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S.I. No. 18/1927 - Assay (Gold and Silver Plate and Watch Cases) Adaptation Order, 1927.

STATUTORY RULES AND ORDERS. 1927. No. 18.

ASSAY (GOLD AND SILVER PLATE AND WATCH CASES) ADAPTATION ORDER, 1927.

WHEREAS by Section 12 of the Adaptation of Enactments Act, 1922 (No. 2 of 1922) it is enacted that the Executive Council of Saorstát Eireann may from time to time by order make all such general or specific adaptations of or modifications in any British Statute which in the opinion of the Executive Council are necessary in order to enable such statute to have full force and effect in Saorstát Eireann :

AND WHEREAS by sub-section (2) of Section 16 of the same Act it is enacted that whenever any power is given by that Act of applying, interpreting, adapting, or modifying any British Statute, such power shall extend and apply to every order, rule, or regulation made under such statute and having the force of law in Saorstát Eireann :

AND WHEREAS in the opinion of the Executive Council the adaptations and modifications intended to be made by this Order of the statutes hereinafter mentioned (being British Statutes within the meaning of the said Adaptation of Enactments Act, 1922 ) and of the Orders in Council hereinafter mentioned (being orders within the meaning of sub-section (2) of Section 16 of the said Act) are necessary in order to enable such statutes and orders respectively to have full force and effect in Saorstát Eireann :

NOW, the Executive Council of Saorstát Eireann in exercise of the powers conferred on them by Section 12 and sub-section (2) of Section 16 respectively of the Adaptation of Enactments Act, 1922 (No. 2 of 1922) and of every and any other power them in this behalf enabling do hereby order as follows :—

1.—This Order may be cited for all purposes as the Assay (Gold and Silver Plate and Watch Cases) Adaptation Order, 1927.

2.—The Interpretation Act, 1889 applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas passed before the 1st day of January, 1924.

3.—Sections 59 and 60 of the Customs Act, 1842, and Section 10 of the Revenue Act, 1883, shall be construed as if they related solely to the importation of gold and silver plate into Saorstát Eireann and required such plate to be assayed, stamped, and marked solely at the assay office of the Fraternity or Company of Goldsmiths of the City of Dublin, and the said sections shall have effect accordingly and shall apply to all gold and silver plate imported into Saorstát Eireann whether from places comprised in the late United Kingdom of Great Britain and Ireland or elsewhere.

4.—The reference in Section 4 of the Revenue Act, 1884, to the United Kingdom shall be construed as a reference to Saorstát Eireann, and the word " foreign " in the same section shall be construed as applying to any place outside Saorstát Eireann, and the said section shall have effect accordingly.

5.—The references in Section 8 of the Merchandise Marks Act, 1887, to the United Kingdom shall be construed as references to Saorstát Eireann and all references in the said section to any assay office shall be construed as references to the assay office of the Fraternity or Company of Goldsmiths of the City of Dublin, and the said section shall have effect accordingly.

6.—(1) Section 1 of the Hall-Marking of Foreign Plate Act, 1904, shall be construed and have effect as if the expression " Saorstát Eireann " were inserted therein in lieu of the expression " United Kingdom " and also in lieu of the word " Ireland " wherever that expression and that word respectively occur in the said section and as if all references to England and all references to Scotland were omitted from the said section.

(2) The word " foreign " whenever the same occurs in the said Section 1 of the Hall-Marking of Foreign Plate Act, 1904, shall be construed as applying to any place outside Saorstát Eireann, and the said section shall have effect accordingly.

7.—The Finance Act, 1907, shall be construed and have effect as if the following section were inserted therein in lieu of the Section 5 now contained therein, that is to say—

" 5.—Notwithstanding anything to the contrary in Section 10 of the Revenue Act, 1883, and subject to the conditions there set forth, gold and silver plate imported into Saorstát Eireann may, upon security being given to the satisfaction of the Revenue Commissioners, be removed to the assay office of the Fraternity or Company of Goldsmiths of the City of Dublin without being in charge of an officer of customs and excise."

8.—The Order in Council made on the 7th day of May, 1907, under Section 8 of the Merchandise Marks Act, 1887, shall be construed and have effect as if the expression " Saorstát Eireann " were inserted therein in lieu of the expression " United Kingdom " and all references to any authority other than the Fraternity or Company of Goldsmiths of the City of Dublin were omitted from the said Order.

9.—The Order in Council made on the 11th day of May, 1906, under Section 1 of the Hall-Marking of Foreign Plate Act, 1904, shall be construed and have effect, as if the expression " Saorstát Eireann " were inserted therein in lieu of the expression " United Kingdom " and also in lieu of the word " Ireland " wherever that word occurs in the said Order, as if the expression " places outside Saorstát Eireann " were inserted therein in lieu of the expression " foreign parts " wherever that expression occurs in the said Order, and as if all references to England, all references to Scotland and all references to any authority other than the Fraternity or Company of Goldsmiths of the City of Dublin were omitted from the said Order.

Dublin.

This 21st day of February, 1927.