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STATUTORY RULES AND ORDERS. 1933. No. 45.
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THE AERATED WATERS TRADE BOARD.
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ROINN TIONNSCAIL AGUS TRACHTALA.
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(Department of Industry and Commerce).
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TRADE BOARDS.
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AERATED WATERS TRADE.
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REGULATIONS DATED MARCH 1, 1933, MADE BY THE MINISTER FOR INDUSTRY AND COMMERCE UNDER SECTION ELEVEN OF THE TRADE BOARDS ACT, 1909, WITH RESPECT TO THE CONSTITUTION AND PROCEEDINGS OF THE TRADE BOARD FOR THE AERATED WATERS TRADE.
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The Minister for Industry and Commerce, in pursuance of his powers under Section 11 of the Trade Boards Act, 1909, and of every other power him hereunto enabling, hereby makes the annexed Regulations.
1. A Trade Board shall be established for the trade specified in the Trade Boards (Aerated Waters) Order, 1919, (*) and set out in the Schedule to these Regulations.
2.—
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(a) The Trade Board shall consist of not less than 17 and not more than 25 persons.
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(b) The number of representative members shall be not less than 16 and not more than 22. The representative members shall be members representing employers and members representing workers in equal numbers.
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(c) The number of appointed members shall be at least one and not more than three.
3.—
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(a) The Chairman shall be appointed by the Minister for Industry and Commerce from among the members of the Trade Board.
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(b) If the Minister for Industry and Commerce considers the appointment of a Deputy Chairman desirable he shall appoint a Deputy Chairman from the remaining members of the Trade Board.
4.—
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(a) The appointed member or members shall be such one or more of the appointed members of Trade Boards, not exceeding three, as may be directed by the Minister for Industry and Commerce to act on the Trade Board.
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(b) At least one of the appointed members shall be a woman, and if only one appointed member is directed to act, that one shall be a woman.
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* S.R. & O. 1919. No. 355.
5. The selection and appointment of representative members shall be as follows, due regard being paid to the representation of the various branches of the trade and of the various districts in which the trade is carried on:—
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(a) Eight members representing employers in the trade shall be appointed by the Minister for Industry and Commerce after considering names supplied by such employers.
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(b) Eight members representing workers in the trade shall be appointed by the Minister for Industry and Commerce after considering names supplied by such workers.
6. The Minister for Industry and Commerce may, if he thinks it necessary in order to secure proper representation of any class or classes of employers or workers, after giving the Trade Board an opportunity to be heard, appoint additional representative members to serve upon the Trade Board. The number of such additional representative members shall always be an even number, not exceeding six in all. Half shall be representatives of employers, and half shall be representatives of workers.
7. Any member representing employers who ceases to be an employer and becomes a worker at the trade shall vacate his seat. Any member representing workers who becomes an employer in the trade shall vacate his seat. The question of fact shall in each case be determined by the Minister for Industry and Commerce.
8. Any member who, in the opinion of the Minister for Industry and Commerce, fails without reasonable cause to attend one-half of the total number of meetings in a calendar year shall vacate his seat.
9. If, in the opinion of the Minister for Industry and Commerce, any member shall be incapable of acting as a member of the Trade Board, the Minister for Industry and Commerce may determine his appointment, and he shall thereupon vacate his seat.
10. A vacancy among members shall be filled in the same manner as in the case of the original appointment to the vacated seat.
11.—
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(a) Subject as hereinafter provided, every member of the Trade Board shall have one vote.
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(b) If at any meeting of the Board the numbers of members present representing employers and workers are unequal, it shall be open to the side which is in the majority to arrange that one or more of its members shall refrain from voting so as to preserve equality. Failing such an arrangement, the Chairman, or in his absence, the Deputy-Chairman, if one has been appointed, may, if he thinks it desirable, adjourn the voting on any question to another meeting of the Board.
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(c) If the number of appointed members directed to act on the Trade Board is two, the Chairman shall have a second or casting vote on any question on which the voting is otherwise equal.
12. The Trade Board shall continue in existence until dissolved by order of the Minister for Industry and Commerce.
13. The Trade Board may be known under the short title of "The Aerated Waters Trade Board."
14. These Regulations shall take effect on the 1st May, 1933, and as from that date the Regulations dated 1st January, 1922 (*) with respect to the constitution and proceedings of the Aerated Waters Trade Board (Southern Ireland) are revoked; provided that nothing in these Regulations shall affect the validity of any proceedings of the Trade Board established under the said Regulations of the 1st January, 1922, or of any minimum rates fixed by the said Board and in operation at this date.
15. Any questions upon the construction or interpretation of these Regulations shall, in the event of dispute, be referred to the Minister for Industry and Commerce for decision.
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Given under the Official Seal of the Minister for Industry and Commerce, this First day of March in the Year One Thousand Nine Hundred and Thirty-three.
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JOHN LEYDON,
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Secretary of the Department of Industry and Commerce.
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SCHEDULE.
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THE AERATED WATERS TRADE, that is to say:—
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The manufacture, wherever carried on, of mineral or aerated waters, non-alcoholic cordials, flavoured syrups, unfermented sweet drinks, and other similar beverages, and the manufacture in unlicensed premises of brewed liquors, including (a) the operations of bottle washing, bottling and filling, and all other operations preparatory to the sale of any of the aforesaid liquors in bottles, jars, syphons, casks, or other similar receptacles; and including also (b) the operations of bottle washing, bottling and filling, and all subsidiary operations preparatory to the sale in bottles, jars, or other similar receptacles of cider, ale, stout, porter, and other alcoholic beers, where all or any of such last-mentioned operations are, or is, conducted or carried on in association with or in conjunction with all or any of the operations specified under (a) above so as to form a common or interchangeable form of employment for workers, and whether the two sets of operations or any of them are, or is, carried on simultaneously or not.
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* S.R. & O. 1922. No. 6.
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