S.I. No. 12/1950 - Motor Spirit Order, 1950.

S.I. No. 12 of 1950.

MOTOR SPIRIT ORDER, 1950.

The Minister for Industry and Commerce, in exercise of the powers conferred on him 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) ), hereby orders as follows :—

PART I. PRELIMINARY.

1. This Order may be cited as the Motor Spirit Order, 1950.

2. In this Order—

the expression " authorised officer " means a person authorised by the Minister to exercise the powers conferred on an authorised officer by this Order ;

the expression " by retail " when used in relation to the sale of motor spirit, means sale to a person who buys otherwise than for the purpose of selling it again ;

the word " dealer " means a person who carries on the business of selling motor spirit ;

the expression " licensed premises " means premises in respect of which a retailer's licence has been granted ;

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

the expression " motor spirit " means any spirit which consists wholly or partly of hydrocarbon light oils as defined in subsection (7) of section 1 of the Finance (Customs Duties) (No. 4) Act, 1931 (No. 43 of 1931), and which is suitable for the propulsion of a motor vehicle ;

the word " quarter " means any of the four periods of three months in each year commencing with the period from the 1st day of January, 1950, to the 31st day of March, 1950 ;

the expression " retail dealer " means a person who carries on the business of selling, wholly or mainly by retail, motor spirit ;

the word " unit " means one gallon.

PART II. COUPON LICENCES AND SPECIAL LICENCES.

3. (1) The Minister may, from time to time, authorise the issue to any person of a licence (in this Order referred to as a coupon licence) to which are attached coupons, each of which authorises such person to purchase during a specified period a specified number of units of motor spirit.

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

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

(4) The Minister may, by notice sent by post in an envelope addressed to the holder of a coupon licence at the address stated in the licence, cancel the licence, and where the holder of a coupon licence receives a notice under this paragraph he shall not thereafter detach any coupons from the licence and shall forthwith send the licence to the Department of Industry and Commerce, Dublin.

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

4. (1) No dealer shall sell, or dispose of, to any person (other than another dealer) nor shall any person (other than a dealer) purchase or acquire from a dealer any motor spirit unless—

(a) the person to whom the motor spirit is sold or disposed of is the holder of a coupon licence to which a coupon or coupons valid for the quarter during which such motor spirit is sold or disposed of, is or are attached, and

(b) such licence is produced to the vendor at the time of the sale or disposal, and

(c) the quantity of motor spirit so sold does not exceed the number of units of motor spirit authorised to be purchased by the coupons attached to such licence immediately before the sale and valid for the quarter during which such motor spirit is sold.

(2) Where a dealer sells or disposes of any motor spirit to a person who is the holder of a coupon licence the dealer shall forthwith detach from the licence a number of coupons valid for the quarter during which the motor spirit is sold or disposed of and sufficient to cover the number of units of motor spirit so sold or disposed of, and retain the coupons so detached.

(3) This Article shall not apply to any motor spirit purchased by or on behalf of the State.

5. (1) No dealer shall sell to any retail dealer nor shall any retail dealer purchase from any other dealer any motor spirit unless—

(a) the purchaser delivers to the vendor at the time of the sale a number of coupons (valid for the quarter during which such spirit is sold or the quarter immediately preceding that quarter) detached from coupon licences, the wholesale exchange values of which are equal to the quantity of motor spirit so sold, or

(b) such motor spirit is purchased under and in accordance with a licence (in this Order referred to as a special licence) granted by the Minister to the purchaser under this Article.

(2) For the purposes of subparagraph (a) of paragraph (1) of this Article, the wholesale exchange value of any coupon detached from a coupon licence shall be taken to be the number of units of motor spirit authorised to be purchased by such coupon increased by one-forty-ninth.

(3) The Minister may from time to time grant to any person a special licence and may attach to the licence such conditions as he thinks fit.

(4) The holder of a special licence shall comply with such conditions as are attached to that licence.

(5) Where a dealer sells to any retail dealer any motor spirit during the quarter beginning on the 1st day of January, 1950, then any coupons detached from a coupon licence issued under Article 3 of the Emergency Powers (Motor Spirit Rationing) Order, 1941 (S. R. & O. No. 36 of 1941), which were valid for the month of October, 1949, the month of November, 1949, or the month of December, 1949, shall be deemed for the purposes of this Article to be coupons detached from a coupon licence issued under this Order.

(6) Where—

(a) a licence has been granted by the Minister for the purposes of Article 5 of the Emergency Powers (Motor Spirit Rationing) Order, 1941, and

(b) the period during which motor spirit may be purchased under that licence expires on or after the 1st day of January, 1950,

the licence shall, on and after the 1st day of January, 1950, be deemed, for the purposes of this Article and Article 13 of this Order, to be a special licence granted by the Minister under this Article.

PART III. LICENSING OF MOTOR SPIRIT RETAILERS.

6. (1) Where the proprietor of a premises proposes to carry on the business of selling motor spirit by retail, he may apply to the Minister for a licence (in this Order referred to as a retailer's licence) authorising him to carry on the business of selling motor spirit by retail at those premises, and the application shall—

(a) be made in writing and be in such form and contain such particulars as the Minister may direct ;

(b) relate to one set of premises only which shall be specified in the application ; and

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

(2) On receipt of an application under paragraph (1) of this Article and on payment by the applicant of the fee (if any) directed by the Minister for Finance to be paid in respect of a retailer's licence, the Minister may, subject to the provisions of this Article, issue to the applicant a retailer's licence in respect of the premises specified in the application.

(3) Where an application is made for a retailer's licence in respect of any premises, the Minister may serve by post on the applicant a notice requiring him to furnish to the Minister within a specified time such information, in relation to the business proposed to be carried on at those premises, as may be specified in the notice and, in default of compliance with such notice or, if the Minister on consideration of the information (if any) furnished to him by the applicant is of opinion that the applicant does not propose, bona fide, to carry on the business of selling motor spirit by retail at those premises, the Minister may refuse the application.

(4) Where an application is made for a retailer's licence the Minister may refuse the application.

(5) Where the Minister is of opinion that any person who is the holder of one or more retailer's licences has acted in contravention of this Order or of the Emergency Powers (Motor Spirit Rationing) Order, 1941 (S. R. & O. No. 36 of 1941), as amended by any subsequent Order, or the Emergency Powers (Motor Spirit Retailers) Order, 1941 (S. R. & O. No. 564 of 1941), the Minister may revoke the licence or, if such person is the holder of more than one licence, all or any of the licences held by such person.

(6) The Minister may attach to any retailer's licence such conditions as he thinks fit.

(7) Every holder of a retailer's licence shall comply with the conditions attached to the licence.

(8) The Minister may if he thinks fit transfer a retailer's licence.

(9) Any retailer's licence granted under Article 3 of the Emergency Powers (Motor Spirit Retailers) Order, 1941, shall be deemed to have been granted under this Order.

7. (1) No person shall sell by retail or dispose of motor spirit at any premises unless he is the holder of a retailer's licence in respect of those premises.

(2) No person shall purchase for resale motor spirit unless he is the holder of a retailer's licence.

8. (1) The proprietor of licensed premises shall keep at those premises a record of all purchases of motor spirit for the purposes of the business carried on by him at those premises and shall, whenever any motor spirit is purchased by him for the purposes of such business, enter in the said record the name and address of the vendor, the date of the purchase and the quantity of motor spirit so purchased.

(2) The Minister may require the proprietor of any particular licensed premises (who shall comply with the requirement) to keep at those premises a record, in such form as the Minister may direct, of all motor spirit delivered on sale at those premises and, whenever any motor spirit is delivered on sale to any person at those premises, to enter forthwith in the said record the particulars in relation to the delivery indicated in the said form.

9. (1) The Minister may, whenever and so often as he thinks fit, serve on any person who is the proprietor of licensed premises a notice requiring that person to furnish to the Minister, at such times as may be specified in the notice, periodical or other returns containing such particulars relating to the business at those premises as may be specified in the notice.

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

(3) Where a notice under this Article is served on any person such person shall comply with the requirements of the notice.

10. (1) No person shall in any application under this Order or in furnishing any information under this Order or in any return under this Order make any statement which is false or misleading in any material respect.

(2) No person shall in any record kept by him under this Order make any false entry.

PART IV. MISCELLANEOUS.

11. (1) An authorised officer may at all reasonable hours enter any premises on which he has reason to believe motor spirit is stored, whether for sale or otherwise, and inspect any motor spirit on such premises.

(2) Every person who owns, or is employed in connection with any business carried on on any premises on which motor spirit is stored, whether for sale or otherwise, is hereby required to afford to an authorised officer all reasonable facilities for the inspection and measurement of any stocks of motor spirit on such premises.

12. Every person who carries on, or is employed in connection with, the business of selling motor spirit or any business for the purposes of which motor spirit is used, is hereby required, from time to time—

(a) to produce, at the request of an authorised officer, to such authorised officer any books or documents relating to the purchase and sale or disposition of motor spirit for the purposes of such business, which are in the power, possession or procurement of such person, and to give to such authorised 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 inspection and measurement of any stocks of motor spirit kept in connection with such business ;

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

13. Every person who is the holder of a coupon licence or a special licence shall, on the request of an authorised officer—

(a) produce the licence to the authorised officer for inspection, and

(b) give to the authorised officer any information, which he may reasonably require, with regard to the purchase of motor spirit under the licence.

14. No person shall have in his possession, custody or control any coupon detached from a coupon licence, unless—

(a) such person is a dealer and the coupon was detached by him from a coupon licence under paragraph (2) of Article 4 of this Order, or

(b) such person is a dealer and the coupon was delivered to him by a retail dealer under paragraph (1) of Article 5 of this Order.

15. Where an authorised officer has reasonable grounds for believing that any person has purchased or sold motor spirit during the previous three months, the authorised officer may request that person (who shall comply with such request) to inform him—

(a) whether he has in fact purchased or sold motor spirit during the previous three months, and

(b) if he so purchased any motor spirit, the name and address of the vendor, and

(c) if he so sold any motor spirit, the name and address of the purchaser.

16. The Minister may from time to time require any dealer (who shall comply with such requisition) to dispose of any coupons or special licences delivered to him under this Order in such manner as the Minister may direct.

17. No person shall sell or offer for sale or, otherwise than in accordance with this Order, dispose of any coupon licence, coupon detached from a coupon licence, or special licence.

18. No person shall make or have in his possession any document so closely resembling a coupon licence or a coupon detached from a coupon licence or a special licence as to be calculated to deceive.

19. No person shall detach from a coupon licence any coupon unless such person is a dealer and the coupon is detached from the licence under paragraph (2) of Article 4 of this Order.

20. In any proceedings for a contravention of any of the provisions of this Order against a person who carries on the business of selling motor spirit or any business for the purposes of which motor spirit is used, any entries, contained in any books kept for the purposes of such business, relating to any transaction in regard to motor spirit shall be prima facie evidence of the transaction.

21. The provisions of this Order shall not apply to anything done, in the course of his duty, by any person acting on behalf of the State.

22. The Orders set out in the Schedule to this Order are hereby revoked.

SCHEDULE.

ORDERS REVOKED.

1. Emergency Powers (Motor Spirit Rationing) Order, 1941 (S. R. & O. No. 36 of 1941).

2. Emergency Powers (Motor Spirit Rationing) Order, 1941 (Amendment) (No. 3) Order, 1941 (S. R. & O. No. 197 of 1941).

3. Emergency Powers (Motor Spirit Retailers) Order, 1941 (S. R. & O. No. 564 of 1941).

4. Emergency Powers (Motor Spirit Rationing) Order, 1941 (Amendment) (No. 5) Order, 1942 (S. R. & O. No. 318 of 1942).

GIVEN under the Official Seal of the Minister for Industry and Commerce this 12th day of January, 1950.

(Signed) JOHN LEYDON,

Secretary,

Department of Industry and Commerce.

(A person authorised in that behalf by the Minister for Industry and Commerce.)