S.I. No. 330/1956 - Hydrocarbon Oils Rationing Order, 1956.

S.I. No. 330 of 1956.

HYDROCARBON OILS RATIONING ORDER, 1956.

I, WILLIAM NORTON, 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)), hereby order as follows :—

1. This Order may be cited as the Hydrocarbon Oils Rationing Order, 1956.

2. In this Order—

" the Minister " means the Minister for Industry and Commerce ;

" hydrocarbon oil " means any hydrocarbon oil being a diesel oil or a fuel oil ;

" diesel oil " includes gas oil, diesel oil for road vehicles and marine diesel oil ;

' fuel oil " includes light fuel oil, medium fuel oil, heavy fuel oil and marine fuel oil ;

" dealer " means a person who carries on the business of selling hydrocarbon oils ;

" retail dealer " means a person who carries on the business of selling diesel oil wholly or mainly by retail ;

" authorised officer " means a person authorised by the Minister to exercise the powers conferred on an authorised officer by this Order ;

" unit " means the quantity specified under Article 5.

3. (1) The Minister may authorise the issue to any person of a licence (in this Order referred to as a coupon licence) to which there are attached coupons, each of which authorises that person to purchase during a specified month a specified number of units of diesel oil.

(2) The Minister may authorise the issue to any person of a permit authorising that person to purchase a specified number of units or a specified quantity of hydrocarbon oil.

(3) The Minister may attach to any coupon licence or permit such conditions as he thinks fit and the holder shall comply with those conditions.

(4) The Minister may cancel a coupon licence or permit.

(5) Notice of cancellation may be given to the holder personally or may be sent by post to him at the address stated in the licence or permit.

(6) After receipt of the notice, the holder shall make no further use of the licence or permit but shall forthwith send it to the Department of Industry and Commerce, Dublin.

4. (1) On and after the 1st day of January, 1957, no dealer shall sell or deliver to any person (other than another dealer) nor shall any person (other than a dealer) purchase or acquire from a dealer any hydrocarbon oil except under and in accordance with a coupon licence or permit of which that person is the holder.

(2) Where a retail dealer sells or delivers diesel oil to the holder of a coupon licence the dealer shall forthwith detach and retain a number of coupons valid for the current month sufficient to cover the number of units of diesel oil so sold or delivered.

(3) Where a dealer sells or delivers hydrocarbon oil to the holder of a permit, the holder shall deliver the permit to the dealer and the dealer shall retain the permit.

5. The exchange value of a unit shall be such quantity as the Minister may from time to time direct.

6. The Minister may by direction declare the period for which a coupon attached to a coupon licence shall be valid.

7. (1) On and after the 1st day of January, 1957, no dealer shall sell to any retail dealer nor shall any retail dealer purchase from any other dealer any diesel oil unless the purchaser has delivered to the vendor such coupons or permits as are equivalent to the quantity of diesel oil so sold.

(2) The Minister may by direction given to a dealer require the dealer to reduce his supplies of any diesel oil to a retail dealer to lesser quantities than those authorised by paragraph (1) of this Article.

8. A dealer shall keep such records and make such returns regarding the sale or supply of hydrocarbon oil as the Minister may direct.

9. (1) An authorised officer may at all reasonable hours enter on any premises in which he has reason to believe hydrocarbon oil is stored, whether for sale or otherwise, and inspect any hydrocarbon oil on the premises.

(2) Every person who owns, or is employed in connection with, any business carried on in any premises on which hydrocarbon oil is stored, whether for sale or otherwise, is hereby required to afford to an authorised officer all reasonable facilities for the inspection and measurement of any stocks of hydrocarbon oil on the premises.

10. Every person who carries on, or is employed in connection with, the business of selling hydrocarbon oil or any business for the purposes of which hydrocarbon oil is used, is hereby required from time to time—

(a) to produce, at the request of an authorised officer, to the authorised officer any books or documents relating to the purchase and sale or disposition of hydrocarbon oil for the purposes of the business, which are in the power, possession, or procurement of that person, and to give to the authorised officer any information which he may reasonably require in regard to any entries in such books or documents ;

(b) to afford to an authorised officer all reasonable facilities for the inspection and measurement of any stocks of hydrocarbon oil carried on in connection with the business ;

(c) to give to an authorised officer any information, which he may reasonably require, in regard to the purchase, acquisition, sale or disposal of hydrocarbon oil for the purposes of the business.

11. In any proceedings for a contravention of any of the provisions of this Order against a person who carries on the business of selling hydrocarbon oil or any business for the purposes of which hydrocarbon oil is used, any entries, contained in any books kept for the purposes of the business, relating to any transaction in regard to hydrocarbon oil shall be prima facie evidence of the transaction.

12. Every person who is the holder of a coupon licence or permit shall—

(a) on the request of an authorised officer, produce the licence or permit to the authorised officer for inspection, and

(b) on the request of an authorised officer, give to the authorised officer any information, which he may reasonably require, with regard to the purchase of hydrocarbon oil under the licence or permit.

13. Where an authorised officer has reasonable grounds for believing that any person has purchased or sold hydrocarbon oil during the previous three months, he may request that person (who shall comply with such request) to inform him—

(a) whether he has in fact purchased or sold hydrocarbon oil during the previous three months, and

(b) if he so purchased any hydrocarbon oil, the name and address of the vendor, and

(c) if he so sold any hydrocarbon oil, the name and address. of the purchaser.

14. The Minister may by direction given to a dealer require the dealer to dispose of any coupons or permits delivered to him under this Order in such manner as the Minister may direct.

GIVEN under my Official Seal, this 29th day of December, 1956.

(Signed) WILLIAM NORTON,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

The order will control the distribution of fuel oils and diesel oils as from 1st January, 1957. The Order provides for the issue to owners of diesel engined vehicles and other diesel consumers of coupon licences and permits to purchase gas/diesel oil. It also provides for the issue of permits to purchase fuel oils. No person may purchase or take delivery of diesel oil or fuel oil and no person may sell or give delivery of diesel oil or fuel oil save in accordance with coupon licences or permits.

The distributing companies and retail diesel oil dealers must keep such records and make such returns as regards their transactions in the purchase and sale of diesel oils or fuel oils as the Minister may direct and must furnish such information as may be called for.