S.I. No. 108/1932 - The Control of Manufacturers Regulation, 1932.

STATUTORY RULES AND ORDERS. 1932. No. 108.

THE CONTROL OF MANUFACTURERS REGULATION, 1932.

THE CONTROL OF MANUFACTURES REGULATIONS, 1932, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE TWENTY-FIRST DAY OF NOVEMBER, 1932, PURSUANT TO SECTION 12 of THE CONTROL OF MANUFACTURES ACT, 1932 .

WHEREAS it is enacted by sub-section (1) of section 12 of the Control of Manufactures Act, 1932 , that the Minister for Industry and Commerce may by order make regulations in relation to any matter or thing referred to in the Act as prescribed or to be prescribed:

NOW, THEREFORE, the Minister for Industry and Commerce, in exercise of the power conferred on him by Section 12 of the Control of Manufactures Act, 1932 , and of every and any other power him in this behalf enabling, makes by this order the following regulations, that is to say:—

1. These regulations may be cited for all purposes as the Control of Manufactures Regulations, 1932.

2. 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.

3. In these regulations—

the expression "the Act" means the Control of Manufactures Act, 1932 ; the expression "the Minister" means the Minister for Industry and Commerce.

4. The form of a certificate produced under Section 3 of the Act and the particulars to be contained in such form shall be the Form No. 1 in the Schedule to these regulations, and the particulars required by such form and said certificate shall be verified in the manner provided by such form.

5. The form in which an application shall be made for a new manufacture licence under Section 4 of the Act and the particulars to be contained in such application shall be the Form No. 2 in the Schedule to these regulations and the particulars required by such form. Every such application shall be made by sending such form duly filled up by post addressed to "The Secretary, Department of Industry and Commerce, Government Buildings, Upper Merrion Street, Dublin."

6. The provisions in accordance with which the Minister may exercise the powers of granting or refusing a new manufacture licence under sub-section (1) of Section 6 of the Act shall be the following, that is to say, the Minister shall, before granting or refusing such licence under the said powers, have regard to the following matters:—

(i) the extent to which the existing and Probable future requirements of the public in Saorstát Eireann in respect of the process sought to be authorised by the licence are sufficiently met by businesses lawfully established in Saorstát Eireann at the date of the application for the licence or will probably be sufficiently met by businesses which may be established in Saorstát Eireann after such date by persons entitled to perform such process without a licence under the Act;

(ii) (a) in the event of the business in the course or as part of which it is proposed that the process sought to be authorized by the licence shall be performed being owned by two or more individuals, the extent to which the capital invested in such business is in the beneficial ownership of nationals of Saorstát Eireann;

(b) in the event of the business in the course or as part of which it is proposed that the process sought to be authorized by the licence shall be performed being owned by a body corporate, the extent to which the shares (in nominal value) issued by such body corporate are in the beneficial ownership of nationals of Saorstát Eireann, or if such shares are owned by a body corporate, the extent to which the shares (in nominal value) issued by such last-mentioned body corporate are in the beneficial ownership of nationals of Saorstát Eireann;

(iii) the ability and resources of the applicant for the licence to perform efficiently the process sought to be authorized by the licence;

(iv) the locality or localities of the works for the performance of the process sought to be authorized by the licence;

(v) the extent to which the grant of the licence is calculated to promote employment in Saorstát Eireann;

(vi) the extent to which the materials for the construction of the works, the plant and equipment and apparatus of the works, the raw materials and articles used for the performance of the process sought to be authorized by the licence will be produced or made in Saorstát Eireann;

(vii) the effect of the grant of the licence on the general economic interests of Saorstát Eireann.

7 . The form in which a new manufacture licence is granted under Section 6 of the Act shall be the Form No. 3 in the Schedule to these regulations.

8. The provisions in accordance with which the Minister may attach terms and conditions to a new manufacture licence under paragraph (c) of sub-section (2) of Section 6 of the Act shall be the following, that is to say, the Minister may attach any terms and conditions he thinks fit to a new manufacturing licence in respect of the following matters:—

(i) the construction by the licensee of works for the performance of the process authorized by the licence;

(ii) the number and extent of the works for the performance of the process authorized by the licence;

(iii) the locality or localities of the works for the performance of the process authorized by the licence;

(iv) in the event of the business in the course or as part of which it is proposed that the process sought to be authorized by the licence shall be performed being owned by a body corporate:—

(a) the number and nominal value of the shares which shall be issued by such body corporate, and

(b) the extent to which subscription to such shares at the time of the issue thereof is open to residents in Saorstát Eireann:

(v) (a) the extent to which the materials for the construction of the works, the plant and equipment and apparatus of the works, the raw materials and articles used for the performance of the process authorized by the licence shall be produced or made in Saorstát Eireann by the licensee or other persons;

(b) the extent to which articles used by the licensee for the advertisement, sale or distribution by him of the products of the process authorized by the licence shall be produced or made in Saorstát Eireann;

(vi) the extent to which employment in the performance of the process authorized by the licence shall be given to nationals of Saorstát Eireann;

(vii) the extent of the output of the process authorized by the licence;

(viii) the extent to which the products of the process authorized by the licence shall be sold for consumption or use in Saorstát Eireann.

By order of the Minister for Industry and Commerce.

Dated this 21st day of November, 1932.

(Signed) JOHN LEYDON,

Secretary,

Department of Industry and Commerce.

SCHEDULE.

FORM No. 1.

CERTIFICATE UNDER SECTION ₃ OF THE ACT.

1.—I (or we) (a)

being registered as the proprietor(s) of (b)

share(s) in (c)

(d)

hereby certify

(i) that I am (we are) the beneficial owner(s) of such shares ;

(ii) that I am a national (we are nationals) of Saorstát Eireann ;

(iii) that I (we) hold the said share(s) on behalf of

(iv) that such person(s) is a national (are nationals) of Saorstát Eireann.

(a) Here give full names and addresses of every person who signs this form.

(b) Here give the number of shares.

(c) Here give the name of the body Corporate.

(d) Any of clauses (i), (ii), (iii) and (iv) in respect of which the certificate is not made should be struck out.

II.—When it is certified under Paragraph I above that any person is a national of Saorstát Eireann, the following particulars are to be given here:—

(a) If such person is certified to be a National of Saorstát Eireann by reason of his being born in Saorstát Eireann, or the area now comprised in Saorstát Eireann, a statement must be made here of the place and date of his birth.

(b) if such person is certified to be a national of Saorstát Eireann by reason of his having resided in Saorstát Eireann for not less than five consecutive years immediately preceding the relevant time, a statement must be made here of the five years during which he has resided in Saorstát Eireann with particulars of the place or places at which he has resided.

III.—I (or we) hereby state that the matters certified in paragraph 1 above and the particulars given in Paragraph II above are true to the best of my (or our) knowledge, information and belief.

FORM No. 2.

APPLICATION FOR A NEW MANUFACTURE LICENCE

I (or we) (a)

carrying on or proposing to carry on in Saorstát Eireann a business by way of trade or for purpose of gain, hereby make application to the Minister for Industry and Commerce for a new manufacture licence authorizing me (or us) to do in the course or as part of such business, the following thing (or things) (b):—

(i) to make the article, material or substance, or any part of the article, material or substance of the class or kind specified as follows:—(c)

(ii) to alter, repair, ornament and finish the article, material, or substance or any part of the article, material or substance of the class or kind specified as follows:—(c)

(iii) to adapt for sale the article, material, or substance or any part of the article, material or substance of the class or kind specified as follows:—(c)

Dated this     day of           193

Signature of Applicant(s)(d)...................................................

To The Secretary,

Department of Industry and Commerce,

Government Buildings,

Upper Merrion Street, Dublin.

(a) If the business is carried on or proposed to be carried on by a body corporate, or a firm, under a trade-name, the name of the body corporate, of the firm or the trade-name should be given here.

(b) Any of the things for the doing of which a licence should struck out.

(c) The class or kind of the article, material or substance must be specified here.

(d) If the application is made on behalf of a partnership the signature of every partner should be given. If the application is made on behalf of a corporate body it should be signed by the Secretary and sealed with the seal of the body corporate duly authenticated, or be otherwise duly authenticated in the manner provided by the constitution of the body corporate.

FORM No. 3.

NEW MANUFACTURE LICENCE.

The Minister for Industry and Commerce hereby authorizes

so long as this licence is in force, and subject to the terms and conditions hereinafter in this licence stated to do in the course or as part of a business carried on by way of trade or for the purposes of gain, the following thing (or things), that is to say:—

This licence is granted subject to the following terms and conditions, that is to say:—

Secretary,

Department of Industry and Commerce.