S.I. No. 28/1925 - Dairy Produce Act, 1924 (Regulations Under Part I.) Order, 1925.

STATUTORY RULES AND ORDERS. 1925. No. 28.

DAIRY PRODUCE ACT, 1924 (REGULATIONS UNDER PART I.) ORDER, 1925.

DEPARTMENT OF LANDS AND AGRICULTURE.

WHEREAS Parts I. and V. of the Dairy Produce Act, 1924 (No. 58 of 1924) came into operation on the 8th day of June, 1925, by virtue of an Order of the Minister for Lands and Agriculture made under Section 1 of that Act.

AND WHEREAS it is enacted by the said Dairy Produce Act, 1924 , that the said Minister may by Order make regulations in regard to any matter or thing referred to in that Act as prescribed or as being or to be prescribed, but no such regulation shall be made in relation to the assessment or collection of fees without the consent of the Minister for Finance.

NOW I, Patrick Hogan, Minister for Lands and Agriculture, in exercise of the power conferred on me by the said Dairy Produce Act, 1924 , and of every and any other power me in that behalf enabling do by this my Order make the Regulations following, that is to say:—

1. This Order may be cited as the Dairy Produce Act, 1924 (Regulations under Part I.) Order, 1925.

2. In this Order, unless the context requires a different meaning, the expression "the Act" means the Dairy Produce Act, 1924 ; the word "notice'' means a notice served under Part I. of the Act;

the expression "the Arbitrator" has the same meaning as in Part I. of the Act;

the word "applicant" means a person by whom application is made to have a notice referred to the arbitrator.

3. The Interpretation Act, 1923 (No. 46 of 1923) applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

4. The form of the notice to be served by an Inspector under Part I. of the Act shall be the form shown in the First Schedule hereto.

5. The fee payable on making application to have a notice referred to the arbitrator shall be five pounds, except in the case of premises referred to in Sub-section (4) of Section 3 of the Act, when the fee shall be one pound.

6. (a) Any application to have a notice referred to the arbitrator shall be made in the form shown in the Second Schedule hereto, and the applicant shall specify therein the grounds of his objection to the notice.

(b) All such applications shall be delivered or sent by post to the Minister for Lands and Agriculture, Government Buildings, Upper Merrion Street, Dublin, within fourteen days from the date of service of the notice, and shall be accompanied by the appropriate fee as prescribed by this Order.

7. As soon as may be after the receipt by him of the application for reference accompanied by the appropriate fee, the Minister shall cause such application and a copy of the relevant notice to be forwarded to the Arbitrator, and thereupon the Arbitrator shall fix a date and place for inquiring into the matter of such notice, and shall give reasonable notification, not being less than seven days, of such time and place to the Minister and to the applicant.

8. The Inspector and the applicant shall be entitled to appear and be heard on the matter referred, and to adduce evidence thereon.

9. The arbitrator shall deliver or send by post a copy of his award to the Minister and to the applicant, and also to the person on whom the notice was served, if such person is not the applicant.

10. Upon a certificate of the arbitrator to the effect that the application was made bona fide and was not frivolous or vexatious, all or any fees paid by the applicant shall, subject to the sanction of the Minister for Finance, be returned to him.

11. An applicant in the case of a notice of the kind specified in Section 7 of the Act shall, upon making application for reference to the arbitrator, notify forthwith in the form shown in the Third Schedule any person or persons whom it is his duty to notify of such reference.

Given under my Seal of Office, this 2nd day of

July, 1925.

(Signed) P. HOGAN,

Minister for Lands and Agriculture.

I consent to the foregoing Order and Regulations

so far as the same relate to the assessment or collection of fees.

(Signed) EARNAN DE BLAGHD,

Minster for Finance.

FIRST SCHEDULE.

NOTICE UNDER SECTION 4 of THE DAIRY PRODUCE ACT, 1924 .

I, the undersigned, being an Inspector duly authorised in that behalf by the Minister for Lands and Agriculture, hereby require you within ........................ from the date of this Notice to have the under-mentioned work carried out at the said premises for the purpose of complying with the provisions of Part I. of the Dairy Produce Act, 1924 , relating to conditions of cleanliness and order.

Dated this ............ day of ..........................., 19.......

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SECOND SCHEDULE.

APPLICATION FOR REFERENCE TO THE ARBITRATOR OF A NOTICE SERVED UNDER PART I. OF THE DAIRY PRODUCE ACT, 1924 .

To the Minister for Lands and Agriculture,

Government Buildings, Dublin.

I (We) ............................................................ ........................................ being the (a) person carrying on the manufacture of dairy produce on

(a) rated occupier of

(a) immediate landlord of

the premises known as ............................................................ ............... situated at ............................................................ ................................. hereby require the matter of the notice dated the ...................................... day of ................................................, 19........., served by Mr. ................, an Inspector under the Dairy Produce Act, 1924 , to be referred to the Arbitrator, and I (We) enclose (b) ................... for (c) £..................... being the fee payable in respect of this application.

(a) Strike out whatever is inapplicable.

(b) State whether cheque, M.O., etc.

(c) Insert amount.

I (We) object to the notice for the reasons mentioned hereunder.

Dated this ............... day of .........................., 19......

Signed............................................................ ...

Grounds of objection to the Notice:—

THIRD SCHEDULE.

NOTIFICATION AS REQUIRED BY SECTION 7 of THE DAIRY PRODUCE ACT, 1924 , OF THE REFERECE TO THE ARBITRATOR OF A NOTICE SERVED UNDER PART I. OF THE ACT.

To............................................................ .............................................

*Strike out whatever is inapplicable.

Take Notice that I (We) ............................................................ .................

of ............................................................ .....................................................

*Strike out whatever is inapplicable.

............................................................ ................................................. situated at ........................................................... County ...................... have by application dated ................................... day of ..........................., 19........, addressed to the Minister for Lands and Agriculture, applied to have the matter of a notice dated .................................... day of .......................................... 19.........., served by Mr. ..................................................., an Inspector under the Dairy Produce Act, 1924 , referred to the Arbitrator.

Dated this ..................... day of ........................ 19...

Signed .........................................................