S.I. No. 565/1941 - Harbour Rates (Port of Dublin) Order, 1941.

STATUTORY RULES AND ORDERS. 1941. No. 565.

HARBOUR RATES (PORT OF DUBLIN) ORDER, 1941.

WHEREAS it is enacted by sub-section (1) of section 3 of the Harbours (Regulation of Rates) Act, 1934 (No. 2 of 1934), that the Minister for Industry and Commerce may, if and whenever he thinks fit on the application of the Harbour authority for any harbour, by order (in the said Act referred to as a harbour rates order) fix all or any of the rates, or, where he so thinks fit, the maximum rates to be charged by the harbour authority of such harbour, and may for that purpose revoke, modify, alter or extend by such order any statutory or other provision fixing, restricting, or otherwise regulating the rates or the maximum or minimum rates chargeable by such harbour authority :

AND WHEREAS the Dublin Port and Docks Board have applied pursuant to Section 4 of the said Act to the Minister for Industry and Commerce for a harbour rates order in respect of the Port of Dublin increasing the maximum tonnage rates, goods rates, and lying-up charges :

AND WHEREAS the Minister for Industry and Commerce has pursuant to the provisions of sub-section (1) of section 5 of the said Act given notice dated the 22nd day of November, 1941, of his proposal to make such order to the said Board, and has given the directions mentioned in that sub-section in respect of the notice required thereby to be published by the said Board :

AND WHEREAS the said Board have duly published such notice, and such notice has contained the directions mentioned in sub-section (2) of section 5 of the said Act as regards making objections and representations to the Minister for Industry and Commerce in respect of such proposed order :

NOW, THEREFORE, I, SEÁN F. LEMASS, Minister for Industry and Commerce, in exercise of the powers conferred on me by sub-section (1) of section 3 of the Harbours (Regulation of Rates) Act, 1934 (No. 2 of 1934), and of every and any other power me in this behalf enabling, do hereby order as follows, that is to say :—

1. (1) This Order may be cited as the Harbour Rates (Port of Dublin) Order, 1941.

(2) This Order shall come into operation on the 12th day of December, 1941.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. (1) Section 19 of the Dublin Port and Docks Act, 1920, shall be read and have effect in relation to tonnage rates, goods rates, and lying-up charges as if—

(a) the words " one hundred per centum " had been inserted therein in lieu of the words " fifty per centum ", and

(b) the second proviso and the third proviso had been omitted.

(2) In this Article—

the expression " tonnage rates " means the rates specified in section 132 of the Dublin Port and Docks act, 1869 ;

the expression " goods rates " means the rates specified in section 40 of the Dublin Port and Docks Act, 1902 ;

the expression " lying-up charges " means the charges specified in section 11 of the Dublin Port and Docks Act, 1879, as amended by section 35 of the Dublin Port and Docks Act, 1902.

GIVEN under my Official Seal this 11th day of December, 1941.

(Signed) SEÁN F. LEMASS,

Minister for Industry and Commerce.