S.I. No. 150/1972 - Restrictive Trade Practices (Motor Spirit) Order, 1972.

S.I. No. 150 of 1972.

RESTRICTIVE TRADE PRACTICES (MOTOR SPIRIT) ORDER, 1972.

I, PATRICK J. LALOR, Minister for Industry and Commerce, having considered a report of the Fair Trade Commission of an enquiry under section 7 of the Restrictive Trade Practices Act, 1953 (No. 14 of 1953), into the conditions which obtain in regard to the supply and distribution of motor spirit in so far as they affect the nature and growth in numbers of motor spirit retail outlets, in exercise of the powers conferred on me by section 9 of the said Act, hereby order as follows :

1. (1) This Order may be cited as the Restrictive Trade Practices (Motor Spirit) Order, 1972.

(2) The Principal Order, the Restrictive Trade Practices (Motor Spirit and Motor Vehicle Lubricating Oil) Order, 1961 (Amendment) Order, 1962 ( S.I. No. 62 of 1962 ), and this Order may be cited together as the Restrictive Trade Practices (Motor Spirit and Motor Vehicle Lubricating Oil), Orders, 1961 to 1972, and shall be construed together as one.

2. In this Order " the Principal Order " means the Restrictive Trade Practices (Motor Spirit and Motor Vehicle Lubricating Oil) Order, 1961 ( S.I. No. 294 of 1961 ).

3. (1) Subject to the provisions of this Article, during the period of three years from the commencement of this Order, a person shall not operate as a company station a motor spirit station that was not operated as a company station immediately before such commencement.

(2) This Article shall not apply in relation to a motor spirit station the construction of which was completed after the commencement of this Order if the whole of the station at and below ground level was completed not later than four weeks after the date of the making of this Order.

(3) Where—

(a) a motor spirit station adjoins part of a road or street in the vicinity of which another road or street is constructed which carries all or a substantial part of the traffic which would otherwise be carried on the part aforesaid,

(b) the station is permanently closed down not later than one year after the completion of the construction aforesaid, and

(c) immediately before its closure the station was operated as a company station,

(d) after such closure but not later than two years after the said completion, the operation of another motor spirit station as a company station is commenced at a place not more than one mile from the place where the station aforesaid was situate by the person who operated it immediately before its closure,

this Article shall not apply in relation to the operation of that other station.

(4) Where—

(a) a motor spirit station is compulsorily acquired by a body that is a local authority for the purposes of the Local Government Act, 1941 (1941, No. 23) and is permanently closed down,

(b) immediately before its closure the station was operated as a company station,

(c) not later than one year after such closure the operation of another motor spirit station as a company station is commenced at a place not more than one mile from the place where the station aforesaid was situate by the person who operated it immediately before its closure,

this Article shall not apply in relation to the operation of that other station.

4. Article 2 of the Principal Order is hereby amended by—

(a) the insertion after the definition of " commercial consumer " of the following definition :

" ' company station ' means a motor spirit station that is wholly or partly occupied by or on behalf of, or by a person holding it or the site upon which it is built as tenant, lessee, licensee or in any other capacity from—

(a) a supplier,

(b) a subsidiary of a company that is a supplier,

(c) a subsidiary of a company of which a supplier is also a subsidiary, or

(d) a holding company of a company that is a supplier.

In this definition—

1963. No. 33.

' company ' has the meaning that it has in the Companies Act, 1963 ;

' holding company ' and ' subsidiary ' have the meanings that they would have in section 155 of the Companies Act, 1963 , if—

(i) in subsection (1) (a) of that section ' one-fifth ' were substituted for ' half ' in subparagraphs (ii) and (iii), and

(ii) in subsection (2) of that section ' holder or holders of one or more ' were substituted for 'holders of all or a majority ';

' supplier ' means a person who is a wholesaler or who imports or produces motor spirit or motor vehicle lubricating oil;", and

(b) the substitution for the definition of " company station retailer " of the following definition:

" ' company station retailer ' means a person who operates a company station;".

5. Article 3 of the Principal Order is hereby amended—

(a) by the substitution for paragraph (1) of the following paragraph :

" (1) Subject to the provisions of this Order, a wholesaler shall not differentiate, either directly or indirectly, between one retailer and another in relation to the terms or conditions on or subject to which he sells or offers for sale motor spirit of like grade or quality.", and

(b) the insertion after paragraph (3) of the following paragraph :

" (4) Nothing in this Article shall prevent a wholesaler from selling or offering to sell motor spirit to retailers at a price that, in the case of single deliveries of motor spirit of less than such quantity as may be specified from time to time by the wholesaler, is increased by an amount that is reasonable and justifiable having regard to the total cost to the wholesaler of all such deliveries ".

6. Article 6 of the Principal Order is hereby amended by the substitution of " ten years " for " five years " in both places where it occurs.

7. Article 8 of the Principal Order is hereby amended by the substitution for paragraph (2) of the following paragraph :

" (2) A wholesaler shall furnish to the Commission on request, all such information as the Commission may reasonably require from time to time for the purpose of—

(a) any review by the Comission of the operation or proposed operation of company stations, or

(b) any review or comparison by the Commission of the concessions and facilities, whether financial or not, offered or given by wholesalers to company station retailers and to other retailers."

GIVEN under my Official Seal, this 15th day of June, 1972.

PATRICK J. LALOR,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

The effect of this Order is to prohibit petrol suppliers from either purchasing or constructing retail outlets for a period of three years and also to make some other amendments of the Restrictive Trade Practices (Motor Spirit and Motor Vehicle Lubricating Oil) Order, 1961.