesel oil, kerosene or fuel oil delivered by an oil wholesaler to a distributor or any other person or by a distributor to any person shall not exceed the following percentages of that person's normal deliveries—

( a ) 100 per cent. when required for use as a raw material for industry,

( b ) 92½ per cent. when required for industrial processing or for agriculture, horticulture, commercial fishing, ships bunkers, building construction, general civil engineering or commercial transport,

( c ) 80 per cent. when required for domestic heating,

( d ) when required for space heating in an institution, office, shop, factory, public hall, educational establishment, religious premises, catering establishment, hotel, guest house or place of entertainment, recreation or sport—

(i) 73½ per cent. in the case of gas diesel oil and kerosene, or

(ii) 66½ per cent. in the case of fuel oil,

( e ) 68½ per cent. when required for public swimming pools,

( f ) 60 per cent. when required for swimming pools other than those specified in subparagraph (e) above, and

( g ) 47½ per cent. when required for use in unoccupied buildings or new houses intended for use as dwellings but not being so used or for use in connection with pleasure boating, pleasure flying, or for any use not otherwise specified in this Article.",

( c ) by the insertion after Article 3 (as inserted by this Order) of the following Article:

"3B. (1) An oil wholesaler or a distributor who delivered gas diesel oil, kerosene or fuel oil to any person in the period of six months ended on the 16th day of November, 1973, shall deliver to the person in the period of six months ending on the 31st day of March, 1974 upon and subject to the same terms and conditions in relation to time for and method of payment for deliveries as those upon and subject to which the deliveries in the said period of six months ended on the 16th day of November, 1973, were made—

( a ) a quantity of gas diesel oil, kerosene or fuel oil equal to, or not more than 100 gallons less than, the maximum quantity authorised by this Order to be so delivered for that use, or

( b ) such lesser quantity (if any) of gas diesel oil, kerosene or fuel oil as may be determined by agreement in writing between the oil wholesaler or distributor and the person, or

( c ) in case the Minister considers that there are special circumstances requiring the delivery of a quantity of gas diesel oil, kerosene or fuel oil other than the quantities referred to in subparagraphs (a) and (b) of this paragraph, such other quantity as he may determine,

and the size of and the intervals between deliveries under this paragraph shall correspond to such extent as is reasonably possible (having regard to the provisions of this Order and any difficulties occasioned by the shortage of supplies of gas diesel oil, kerosene and fuel oil) with the size of and the intervals between deliveries in the said period of six months ended on the 16th day of November, 1973.

(2) Paragraph (1) of this Article shall not apply if—

( a ) the oil wholesaler or distributor and the person agree in writing after the commencement of this Order that deliveries under the said paragraph (1) shall not be made, or

( b ) the making of deliveries under the said paragraph (1) would be a contravention of a direction under this Order.", and

( d ) by the substitution for Articles 4 and 5 of the following Article:

" 4. The Minister may give such directions as shall appear to him to be necessary or expedient for giving full effect to any provision of this Order.", and

( e ) by the substitution for paragraph (ii) of Article 6 of the following paragraph—

"(ii) deliveries to a fire or ambulance service or to a local authority for the operation of a sewage system or water works or deliveries for use in vehicles used by the Defence Forces or the Garda Siochana,".

GIVEN under my Official Seal, this 30th day of January, 1974.

PETER BARRY,

Minister for Transport and Power.

EXPLANATORY NOTE.

The Order amends the Fuels (Control of Supplies) (Restriction on Deliveries of Gas Diesel Oil, Kerosene and Fuel Oil) Orders made on 16th November, 1973 ( S.I. No. 306 of 1973 ) and 28th December, 1973 ( S.I. No. 347 of 1973 ).

The Order sets out the level of deliveries to be made by an oil wholesaler or distributor to a person in the six month period ending 31st March, 1974. It also clarifies the amount of oil to be delivered and provides that the size of and interval between deliveries shall be as reasonable as possible. In addition, the provisions in the earlier Orders relating to the giving of directions and to the circumstances in which the Minister may decide on allocations are amended.