S.I. No. 223/1934 - The Control of Imports (Regulations) Order, 1934.


STATUTORY RULES AND ORDERS.1934. No. 223.

THE CONTROL OF IMPORTS (REGULATIONS) ORDER, 1934.

THE CONTROL OF IMPORTS ACT (REGULATIONS) ORDER, 1934, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE 24th DAY OF AUGUST, 1934, PURSUANT TO SECTION 13 of THE CONTROL OF IMPORTS ACT, 1934 .

WHEREAS it is enacted by Section 13 of the Control of Imports Act, 1934 , that the Minister for Industry and Commerce may by order make regulations prescribing any matter or thing which is referred to in that Act as prescribed or to be prescribed ; and whereas there are matters or things referred to as prescribed or to be prescribed in Sections 2, 7, 8 and 9 of the said Act.

NOW, therefore, the Minister for Industry and Commerce in exercise of the powers conferred on him by Section 13 of the Control of Imports Act, 1934 , and of all other powers him in this behalf enabling by this Order makes the following regulations :—

1. The Interpretation Act, 1923 , applies to the interpretation of these regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

2. In these regulations—

the expression " the Act " means the Control of Imports Act, 1934 ; the expression " the Minister " means the Minister for Industry and Commerce.

3. Words and expressions defined or established in the Act shall have the same meaning where they occur in these regulations as they have in the Act.

4. For the purposes of the Act goods shall not be deemed to have been manufactured in a particular country unless at least twenty-five per cent. of their value is the result of the cost of labour within that country or of the cost of materials the growth or produce of that country entering into the composition of such goods or of the combined cost of such labour and material.

SAORSTÁT EIREANN.

5. Every person applying for registration in any Register of Importers established and maintained by the Minister under Section 7 of the Act shall Make application on Form Q1 set out in the schedule to these Regulations.

6. (1) Every Company registered in Saorstát Eireann under the Companies Acts, 1908 to 1924, applying for registration in a Register of Importers established and maintained by the Minister under Section 7 of the Act shall satisfy the Minister as to its eligibility for such registration by appending to its application the Certificate of Incorporation of the Company under the Companies Acts, 1908 to 1924.

(2) Every other applicant for registration in a Register of Importers established and maintained by the Minister under Section 7 of the Act shall satisfy the Minister as to his eligibility for such registration by completing or having completed as the case may require the appropriate form of Statutory Declaration in Forms Q2, Q3, Q4 or Q5 set out in the Schedule to these Regulations.

7. Every person applying for a licence under Section 8 of the Act shall apply in the Form Q6, set out in the Schedule to these Regulations.

8. Every person applying under Section 9 (1) of the Act for a licence to import goods to which a quota order applies shall apply in the Form Q7, or in the case of an application in relation to an additional quota in the Form Q8., set out in the Schedule to these Regulations.

9. This Order may be cited for all purposes as the Control of Imports (Regulations) Order, 1934.

By Order of the Minister for Industry and Commerce,

Dated this 24th day of August, 1934.

(Signed), R. C. FERGUSON,

Assistant Secretary.

Department of Industry and Commerce.

FORM Q1.

SCHEDULE.

ROINN TIONNSCAIL AGUS TRÁCHTÁLA.

CONTROL OF IMPORTS ACT, 1934 .

FORM OF APPLICATION FOR REGISTRATION IN A REGISTER OF IMPORTERS.

I (We) (a)

of

engaged in the importation into Saorstát Éireann of goods to which the (b)     Quota Order dated the    day of    , 193 , applies hereby make application to the Minister for Industry and Commerce to be registered in the Register of Importers in respect of the said Quota Order. During the year ended 31st December last, the quantities and values of the said goods imported by me (us) were (quantity)                   (value exclusive of duty, if any)                     and during the preceding year (quantity)                    (value exclusive of duty, if any)

Dated this   day of     , 193 .

Signature of Applicant(s) (c) :—

TO THE SECRETARY,

Department of Industry and Commerce,

Lord Edward Street, Dublin.

(a) If the application is by a body corporate, or a firm, or under a trade name, the name of the body corporate, of the firm or the trade-name should be given here, and the application should be accompanied by the Certificate of Incorporation or by the Certificate of Registration under the Registration of Business Names Act, 1916, as the case may be.

(b) The name of the goods to which the quota order applies should be inserted here.

(c) If the application is made on behalf of a firm or partnership, the signature of the proprietor or of every partner should be given. If the application is made on behalf of a body corporate it should be signed by a Director or by the Secretary or other authorised Officer of the body corporate whose capacity should be stated.

FORM Q2.

ROINN TIONNSCAIL AGUS TRÁCHTÁLA.

CONTROL OF IMPORTS ACT, 1934 .

FORM OF STATUTORY DECLARATION TO BE MADE BY AN APPLICANT FOR REGISTRATION IN A REGISTER OF IMPORTERS WHO IS A NATIONAL OF SAORSTÁT ÉIREANN.

I (a)             trading as (b)               

do solemnly and sincerely declare that I am a National of Saorstát Éireann as defined by Section 2 (4) of the Control of Imports Act, 1934 , and that I have a place of business in Saorstát Éireann, namely, (c)

I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, 1835.

Signature of Declarant.

* Taken and received before me, one of the Peace Commissioners for the County of   , at , in the said County, this      day of       , 193 .

* This is to be altered as the case requires where any declaration is made before a Commissioner for Oaths.

(a) Full Christian and surname should be inserted here.

(b) Trade name if different from that of proprietor should be inserted here.

(c) Full address of the place of business should be inserted here.

FORM Q3.

ROINN TIONNSCAIL AGUS TRÁCHTÁLA.

CONTROL OF IMPORTS ACT, 1934 .

FORM OF STATUTORY DECLARATION TO BE MADE BY ALL THE MEMBERS (WHO ARE NATIONALS OF SAORSTÁT ÉIREANN) OF A PARTNERSHIP WHICH IS AN APPLICANT FOR REGISTRATION IN A REGISTER OF IMPORTERS.

We (a)

do solemnly and sincerely declare that we are the beneficial owners of  per cent. of the capital of the partnership (b)

that we are nationals of Saorstát Eireann as defined by Section 2 (4) of the Control of Imports Act, 1934 , and that the said partnership has a place of business in Saorstát Eireann, namely (c)

We make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, 1835.

Signatures of Declarants.

* Taken and received before me, one of the Peace Commissioners for the County of   , at   , in the said County, this   day of     , 193 .

* This is to be altered as the case requires where any declaration is made before a Commissioner for Oaths.

(a) Full Christian names, surnames and addresses should be inserted here.

(b) The full name and trade name (if any) of the partnership should be inserted here.

(c) The full address of the place of business of the partnership should be inserted here.

FORM Q4.

ROINN TIONNSCAIL AGUS TRÁCHTÁLA.

CONTROL OF IMPORTS ACT, 1934 .

FORM OF STATUTORY DECLARATION TO BE MADE BY A PERSON CARRYING ON A MANUFACTURING UNDERTAKING IN SAORSTÁT ÉIREANN WHO IS AN APPLICANT FOR REGISTRATION IN A REGISTER OF IMPORTERS.

I (We) (a)                             of

trading as (b)

do solemnly and sincerely declare that I am (we are) carrying on the manufacture of      at the above-named address in Saorstát Éireann.

I (We) make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, 1835.

Signature of Declarant(s) (c).

* Taken and received before me, one of the Peace Commissioners for the County of   , at   , in the said County, this   day of  , 193 .

* This is to be altered as the case requires where any declaration is made before a Commissioner for Oaths.

(a) Name or names in full and place of business should be inserted here.

(b) Trade name (if any) should be inserted here.

(c) If the application for registrations made on behalf of a firm or partnership, the signature of the proprietor or of every partner should be given. If the application is made on behalf of a body corporate, this declaration should be signed by a Director or by the Secretary or other authorised Officer of the body corporate whose capacity should be stated.

FORM Q5.

ROINN TIONNSCAIL AGUS TRÁCHTÁLA.

CONTROL OF IMPORTS ACT, 1934 .

FORM OF STATUTORY DECLARATION TO BE MADE BY A DIRECTOR OR THE SECRETARY OR OTHER AUTHORISED OFFICER OF A COMPANY NOT REGISTERED OR INCORPORATED UNDER THE LAWS OF SAORSTÁT ÉIREANN WHICH IS AN APPLICANT FOR REGISTRATION IN A REGISTER OF IMPORTERS.

I (a)

do solemnly and sincerely declare that I am (b)

                               of (c)  that the said Company is not registered or incorporated under the laws of Saorstát Éireann, that the said Company has a place of business in Saorstát Éireann, namely ( d )

and that the said Company has since the       day of       , 19  carried on the business of importing (e)

into Saorstát Éireann.

I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, 1835.

Signature of Declarant.

* Taken and received before me, one of the Peace Commissioners, for the County of  , at   , in the said County, this    day of       , 193 .

* This is to be altered as the case requires where any declaration is made before a Commissioner for Oaths.

(a) Full surname Christian name and address of the declarant should be inserted here.

(b) Capacity of declarant should be stated here.

(c) The full name and address of the company should be inserted here.

(d) Here insert the address of the place of business of the company in Saorstát Éireann

(e) The name of goods to which the relevant Quota order applies should be inserted here.

FORM Q6.

ROINN TIONNSCAIL AGUS TRÁCHTÁLA.

CONTROL OF IMPORTS ACT, 1934 .

FORM OF APPLICATION FOR A LICENCE TO IMPORT GOODS DURING A PRELIMINARY PERIOD.

(a)

of                                being

a body corporate,

(b) I/We

carrying on business under the trade name of

at

hereby make(s) application to the Minister for Industry and Commerce for a licence authorising it (me, us) to import (c)

                             through the Port

or Customs Station of ( d )

during the preliminary period (e)

in respect of the ( f )                        Quota Order dated the    day of          , 193  . The quantity and value of the said goods imported by me (us) during the year ended 31st December last were (quantity)                    (value, exclusive of duty, if any)                     and during the preceding year (quantity)

              (value, exclusive of duty, if any).

Signature of applicant(s) (g) :—

Dated this       day of        , 193 .

TO THE SECRETARY,

Department of Industry and Commerce,

Lord Edward Street, Dublin.

(a) This clause is applicable where application is being made by a body corporate. If not applicable it should be struck out.

(b) This clause is applicable where application is being made otherwise than by a body corporate. If not applicable it should be struck out.

(c) Here insert the weight or quantity and value of goods and state if actually consigned.

(d) Here insert the name of the port or Customs Station through which it is intended to import goods.

(e) Here insert the dates on which the preliminary period begins and ends.

(f) Here insert the name of the goods to which the Quota Order applies.

(g) Where a trade name is used it should be authenticated by the signature of the proprietor or of one of the partners. In the case of a body corporate the application should be signed by a Director or by the Secretary or other authorised Officer of the body corporate whose capacity should be stated.

FORM Q7.

ROINN TIONNSCAIL AGUS TRÁCHTÁLA.

CONTROL OF IMPORTS ACT, 1934 .

FORM OF APPLICATION FOR A LICENCE TO IMPORT GOODS TO WHICH A QUOTA ORDER APPLIES.

(a)

of                                being

a body corporate,

(b) I/We

carrying on business under the trade name of

at                                  and

being registered in the Register of Importers established and maintained in respect of the (c)   Quota Order dated the day of      , 193  , hereby makes (make) application for a licence authorising it (me, us) to import ( d )       through the

Port or Customs Station of (e)                   during the ( f )

Quota period,

viz. : (g)                            in respect of the said Quota Order.

Signature of Applicant(s) (h) :—

Dated this  day of       , 193 .

TO THE SECRETARY,

Department of Industry and Commerce,

Lord Edward Street, Dublin.

NOTE.—This application must be lodged not less than fourteen clear days before the commencement of the Quota Period in respect of which it is being made (Vide Section 9 (1) of the Control of Imports Act, 1934 ).

(a) This clause is applicable where application is being made by a body corporate. If not applicable it should be struck out.

(b) This clause is applicable where application is being made otherwise than. by a body corporate If not applicable it should be struck out.

(c) Here insert the name of the goods to which the Quota Order applies.

(d) Here insert the weight or quantity and value of goods for the importation of which the licence is applied for.

(e) Here insert the name of the port or Customs Station through which importation is to be effected.

(f) Here insert particulars of the quota period, i.e., First, Second and Third, etc.

(g) Here insert the dates on which the Quota Period begins and ends.

(h) Where a trade name is used it should be authenticated by the signature of the proprietor or of one of the partners. In the case of a body corporate the application should be signed by a Director or by the Secretary or other authorised Officer of the body corporate whose capacity should be stated.

FORM Q8.

ROINN TIONNSCAIL AGUS TRÁCHTÁLA.

CONTROL OF IMPORTS ACT, 1934 .

FORM OF APPLICATION FOR A LICENCE TO IMPORT GOODS (ADDITIONAL QUOTA) TO WHICH A QUOTA ORDER APPLIES.

(a)

being a body corporate,

(b) I/We

carrying on business under the trade name of

at

and being registered in the Register of Importers established and maintained in respect of (c)

Quota Order dated the    day of     , 193 , hereby makes (make) application for a licence authorising it (me, us) to import ( d )

as part of the additional quota appointed by Order of the Executive Council, dated the day of , 193 ,through the Port or Customs Station of (e)

during the ( f )

Quota Period, viz. : (g)

in respect of the said Quota Order.

Signature of Applicant (s) (h) :—

Dated this      day of     , 193 .

TO THE SECRETARY,

Department of Industry and Commerce,

Lord Edward Street, Dublin.

NOTE.—This application must be lodged within fourteen days after the fixing of the Additional Quota in respect of which it is being made (Vide Section 9 (1) of the Control of Imports Act, 1934 ).

(a) This clause is applicable where application is being made by a body corporate. If not applicable it should be struck out.

(b) This clause is applicable where application is being made otherwise than by a body corporate. If not applicable it should be struck out.

(c) Here insert the name of the goods to which the Quota Order applies.

(d) Here insert the weight or quantity and value of goods for the importation of which the licence is applied for.

(e) Here insert the name of the Port or Customs Station through which importation is to be effected

(f) Here insert particulars of the Quota Period, i.e. First, Second or Third, etc.

(g) Here insert the date on which the Quota Period begins and ends.

(h) Where a trade name is used it should be authenticated by the signature of the proprietor or of one of the partners. In the case of a body corporate the application should be signed by a Director or by the Secretary or other authorised Officer of the body corporate whose capacity should be stated.