S.I. No. 429/1947 - Fuel Order, 1947.

STATUTORY RULES AND ORDERS. 1947. No. 429.

FUEL ORDER, 1947.

I, SEÁN F. LEMASS, Minister for Industry and Commerce, in exercise of the powers conferred on me by Article 31 of the Emergency Powers Order, 1939 (S. R. & O. No. 224 of 1939), as amended by the Emergency Powers (No. 173) Order, 1942 (S. R. & O. No. 166 of 1942) (which Orders are continued in force by the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22 of 1946)), and of every and any other power me in this behalf enabling, hereby order as follows: —

PART I.PRELIMINARY AND GENERAL.

1 Short title and commencement

1.—(1) This Order may be cited as the Fuel Order, 1947.

(2) This Order shall come into operation on the 1st day of January, 1948.

2 Definitions

2. In this Order—

authorised officer.

the expression " authorised officer " means any person being

(a) any officer of Customs and Excise, or

(b) any person appointed by the Minister to be an authorised officer for the purposes of the Order of 1941 or of this Order ;

Controlled (turf) sale district.

the expression " the controlled (turf) sale district " means the areas specified in the First Schedule to this Order ;

exchange value.

the expression " exchange value " means—

(a) in relation to a fuel coupon marked " BB " or " DD " four stones ;

(b) in relation to any other fuel coupon, the quantity declared by a supplemental order to be the exchange value thereof ;

fuel coupon.

the expression " fuel coupon " means a coupon which forms or formed part of a fuel licence ;

fuel licence.

the expression " fuel licence " means a licence issued under paragraph (1) of Article 4 of the Emergency Powers (Control of Fuel) Order, 1941 (Eleventh Amendment) Order, 1947 (S. R. & O. No. 312 of 1947), or under paragraph (1) of Article 5 of this Order ;

fuel merchant.

the expression " fuel merchant " means a person who carries on the business of selling (including selling from a vehicle) fuel whether by wholesale or by retail ;

fuel merchant's licence.

the expression " fuel merchant's licence " means a licence issued or deemed to have been issued under Article 3 of this Order ;

holder of a fuel licence.

references to the holder of a fuel licence shall be construed as references to the person to whom the licence is issued and to no other person ;

licensed fuel merchant.

the expression " licensed fuel merchant " means a person who is for the time being the holder of a fuel merchant's licence ;

Minister.

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

operative date.

the expression " the operative date " means the 1st day of January, 1948 ;

Order of 1941.

the expression " the Order of 1941 " means the Emergency Powers (Control of Fuel) Order, 1941 (S. R. & O. No. 411 of 1941) ;

period of validity.

the expression " period of validity " means—

(a) in relation to a fuel coupon marked " BB, " October and November, 1947.

(b) in relation to a fuel coupon marked " DD, " December, 1947 and January, 1948,

(c) in relation to any other fuel coupon, the period declared by a supplemental order to be its period of validity.

permit.

the word " permit " means a permit issued or deemed to have been issued under Article 4 of this Order ;

supplemental order.

the expression " supplemental order " means an order made by the Minister and supplemental to this Order ;

turf.

the word " turf " includes briquettes made wholly or mainly of turf ;

turf coupon.

the expression " turf coupon " means a fuel coupon, being—

(a) a fuel coupon marked " BB " or " DD," or

(b) a fuel coupon declared by a supplemental order to be applicable to turf.

3 Fuel merchant's licence

3.—(1) A fuel merchant may apply to the Minister for a licence authorising him to carry on the business of selling fuel, and every such application shall—

(a) be in writing,

(b) be sent to the Secretary, Department of Industry and Commerce, Dublin, and

(c) be accompanied by the fee (if any) directed by the Minister for Finance to be paid in respect of a fuel merchant's licence.

(2) On receipt of an application duly made for a fuel merchant's licence the Minister may, in his discretion, grant or refuse the application.

(3) When the Minister refuses an application for a fuel merchant's licence he shall refund any fee which accompanied the application.

(4) The Minister may attach to any fuel merchant's licence such conditions as he thinks fit and, where any conditions are attached to a fuel merchant's licence, the licensee shall comply therewith.

(5) No fuel merchant's licence shall be transferable.

(6) Every licence issued or deemed to have been issued under the Order of 1941, which is in force immediately before the operative date, shall, on and after the operative date, be deemed to be a fuel merchant's licence issued under this Article and subject to the same conditions (if any) as were attached to it upon its actual issue.

4 Permits

4.—(1) The Minister may, if he thinks fit, issue permits for the purposes of this Order and may attach conditions to any permit so issued.

(2) Every permit issued or deemed to have been issued for the purposes of the Order of 1941, which is in force immediately before the operative date shall, on and after the operative date, be deemed to be a permit duly issued for the purposes of this Order subject to the same conditions (if any) as were attached to it upon its actual issue.

5 Fuel licences

5.—(1) The Minister may, from time to time authorise the issue to any person of a licence to which there are attached coupons, each of which is marked with the words " one Fuel Unit " or the words " Aonad Breosla Amháin."

(2) A fuel coupon shall operate to authorise the holder of the fuel licence to which the coupon is attached to purchase during the period of its validity a quantity (not exceeding the exchange value of the coupon) of, in case the coupon is marked " DD," turf or, in any other case, the kind of fuel to which the coupon is declared by a supplemental order to be applicable.

(3) The Minister may restrict the issue of fuel licences to such persons as, in his absolute discretion, he thinks fit.

(4) There shall be attached to every fuel licence such conditions as the Minister thinks fit.

(5) The holder of a fuel licence shall comply with such conditions as are attached to the licence.

6 Revocations

6. The Orders mentioned in the Second Schedule to this Order are hereby revoked.

PART II.PROVISIONS IN RELATION TO TURF.

7 Prohibition on sale of turf in the controlled (turf) sale district otherwise than by licensed fuel merchants. etc

7. No person shall, in the controlled (turf) sale district, sell or deliver on sale turf unless—

(a) he is a licensed fuel merchant, or

(b) the sale is made under and in accordance with a permit or other authority given by the Minister.

8 Restrictions on sale of turf in the controlled (turf) sale district to persons other than licensed fuel merchants

8. In the controlled (turf) sale district, a licensed fuel merchant shall not sell to any person (other than another licensed fuel merchant), nor shall any person (other than a licensed fuel merchant) purchase, any turf, unless—

(a) the following conditions are, at the time of sale, complied with—

(i) the purchaser is the holder of a fuel licence having attached thereto a number of turf coupons, the period of validity whereof is then current ;

(ii) the said licence is produced to the vendor,

(iii) the quantity of turf does not exceed the exchange value of the said number of the said turf coupons, and

(iv) the vendor detaches from the said licence a number of the said turf coupons sufficient, having regard to the exchange value thereof, to cover the sale, or

(b) the turf is sold under and in accordance with a permit.

9 Disposal of fuel coupons by licensed fuel merchants

9. Where any fuel coupons are detached by a licensed fuel merchant in pursuance of Article 8 of this Order he shall not dispose of them except as provided by Article 10 of this Order or in accordance with directions given by the Minister.

10 Restrictions on sale of turf in controlled (turf) sale district, by licensed fuel merchants to other licensed fuel merchants

10.—(1) In the controlled (turf) sale district, a licensed fuel merchant shall not sell to another licensed fuel merchant, nor shall a licensed fuel merchant purchase from another licensed fuel merchant, any turf, unless—

(a) the purchaser delivers to the vendor at the time of the sale a number of appropriate fuel coupons, the period of validity whereof is then current or has expired not more than two months previously, sufficient, having regard to the exchange value thereof, to cover the sale, or)

(b) the turf is sold under and in accordance with a permit or other authority given by the Minister.

(2) In this Article, the expression " appropriate fuel coupon " means a turf coupon against which turf or firewood or turf and firewood has or have been purchased and delivered under the authority conferred thereby.

11 Period during which fuel purchased by virtue of a fuel coupon or a permit may be delivered or accepted

11.—(1) Where any fuel is purchased by a person (other than a licensed fuel merchant) under the authority conferred by a fuel coupon, the vendor shall not deliver, nor shall the purchaser accept delivery of, the fuel except during the period of validity of that fuel coupon.

(2) Where any fuel is purchased by a person under the authority conferred by a permit, the vendor shall not deliver, nor shall the purchaser accept delivery of, the fuel except during the period specified in that permit.

12 Sale of turf from vehicle in controlled (turf) sale district

12. No person shall sell or deliver on sale in the controlled (turf) sale district from any vehicle turf unless there is conspicuously displayed on such vehicle the letters " CML " or " FML " and the number of the fuel merchant's licence held by the licensed fuel merchant by or on whose behalf the turf is being sold or delivered.

13 Sale of turf in bags

13. Where a person sells in the controlled (turf) sale district turf in a bag, he shall include in the bag not less than 56 lbs. of turf.

14 Records of purchases and sales of turf

14.—(1) Every licensed fuel merchant who carries on in the controlled (turf) sale district the business of selling turf shall keep, at the premises specified in his fuel merchant's licence or at such other premises as the Minister may from time to time agree to, a record of the name and address of each person from whom he has purchased for the purpose of such business or to whom, in the course of such business, he has delivered on sale turf on or after the operative date, the date of such purchases and deliveries and of the quantity of turf so purchased from, or delivered on sale to, such person.

(2) This Article shall not apply to the delivery on sale of turf not exceeding four stones in weight by a fuel merchant who sells turf only by hawking in public places and has no fixed place at which he habitually sells turf.

PART III.PROVISIONS IN RELATION TO ANTHRACITE.

15 Restrictions on sale of anthracite

15. No person in the State shall sell or deliver on sale anthracite to any other person in the State nor shall any person purchase or take delivery on sale of anthracite from any other person in the State unless—

(a) the vendor is a licensed fuel merchant and the sale is made under and in accordance with a permit or other authority given by the Minister, or

(b) if the vendor is not a licensed fuel merchant, the sale is made under and in accordance with an authority given by the Minister.

16 Records of purchases and sales of anthracite

16. Every licensed fuel merchant shall keep, at the premises specified in his fuel merchant's licence or at such other premises as the Minister may from time to time agree to, a record of the name and address of each person from whom he has purchased, or to whom he has delivered on sale, anthracite on or after the operative date, the dates of such purchases and deliveries and of the quantity of anthracite so purchased from, or delivered on sale to, such person.

PART IV.MISCELLANEOUS.

17 Returns

17.—(1) The Minister may, whenever and so often as he, thinks fit, serve on any licensed fuel merchant a notice requiring him to furnish to the Minister, at such times, as may be specified in the notice, periodical or other returns containing such particulars relating to his business as may be specified in the notice.

(2) The Minister may, whenever and so often as he thinks fit, serve on any person a notice requiring him to furnish to the Minister, within such time as may be specified in the notice, a return containing such particulars relating to the purchase of fuel by him as may be specified in the notice.

(3) A notice under this Article may require any return to be made thereunder to be in a form specified in the notice.

(4) Where a notice under this Article is served on any person, he shall comply with the requirements thereof.

(5) Any notice served under paragraph (1) or (2) of Article 18 of the Order of 1941 shall, on and after the operative date, be deemed to be a notice duly served under the corresponding paragraph of this Article.

18 Production of books, etc

18. Every licensed fuel merchant, and every person employed by a licensed fuel merchant, is hereby required, from time to time—

(a) to produce, at the request of an authorised officer, to such officer any books or documents relating to the purchase and sale of fuel for the purposes of the business of the merchant which are in his power, possession or procurement, to permit such officer to inspect and take extracts from such books or documents, and to give to such officer any information which he may reasonably require, in regard to any entries in such books or documents,

(b) to afford to an authorised officer all reasonable facilities for the examination and measurement of any stocks of fuel carried in connection with such business,

(c) to give to an authorised officer any information, which he may reasonably require, in regard to the purchase, storage or sale of fuel for the purposes of such business.

19 Information by occupier of premises as to purchase of fuel

19. The occupier of any premises shall, on the request of an authorised officer, give to such authorised officer any information, which such authorised officer may reasonably require, in regard to the purchase of fuel by such occupier.

FIRST SCHEDULE.

THE CONTROLLED (TURF) SALE DISTRICT.

1. The county boroughs of Cork, Dublin and Waterford.

2. The administrative counties of Dublin, Kilkenny, Louth, Wexford and Wicklow.

3. The administrative county of Waterford, excluding the following rural districts as constituted immediately before the 1st day of October, 1925, namely, Dungarvan, Clonmel (No. 1), Lismore (including the towns of Lismore and Cappoquin) and Youghal (No. 2).

4. The area in the administrative county of Cork consisting of—

(a) the following District Electoral Divisions, namely, Blackrock, Bishops-town, St. Mary's, Lehanagh and Douglas, and

(b) the townlands of Rathpeacon and Carhoo in the District Electoral Division of Whitechurch, the townlands of Arderrow, Ballyharoon, Banduff, Kilcully, Ballinamought East, Lehardane, Lota Beg and Lota More in the District Electoral Division of Rathcooney and the townland of Doughcloyne in the District Electoral Division of Inishkenny.

SECOND SCHEDULE.

ORDERS REVOKED.

1. Emergency Powers (Control of Fuel) Order, 1941 (S. R. & O. No. 411 of 1941).

2. Emergency Powers (Control of Fuel) Order, 1941 (First Amendment) Order, 1941 (S. R. & O. No. 454 of 1941).

3. Emergency Powers (Control of Fuel) Order, 1941 (Second Amendment) Order, 1941 (S. R. & O. No. 480 of 1941).

4. Emergency Powers (Control of Fuel) Order, 1941 (Third Amendment) Order, 1941 (S. R. & O. No. 531 of 1941).

5. Emergency Powers (Control of Fuel) Order, 1941 (Fourth Amendment) Order, 1942 (S. R. & O. No. 24 of 1942).

6. Emergency Powers (Control of Fuel) Order, 1941 (Fifth Amendment) Order, 1942 (S. R. & O. No. 225 of 1942).

7. Emergency Powers (Control of Fuel) Order, 1941 (Sixth Amendment) Order, 1942 (S. R. & O. No. 375 of 1942).

8. Emergency Powers (Control of Fuel) Order, 1941 (Seventh Amendment) Order, 1943 (S. R. & O. No. 53 of 1943).

9. Emergency Powers (Control of Fuel) Order, 1941 (Eleventh Amendment) Order, 1947 (S. R. & O. No. 312 of 1947).

10. Emergency Powers (Control of Fuel) Order, 1941 (Eleventh Amendment) Order, 1947 (Supplemental Provisions) (No. 2) Order, 1947 (S. R. & O. No. 389 of 1947).

GIVEN under my Official Seal, this 31st day of December, 1947.

(Signed) SEÁN F. LEMASS,

Minister for Industry and Commerce.