S.I. No. 285/1971 - National Prices Commission (Establishment) Order, 1971.

S.I. No. 285 of 1971.

NATIONAL PRICES COMMISSION (ESTABLISHMENT) ORDER, 1971.

I, PATRICK J. LALOR, Minister for Industry and Commerce, in exercise of the powers conferred on me by sections 22B and 22C (inserted by the Prices (Amendment) Act, 1965 (No. 23 of 1965)) of the Prices Act, 1958 (No. 4 of 1958), hereby order as follows:

1. This Order may be cited as the National Prices Commission (Establishment) Order, 1971.

2. In this Order—

"the body" means the National Prices Commission established by this Order;

"the Minister" means the Minister for Industry and Commerce.

3. These is hereby established a body to be known as the National Prices Commission.

4. (1) The body shall consist of the following six members—

W. J. L. Ryan of 2, Kilgobbin Lawn, Sandyford in the county of Dublin,

Edward J. Gray of Lios Mhaoil, Enniskerry in the county of Wicklow,

Peter E. O'Brien of Mount Oriel, Castle Avenue, Clontarf, Dublin,

Harold O'Sullivan of Rose Cottage, Newry Road, Dundalk in the county of Louth,

John F. Carroll of 295, Sutton Park, Sutton, Dublin,

Mairead Allen of 193, Upper Kilmacud Road, Stillorgan in the county of Dublin.

(2) The first-named member of the body shall be chairman of the body and shall be paid such remuneration as the Minister, with the consent of the Minister for Finance, may determine.

(3) The term of office and conditions of service of a member of the body shall be fixed by the Minister.

(4) The Civil Service Regulations Acts, 1956 and 1958, shall not apply to the office of member of the body.

5. The function of the body shall be to keep under review the prices of commodities and the charges for rendering services and for carrying out work or processes and to advise the Minister in relation to such prices and charges.

6. (1) The body may, on its own initiative, and shall, at the request of the Minister, enquire into the prices charged for any commodity, service, work or process.

(2) An enquiry may be general or relate to a particular area or to prices charged under particular conditions or be otherwise limited in scope.

(3) For the purpose of an enquiry relating to a commodity or service the body may investigate the profits of persons dealing in the commodity or providing the service of carrying out the work or process.

(4) In the conduct of an enquiry at the request of the Minister, the body shall comply with his directions as to its nature and scope.

(5) On completing an enquiry the body shall report thereon to the Minister.

(6) Whenever an enquiry is being held into a particular matter and any member of the body is personally interested in the matter he shall inform the Minister and shall not, unless authorised by the Minister, act as a member for the purpose of the enquiry.

7. (1) The body shall cause to be published in such manner as it thinks fit notice of its intention to hold an enquiry.

(2) Any person may make a submission to the body in the manner prescribed by the body.

(3) An enquiry may be held in public or in private, or partly in public and partly in private, as the body may think fit.

8. (1) The Chairman of the body shall when present preside at all meetings of the body and, in the absence of the chairman, the members of the body present at a meeting may elect one of their number to be chairman for that meeting.

(2) Every question at a meeting of the body shall be determined by a majority of the votes of the members present and voting and, in the event of a tie, the chairman of the meeting shall have a second or casting vote.

(3) The quorum for a meeting shall be such number as the body may from time to timefix.

(4) The body may act notwithstanding vacancies in its membership.

(5) Subject to this Order, the body may make rules for the regulation of its proceedings.

9. (1) A member of the body may resign from office.

(2) The Minister may remove from office a member of the body if—

(a) he has become incapable through ill-health of performing efficiently his duties as such member, or

(b) his removal appears to the Minister to be necessary in the interests of the effective and economical performance of the functions of the body.

(3) If a casual vacancy occurs in the membership of the body the Minister may appoint a person to fill the vacancy.

10. (1) The Minister may, with the consent of the Minister for Finance, appoint such persons as he thinks necessary to assist the body in the performance of its functions.

(2) Persons appointed under subparagraph (1) of this paragraph shall hold office on such terms and receive such remuneration as the Minister for Finance determines.

11. (1) If the body requests the appointment of a person to assist it in the performance of its functions, the Minister may, with the consent of the Minister for Finance, appoint such person as he thinks fit for the purpose.

(2) A person appointed under subparagraph (1) of this paragraph may be paid such remuneration and allowance for expenses as the Minister, with the consent of the Minister for Finance, determines.

12. No person shall disclose information available to him through being a member of the body or a person appointed under paragraph 10 or 11 of this Order except in the execution of his duties under the Prices Acts, 1958 and 1965, or this Order or for the purpose of legal proceedings under those Acts.

13. (1) The chairman of the body may for the purposes of its functions—

(a) summon witnesses to attend before it,

(b) examine on oath (which the chairman is hereby authorised to administer) any witness attending before the body,

(c) require anysuch witness to produce to the body any document in his power or control.

(2) A member of the body other than the chairman may examine on oath any witness attending before the body.

(3) A summons to a witness to attend before the body shall be signed by the chairman thereof.

(4) A witness before the body shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(5) (a) A person who is duly summoned before the body shall attend.

(b) A person who is in attendance as a witness before the body shall if so required—

(i) take an oath,

(ii) produce any document in his power or control,

(iii) answer any question.

(c) A person who is in attendance as a witness before the body shall not do anything which, if the body were a court having power to commit for contempt of court, would be contempt of such court.

GIVEN under my Official Seal, this 15th day of October, 1971.

PATRICK J. LALOR,

Minister for Industry and Commerce.

EXPLANATORY NOTE

This Order establishes a National Prices Commission to keep under review the prices of commodities and the charges for rendering services and for carrying out work or processes and to advise the Minister for Industry and Commerce in relation to such prices and charges.