S.I. No. 14/1974 - Fuels (Control of Supplies) (Restriction on Deliveries of Motor Spirit) (Amendment) Order, 1974.

S.I. No. 14 of 1974.

FUELS (CONTROL OF SUPPLIES) (RESTRICTION ON DELIVERIES OF MOTOR SPIRIT) (AMENDMENT) ORDER, 1974.

I, PETER BARRY, Minister for Transport and Power, in exercise of the powers conferred on me by section 3 of the Fuels (Control of Supplies) Act, 1971 (No. 3 of 1971), hereby order as follows:

1. (1) This Order may be cited as the Fuels (Control of Supplies) (Restriction on Deliveries of Motor Spirit) (Amendment) Order, 1974.

(2) The Principal Order, the Fuels (Control of Supplies) (Restriction on Deliveries of Motor Spirit) (Amendment) Order, 1973 ( S.I. No. 346 of 1973 ), and this Order may be cited together as the Fuels (Control of Supplies) (Restriction on Deliveries of Motor Spirit) Orders, 1973 and 1974.

2. In this Order "the Principal Order" means the Fuels (Control of Supplies) (Restriction on Deliveries of Motor Spirit) Order, 1973 ( S.I. No. 305 of 1973 ).

3. The Principal Order is hereby amended—

( a ) by the substitution for paragraph (b) of Article 2 of the following paragraph:—

"( b ) where an oil retailer or commercial consumer—

(i) did not receive a supply of motor spirit before the 1st day of October, 1972, or

(ii) did not receive a supply of motor spirit in the six months ended on 31st March, 1973, or

(iii) increased or decreased his business in the period from the 1st day of January, 1973, to the 30th day of September, 1973, by more than 12½ per cent. when compared with the corresponding period in 1972,

such amount as shall be deemed appropriate by the Minister after consultation with the oil wholesaler or distributor concerned.",

( b ) by the substitution for Article 3 of the following Article:—

"3. In the period of six months ending on the 31st day of March, 1974, the amount of motor spirit delivered by an oil wholeesaler or a distributor to an oil retailer or commercial consumer shall not exceed

( a ) 92½ per cent. of normal deliveries in the case of a commercial consumer, or

( b ) 85½ per cent. of normal deliveries in the case of a retailer.",

( c ) by the insertion after Article 3 (as inserted by this Order) of the following Article:

"3A. (1) An oil wholesaler or distributor who delivered motor spirit to any person in the period of six months ended on the 16th day of November, 1973, shall deliver to the person in the period of six months ending on the 31st day of March, 1974 upon and subject to the same terms and conditions in relation to time for and method of payment for deliveries as those upon and subject to which the deliveries in the said period of six months ended on the 16th day of November, 1973, were made—

( a ) a quantity of motor spirit equal to, or not more than 100 gallons less than, the maximum quantity authorised by this Order to be so delivered, or

( b ) such lesser quantity (if any) of motor spirit as may be determined by agreement in writing between the oil wholesaler or distributor and the person, or

( c ) in case the Minister considers that there are special circumstances requiring the delivery of a quantity of motor spirit other than the quantities referred to in subparagraphs (a) and (b) of this paragraph, such other quantity as he may determine,

and the size of and the intervals between the deliveries shall correspond to such extent as is reasonably possible (having regard to the provisions of this Order and any difficulties occasioned by the shortage of supplies of motor spirit) with the size of and the intervals between the deliveries in the said period of six months ended on the 16th day of November, 1973.

(2) Paragraph (1) of this Article shall not apply if—

( a ) the oil wholesaler or the distributor and the person agree in writing after the commencement of this Order that deliveries under the said paragraph (1) shall not be made, or

( b ) the making of deliveries under the said paragraph (1) would be a contravention of a direction under this Order.", and

( d ) by the substitution for Articles 4 and 5 of the following Article:

"4. The Minister may give such directions as shall appear to him to be necessary or expedient for giving full effect to any provision of this Order.".

GIVEN under my Official Seal, this 30th day of January, 1974.

PETER BARRY,

Minister for Transport and Power.

EXPLANATORY NOTE.

The Order amends the Fuels (Control of Supplies) (Restriction on Deliveries of Motor Spirit) Orders made on 16th November, 1973 ( S.I. No. 305 of 1973 ) and 28th December, 1973 ( S.I. No. 346 of 1973 ).

The Order sets out the level of deliveries to be made by an oil wholesaler or distributor to a retailer or commercial consumer in the six month period ending 31st March, 1974. It also clarifies the amount of oil to be delivered and provides that the size of and interval between deliveries shall be as reasonable as possible. In addition the provisions in the earlier Orders relating to the giving of directions and to the circumstances in which the Minister may decide on allocations are amended.