S.I. No. 329/1986 - Restrictive Practices (Groceries) Order, 1981 (Amendment) Order, 1986.

S.I. No. 329 of 1986.

RESTRICTIVE PRACTICES (GROCERIES) ORDER, 1981 (AMENDMENT) ORDER, 1986.

I, MICHAEL NOONAN, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 8 (2) of the Restrictive Practices Act, 1972 (No. 11 of 1972), hereby order as follows:

1. This Order may be cited as the Restrictive Practices (Groceries) Order, 1981 (Amendment) Order, 1986.

2. (1) Article 12 of the Restrictive Practices (Groceries) Order, 1981 ( S.I. No. 69 of 1981 ), is hereby amended by the substitution of the following paragraphs for paragraph 1:

"12. (1) Subject to the following paragraphs of this Article, a retailer, or any wholesaler or other person acting on behalf of a retailer, shall not publish or display, or cause to be published or displayed, an advertisement for the sale of grocery goods at a price that (after the deduction of the cost to the retailer of any discount or other benefit given by him on the sale of the goods) is less than whichever of the following is applicable:

(a) in case charges in respect of carriage, insurance or other costs not included in the relevant invoice have to be paid by the retailer to the supplier or any other person to obtain the delivery of the goods to his premises, the amount obtained when the said charges or costs are added to the net invoice price of the goods (including value added tax), or

(b) in any other case, the net invoice price of the goods (including value added tax). (1A) Paragraph (1) of this Articles shall apply in relation to an advertisement whether or not it contains an indication of the price of the goods to which it relates and whether or not it contains an indication that the price of the goods, to which it relates, is below either:

(i) the amount obtained when the charges or costs referred to in subparagraph (a) of paragraph (1) of this Article are added to the net invoice price of the goods (including value added tax) or

(ii) the net invoice price of the goods (including value added tax)."

GIVEN under my Official Seal, this 18th day of September, 1986.

MICHAEL NOONAN,

Minister for Industry and

Commerce.

EXPLANATORY NOTE.

The effect of this Order is to amend Article 12 of the Restrictive Practices (Groceries) Order, 1981 so that there should be no need for an advertisement to contain an indication that the advertised price of a grocery good is below the net invoice price of the good for the advertisement to be in breach of the Order.

The Act requires that the Order be confirmed by an Act of the Oireachtas before it will have the force of law.