S.I. No. 147/1934 - Harbours (Regulation of Rates) Act, 1934 Order, 1934

STATUTORY RULES AND ORDERS. 1934. No. 147.

HARBOURS (REGULATION OF RATES) ACT, 1934 ORDER, 1934

THE HARBOURS (REGULATION OF RATES) ACT, 1934 ORDER, 1934, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE ON THE FIRST DAY OF JUNE, 1934, PURSUANT TO SECTION 11 of THE HARBOURS (REGULATION OF RATES) ACT, 1934 .

WHEREAS it is enacted by Section 11 of the Harbours (Regulation of Rates) Act, 1934 (No. 2 of 1934), that the Minister for Industry and Commerce may by order make regulations in relation to any matter or thing referred to in the said Act as prescribed or to be prescribed.

AND WHEREAS it is enacted by sub-section (2) of Section 4 of the said Act that every application for a harbour rates order shall be in the prescribed form and shall contain the prescribed particulars:

NOW, THEREFORE, the Minister for Industry and Commerce in the exercise of the powers conferred on him by Section 11 of the Harbours (Regulation of Rates) Act, 1934 , and of every and any other power him in this behalf enabling, hereby orders as follows, that is to say:—

1. This Order may be cited for all purposes as the Harbours (Regulation of Rates) Act, 1934 Order, 1934.

2. 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.

3. The form in which an application for a harbour rates order shall be made shall be that set out in the Schedule to this Order, and the particulars to be contained in an application shall be those set out in the said form.

Given under the Official Seal of the Minister for

Industry and Commerce, this First day of June,

in the Year One Thousand Nine Hundred and

Thirty-four.

JOHN LEYDON,

Secretary to the Department of Industry and Commerce.

SCHEDULE REFERRED TO IN THE FOREGOING ORDER.

APPLICATION FOR A HARBOUR RATES ORDER UNDER THE HARBOURS (REGULATION OF RATES) ACT, 1934 .

I/We hereby apply for a harbour rates order under the Harbours (Regulation of Rates) Act, 1934 , in accordance with the particulars furnished in this application.

I/We hereby declare that the information furnished in this application is correct.

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

Address............................................................ ..............

............................................................ ...

Date ............................................................ ..................

PARTICULARS TO BE FURNISHED BY APPLICANT.

1. Harbour to which application relates—

2. Particulars of application for an order—

(a) The rates which it is desired should be fixed by the Minister:

(b) Whether it is desired that such rates shall be the actual rates or the maximum rates:

(c) The grounds on which the application is made, together with a statement setting out any considerations in support of it.

3. In case of an application for an order for the revocation or amendment of a harbour rates order—

(a) Grounds upon which it is desired that the Order should be revoked or amended:

(b) Nature and extent of amendment desired.

4. The particulars under this paragraph need only be furnished in the case of an application from a harbour authority.

5. The effect, if any, of the order, in respect of a full year upon the revenue of the harbour so far as can be estimated, if the application is granted.

6. If the applicant is not the harbour authority for the said harbour—

(a) Nature of business or occupation of applicant:

(b) Extent to which the harbour is used by applicant and interest of applicant in the use or development of the harbour:

(c) Amount (if any) of rates paid by applicant to the harbour authority for the harbour during the twelve months immediately preceding the date of application:

(d) Whether the applicant has requested the harbour authority to make the alteration in rates now asked for, and, if so, with what result:

NOTE.—If any space provided in this form is insufficient, the required particulars may be furnished in a separate numbered sheet, which should be securely fastened to the form, reference to the sheet being inserted in the space in question.