S.I. No. 173/1947 - Rationing of Footwear Order, 1947.

STATUTORY RULES AND ORDERS. 1947. No. 173.

RATIONING OF FOOTWEAR ORDER, 1947.

I, SEÁN F. LEMASS, Minister for Industry and Commerce, in exercise of the powers conferred on me by Article 31 of the Emergency Powers Order, 1939 (S. R. & O. No. 224 of 1939), as amended by the Emergency Powers (No. 173) Order, 1942 (S. R. & O. No. 166 of 1942) (which Orders are continued in force by the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22 of 1946)), and of every and any other power me in this behalf enabling, hereby order as follows:

1. This Order may be cited as the Rationing of Footwear Order, 1947.

2. In this Order—

references to children shall be construed as including references to infants;

references to men shall be construed as including references to youths;

the expression "the Principal Order" means the Emergency Powers (General Rationing Provisions) Order, 1944 (S. R. & O. No. 130 of 1944);

the expression "Ration Book" means a ration book issued under the Principal Order and marked with the words "General Ration Book 1944 issue" or the words "Special Ration Book (Army) valid from the 1st June, 1947, to the 31st May, 1948.";

the expression "supplemental ration card" means a supplemental ration card issued under the Principal Order and containing coupons marked "K";

references to women shall be construed as including references to maids.

3. This Order is supplemental to and shall be construed as one with the Principal Order.

4. This Order shall come into operation on the 1st day of June, 1947.

5.—(1) Subject to the provisions of this Article, each article which is of a description specified in column (2) of the First Schedule hereto shall be a rationed article for the purposes of the Principal Order.

(2) The Principal Order shall not apply to any article of a description specified in column (2) of the First Schedule hereto which is secondhand, and accordingly no such secondhand article shall be a rationed article for the purposes of the Principal Order.

(3) In the subsequent Articles of this Order, the expression "scheduled rationed article" means any article which is, by virtue of this Article, a rationed article for the purposes of the Principal Order.

6.—(1) The coupons, forming part of a ration book or a supplemental ration card, marked "I," "J" or "K" shall be the coupons applicable to scheduled rationed articles and the said coupons shall be available for lawful use by a retail customer or a trader only during the period commencing on the 1st day of June, 1947, and ending on the 31st day of May, 1948.

(2) For the purposes of paragraphs (1) and (2) of Article II of the Principal Order and this Order, a credit voucher marked "46" or a coupon equivalent licence shall—

(a) as respects the supplying to and the obtaining by, during the period of four months commencing on the 1st day of June, 1947, a trader, who is a retailer, of scheduled rationed articles, or

(b) as respects the supplying to and the obtaining by, during the period of five months commencing on the 1st day of June, 1947, a trader, who is a wholesaler, of scheduled rationed articles, or

(c) as respects the supplying to and the obtaining by, during the period of six months commencing on the 1st day of June, 1947, a trader, who is a manufacturer, of scheduled rationed articles required as raw material for his manufacturing business,

be taken to be the equivalent of a number of the appropriate coupons equal to the number of coupons specified in such voucher or licence.

In this paragraph—

the expression "a credit voucher marked '46'" means a credit voucher issued before the 21st day of June, 1947, under Article 37 of the Principal Order and marked "46";

the expression "coupon equivalent licence" means a licence (other than a coupon equivalent licence bearing the inscription "this licence will not be valid for the supply of rationed articles after the 31st October, 1946") issued during the period beginning on the 1st day of June, 1946, and ending on the 31st day of May, 1947, under Article 13 of the Principal Order and headed with the words "coupon equivalent licence."

7. For the purposes of the Principal Order, the appropriate number of the appropriate coupons, as respects each rationed article which is of a description specified in column (2) of the First Schedule hereto at any reference number, shall be the number of coupons mentioned in column (3), (4) or (5) (whichever is appropriate, having regard to the size of the article) at the said reference number.

8. Where a trader supplies to a retail customer a quantity of ascheduled rationed article in exchange for the appropriate number of the appropriate coupons, the trader shall not, in exchange for those coupons, supply to the retail customer an additional quantity of that scheduled rationed article or any other scheduled rationed article or any article which is a rationed article for the purposes of the Principal Order by virtue of the Rationing of Yarn, Cloth and Clothing Order, 1947.

9. Every person who carries on a business in the course of which any scheduled rationed article is sold or offered for sale on or after the 1st day of June, 1947, shall keep a copy of the First Schedule to this Order and shall, upon the request of a retail customer, produce such copy to such retail customer for his inspection.

10. Where a scheduled rationed article is hired for a period not exceeding fourteen days, it shall, for the purposes of the Principal Order, be deemed not to be supplied or obtained.

11.—(1) Where before the 1st day of June, 1947, a contract for the supply of a scheduled rationed article by a trader to a retail customer has been entered into and the article has not actually been delivered to the retail customer before that date, the provisions of the Principal Order shall apply in respect of such supply.

(2) Where before the 1st day of June, 1947, a contract for the supply of a scheduled rationed article by a trader to another trader has been entered into and the article has not actually been delivered to the other trader before that date, the provisions of the Principal Order shall apply in respect of such supply.

12.—(1) Scheduled rationed articles belonging to traders shall not, save under permit granted by the Minister, be sold by public auction.

(2) Where at any sale by public auction any scheduled rationed article is sold, the auctioneer shall, notwithstanding that the seller is not a trader, obtain from the purchaser the appropriate number of the appropriate coupons and shall, not later than fourteen days after the date of the auction, send to the Minister the coupons so obtained and also a statement giving the description and quantity of such scheduled rationed article and the appropriate number of the appropriate coupons in respect thereof, and the provisions of the Principal Order and of any licence granted thereunder shall apply in relation to the supply of the scheduled rationed article as if the seller were a trader.

(3) Paragraph (2) of Article 12 of the Principal Order shall cease to apply in respect of scheduled articles.

13.—(1) Coupons marked "C" or "D" shall not be accepted by one trader from another trader after the 31st day of May, 1947, except the coupons were in transit by post to such first-mentioned trader on the said date.

(2) Coupons marked "C" or "D" shall not be surrendered, under Article 37 of the Principal Order, after the 20th day of June, 1947.

14. The Order specified in column (2) of the Second Schedule hereto is hereby revoked.

FIRST SCHEDULE.

RATIONED ARTICLES AND THE APPROPRIATE NUMBER OF THE APPROPRIATE COUPONS THEREFOR.

SECOND SCHEDULE.

ORDER REVOKED.

GIVEN under my Official Seal, this 28th day of May, 1947.

(Signed), SEÁN F. LEMASS,

Minister for Industry and Commerce.