S.I. No. 355/1935 - S.I. No. 355/1935 -Feathers (Regulation of Export To Germany) Order, 1935.

STATUTORY RULES AND ORDERS. 1935. No. 355.

FEATHERS (REGULATION OF EXPORT TO GERMANY) ORDER, 1935.

WHEREAS it is enacted by sub-section (1) of Section 2 of the Agricultural Products (Regulation of Export) Act, 1933 , as amended by Section 2 of the Agricultural Products (Regulation of Export) (Amendment) Act, 1935 , that if the Government of any country establishes any system of restriction or control of the import of any agricultural product into that country from Saorstát Eireann or if the Government of any country has made any agreement or arrangement with the Government of Saorstát Eireann whereby any agricultural product is permitted or required to be imported to a limited extent into that country from Saorstát Eireann or whereby the import of any agricultural product into that country from Saorstát Eireann is facilitated the Minister for Agriculture may, whenever and so often as he thinks proper, make an order (in said first mentioned Act referred to as an export order) regulating and controlling the export of any agricultural product to that country from Saorstát Eireann in such manner as appears to him to be calculated to secure the maximum benefit permitted by such system of restriction and control or such agreement or arrangement, or to be calculated to secure compliance with the requirements of such agreement or arrangement, and in particular may, without prejudice to the generality of the foregoing provision, by such order provide (amongst other things) for prohibiting the export of such product to such country from Saorstát Eireann by any person, other than the said Minister or such person or persons as he may from time to time authorise, and for making specified infringements of such order offences punishable on summary conviction and fixing the penalties for such offences:

AND WHEREAS in exercise of the powers vested in them by sub-section (1) of Section 3 of the Agricultural Products (Regulation of Export) (Amendment) Act, 1935 , the Executive Council on the 12th day of July, 1935, made an Order, entitled Agricultural Products (Feathers) (Transfer of Functions) Order, 1935, whereby all the several functions, powers and duties conferred on or imposed by the Agricultural Products (Regulation of Export) Act, 1933 , as amended by the Agricultural Products (Regulation of Export) (Amendment) Act, 1935 , on the Minister for Agriculture were transferred to and vested in the Minister for Industry and Commerce so far as such functions, powers and duties relate to or are concerned with the following agricultural product, namely, Feathers:

AND WHEREAS the Government of the German Reich has established a system of restriction or control of the import of various agricultural products into that country from Saorstát Eireann:

NOW, THEREFORE, the Minister for Industry and Commerce in exercise of the powers conferred on him by the Agricultural Products (Regulation of Export) Act, 1933 , as amended by the Agricultural Products (Regulation of Export) (Amendment) Act, 1935 , and of every and any other power him in this behalf enabling hereby orders as follows:—

1. (1) This Order may be cited for all purposes as the Feathers (Regulation of Export to Germany) Order, 1935.

(2) This Order shall come into operation on the 31st day of August, 1935.

2. In this Order:—

the expression "the Minister" means the Minister for Industry and Commerce,

the word "feathers" means all feathers whether new or old including down.

3. 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.

4. (1) The Minister may issue, to such person at such times, and in such number as he shall think proper, licences (in this Order referred to as export licences) authorising the export of feathers from Saorstát Eireann to Germany.

(2) Every export licence issued under this Order shall:—

(a) be in such form as the Minister thinks proper;

(b) be expressed and operate to authorise the holder of such licence to export from Saorstát Eireann to Germany before a specified date a specified quantity of feathers, but subject to such conditions (if any) as the Minister may think fit to attach to such licence and may specify therein.

5. (1) It shall not be lawful for any person to export any feathers from Saorstát Eireann to Germany unless:—

(a) such person is the holder of an export licence authorising him to export such feathers from Saorstát Eireann to Germany; and

(b) the quantity of feathers so exported is the quantity specified in such export licence; and

(c) such feathers are so exported before the date specified in such export licence; and

(d) such person complies with the conditions (if any) specified in such export licence.

(2) Every person who exports or attempts to export any feathers from Saorstát Eireann to Germany in contravention of this Article shall be guilty of an offence under this Article and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds.

By Order of the Minister for Industry and Commerce.

Dated this 27th day of August, 1935.

R. C. FERGUSON, Assistant Secretary,

Department of Industry and Commerce.