S.I. No. 58/1935 - Industrial Alcohol Act (Advisory Body) Order, 1935.

STATUTORY RULES AND ORDERS. 1935. No. 58.

INDUSTRIAL ALCOHOL ACT (ADVISORY BODY) ORDER, 1935.

The Industrial Alcohol Act (Advisory Body) Order, 1935, made by the Minister for Industry and Commerce on the 19th day of February, 1935, pursuant to section 15 of the Industrial Alcohol Act, 1934 .

WHEREAS it is enacted by sub-section (1) of section 15 of the Industrial Alcohol Act, 1934 , that the Minister for Industry and Commerce shall by Order establish an Advisory Body (to be called and known as the Industrial Alcohol Advisory Board and in that section referred to as the Board) for giving advice to the Minister in relation to such matters (being matters relating to the undertaking) as the Minister may specify in such Order, and shall by such Order provide for the constitution of the Board and for the appointment and tenure of office of members of the Board and for any other matter in relation to the Board which, in the opinion of the Minister, it is advisable to provide by such Order.

NOW, THEREFORE, the Minister for Industry and Commerce in exercise of the powers conferred on him by sub-section (1) of section 15 of the said Act, and of all other powers him in this behalf enabling hereby makes the following Order:—

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

2. In this Order the expression " the Act " means the Industrial Alcohol Act, 1934 ; the expression " the Minister '' means the Minister for Industry and Commerce.

3. An Advisory Body which shall be styled the Industrial Alcohol Advisory Board (and which is hereinafter referred to as the Board) is hereby established for giving advice to the Minister in relation to the following matters arising out of the Act, that is to say:—

(1) The manufacture, distillation and sale of industrial alcohol.

(2) The general powers of the Minister under section 4 of the Act.

(3) The compulsory acquisition of land and any easement, way-leave,

water-right, fishing right or other right over or in respect of any land or water.

(4) The ascertainment and payment of compensation.

(5) The purchase of industrial alcohol by importers, refiners, or other persons.

(6) The restriction on manufacture of industrial alcohol.

(7) The sale of any land acquired by the Minister under the Act and also the good-will, stock in trade, and other assets of the undertaking.

(8) Any other matter or thing relating to the undertaking on which the Minister may seek advice.

4. (a) The Board shall consist of such number of members (not being more than seven) as the Minister may from time to time determine.

(b) The members of the Board shall be appointed by the Minister, and every person so appointed to be a member of the Board shall unless he sooner dies, resigns or becomes disqualified, hold office for such period not exceeding five years as shall be fixed by the Minister when appointing him and every such person shall on the expiration of his term of office be eligible for reappointment.

(c) The Minister shall appoint one member of the Board to be Chairman of the Board and another member of the Board to be Deputy Chairman of the Board and any such appointment may be made at the time when such person is being appointed a member of the Board or subsequently.

5. (a) The Minister may, with the consent of the Minister for Finance, appoint a Secretary of the Board, and any other assistants to the Board whom he may consider necessary for the proper discharge of their duties.

(b) The Minister may at any time determine the appointment of the Secretary of the Board or of any such assistant to the Board.

(c) The Minister may, out of moneys provided by the Oireachtas, pay to the Secretary of the Board or to any such assistant to the Board such remuneration (if any) as he may, with the sanction of the Minister for Finance, fix.

6. (a) Every member of the Board shall while holding office as such member be disqualified from being nominated or elected and from sitting or receiving payment as a member of Dáil Eireann or of Seanad Eireann.

(b) Any person other than—

(i) a person who is in the employment of the Minister for the purposes of the undertaking, or

(ii) a person who is a manager or biological engineer of the distilleries or rectifying plants under an agreement made pursuant to sub-section (2) of section 4 of the Act,

who is personally interested in any trade, business or enterprise which could be affected by any advice which the Minister may seek from the Board shall not be eligible to be appointed a member of the Board, and if a person having been appointed a member of the Board subsequently becomes so interested he shall thereupon cease to be a member of the Board.

7. If at any meeting of the Board the Chairman of the Board is absent the Deputy Chairman of the Board shall be the Chairman at such meeting, and if the Chairman and Deputy Chairman are both absent the Minister may appoint a Chairman for such meeting.

8. If and whenever a member of the Board is adjudged bankrupt, or makes a composition or arrangement with his creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude, or ceases to be ordinarily resident in Saorstát Eireann, he shall be disqualified from holding the office of a member.

9. The Minister may at any time, in his discretion, determine the appointment of any member of the Board, and such member shall thereupon cease to be a member of the Board.

10. A member of the Board may resign his office at any time.

11. Whenever it appears to the Minister that on account of illness or for other sufficient reason a member of the Board is temporarily unable to discharge his duties as such member, the Minister may appoint a person to act as a member for such period (not exceeding the duration of such inability) as he shall think proper, and every person so appointed to act as a member of the Board shall during the period for which he is so appointed be a member of the Board in the place of such first-mentioned member.

12. Each member of the Board shall have one vote.

13. The quorum at any meeting of the Board shall be two.

14. The Board shall meet at such place as the Board may, from time to time, determine to be the most suitable for the discharge of its functions under the Act; and the Board may, from time to time, adjourn any of the meetings.

15. The proceedings of the Board shall not be invalidated by reason of any defect in the appointment of any member.

16. Save as otherwise provided by this Order, the Board shall determine its practice and procedure.

17. This Order may be cited for all purposes as the Industrial Alcohol Act (Advisory Body) Order, 1935.

Given under the Official Seal of the Minister for

Industry and Commerce this 19th day of

February, in the year one thousand nine

hundred and thirty-five.

JOHN LEYDON,

Secretary, Department of Industry and Commerce.