S.I. No. 251/1950 - Emergency Imposition of Duties (No. 258) Order, 1950.


S.I. No. 251 of 1950.

EMERGENCY IMPOSITION OF DUTIES (No. 258) ORDER, 1950.

The Government, in exercise of the powers conferred on them by section 1 of the Emergency Imposition of Duties Act, 1932 (No. 16 of 1932), as adapted in consequence of the enactment of the Constitution, and of every and any other power them in this behalf enabling, hereby order as follows :—

1. This Order may be cited as the Emergency Imposition of Duties (No. 258) Order, 1950.

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

3. A duty of customs shall be charged, levied and paid at the rates hereinafter mentioned on each of the following articles imported on or after the 6th day of October, 1950, that is to say, hermetically sealed or rubber-capped glass containers of a capacity not exceeding one hundred cubic centimetres which at the time of importation contain water or a solution of water and sodium chloride.

4. The duty imposed by this Order shall be charged, levied and paid at whichever of the following rates produces in each particular case the greater amount of duty—

(i) the rate of seven shillings and sixpence per hundred containers, or

(ii) the rate of an amount equal to fifty per cent. of the value of the containers.

5. Whenever the Minister for Finance, after consultation with the Minister for Industry and Commerce, so thinks proper, the Revenue Commissioners may by licence authorise any particular person, subject to compliance with such conditions as they may think fit to impose, to import without payment of the duty imposed by this Order any articles chargeable with such duty or, in the case of any such articles already imported, to take delivery thereof without payment of such duty either, as the Revenue Commissioners shall think proper, without limit as to time or quantity or either of them or within a specified time or in a specified quantity, but so that no such licence shall be exempt from the provisions of section 15 of the Finance (Agreement with United Kingdom) Act, 1938 (No. 12 of 1938).

6. The following statutory provisions shall apply and have effect in the manner hereinafter mentioned that is to say :—

(a) the provisions of section 6 of the Finance (Agreement with United Kingdom) Act, 1938 (No. 12 of 1938), shall apply and have effect in relation to the duty imposed by this Order as if the articles chargeable with that duty were mentioned in the second column of the First Schedule to the said Act, and this Order were mentioned in the third column of the said Schedule opposite the mention of the said articles in the said second column, and a rate were specified in the fourth column of the said Schedule opposite the mention of the said articles in the said second column equal to whichever of the following rates produces in each particular case the greater amount of duty :—

(i) the rate of five shillings per hundred containers, or

(ii) the rate of an amount equal to thirty-three and one-third per cent. of the value of the containers ;

(b) the provisions of section 16 of the said Act and the regulations made under that section shall apply and have effect for the purpose of the said section 6 as applied by this paragraph.

7. The duty imposed by this Order is hereby placed under the care and management of the Revenue Commissioners.

GIVEN under the Official Seal of the Government, this 29th day of September, 1950.

(Signed) JOHN A. COSTELLO,

Taoiseach.